'Unintended Byproduct Of A Well Intended Legislation': Kerala High Court Calls For Ban On Nokkukooli, Calls It Illegal & Unconstitutional
3 years ago

'Unintended Byproduct Of A Well Intended Legislation': Kerala High Court Calls For Ban On Nokkukooli, Calls It Illegal & Unconstitutional

Live Law  

The Kerala High Court on Monday pronounced an elaborate judgment observing that the practice of demanding gawking charges, often referred to as 'nokkukooli' in Malayalam, had to be banned in the State once and for all. Referring to the Kerala Headload Worker's Act, Justice Devan Ramachandran ordered as under:"It is unclear how nokkukooli - literally translated to mean gawking charges - spread. Referring to the Kerala Headload Worker's Act, Justice Devan Ramachandran ordered as under: "It is unclear how nokkukooli - literally translated to mean gawking charges - spread its tentacles in our small State but it is common, admitted knowledge that is being widely practised in the State, as if it is an entitlement among trade unions. It was followed by the inception of the Kerala Headload Workers Scheme which aimed at the constitution of a Welfare Board for the State to institutionalise the contractual relations between employers and headload workers.

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History of this topic

[Kerala Headload Workers Act] Employer Is Free To Engage Skilled Persons Under Section 9A If Special Assistance Is Required: Kerala High Court
1 year, 6 months ago

[Kerala Headload Workers Act] Employer Is Free To Engage Skilled Persons Under Section 9A If Special Assistance Is Required: Kerala High Court

Live Law  

The Kerala High Court recently held that if the work of loading and unloading requires assistance of skilled persons, an employer can engage persons with the requisite skill or machinery and this right of the employer is protected under the proviso to Section 9A of the Kerala Headload Workers Act, 1978.A single bench Justice N Nagaresh observed,“The proviso to Section …

State Govt Employees Participating In General Strikes Not Entitled To Constitutional Protection Under Article 19(1)(c): Kerala High Court
2 years ago

State Govt Employees Participating In General Strikes Not Entitled To Constitutional Protection Under Article 19(1)(c): Kerala High Court

Live Law  

The Kerala High Court on Thursday ordered action against government employees who participated in general strikes last year, on March 28 and 29, against Centre's economic policies.A Division Bench consisting of Chief Justice S Manikumar and Justice Shaji P. Chaly reiterated that Government Employees who participate in general strikes, affecting the normal life of the public and Public. The Kerala …

'This Is Dehumanising, Making Your Own Citizens Carry Headload': Kerala High Court Directs State To Ameliorate Workers' Plight
3 years ago

'This Is Dehumanising, Making Your Own Citizens Carry Headload': Kerala High Court Directs State To Ameliorate Workers' Plight

Live Law  

The Kerala High Court on Tuesday expressed its clear objection to the continued practice of workers carrying load on their heads and called upon the State to ameliorate the plight of such headload workers. The Bench went on to say that certain revisions had to be incorporated into the Kerala Headload Workers Act to make it amenable to the modern …

Headload Workers Act A Relic Of The Past : Kerala High Court
3 years, 1 month ago

Headload Workers Act A Relic Of The Past : Kerala High Court

Live Law  

The Kerala High Court while hearing a matter of a firm seeking police protection for its staff from the obstruction caused by headload workers in loading and unloading the goods, remarked that the Kerala Headload Workers Act should ideally not be in force in these modern times. The Board and other competent authorities under the act will be at full …

'Militant Trade Unionism Still Exists': Kerala High Court Pulls Up State For Failure To Eradicate Practice Of Gawking Wages
3 years, 3 months ago

'Militant Trade Unionism Still Exists': Kerala High Court Pulls Up State For Failure To Eradicate Practice Of Gawking Wages

Live Law  

The Kerala High Court on Thursday raised its voice against the State's failure to wipe out the practice of charging gawking charges, popularly called 'nokukooli' in Malayalam despite a ban in force and repeated strict instructions from the Court.Justice Devan Ramachandran expressed strong disappointment over the matter:"It is without doubt that Kerala has had a history of militant trade. The …

Would Lead To Exclusion Of New Entrants To Work: Kerala High Court Permits Labour Companies To Register Own Employees As Headload Workers
3 years, 3 months ago

Would Lead To Exclusion Of New Entrants To Work: Kerala High Court Permits Labour Companies To Register Own Employees As Headload Workers

Live Law  

The Kerala High Court has recently ruled that businesses are not obligated to recruit existing registered headload workers and that they are at liberty to register their own employees as headload workers as long as such employees are willing and able to do the work. Justice Bechu Kurian Thomas issued the order declaring that a business is free to register …

Unacceptable For Trade Unions To Take Law Into Their Hands: Kerala High Court Slams State Over Continued Practice Of Gawking Wages
3 years, 4 months ago

Unacceptable For Trade Unions To Take Law Into Their Hands: Kerala High Court Slams State Over Continued Practice Of Gawking Wages

Live Law  

The Kerala High Court on Friday came down heavily on the State's continued inaction to wipe out the practice of charging gawking wages in the State despite a ban in force and instructions from the Court. Justice Devan Ramachandran while condemning the local practice popularly known as nokukooli in Malayalam, observed as such:"It's not enough to claim that Kerala is …

Kerala's extortion technique of "gawking charge": Trade union goons hold up ISRO truck for hours, demand 10 lakhs
3 years, 4 months ago

Kerala's extortion technique of "gawking charge": Trade union goons hold up ISRO truck for hours, demand 10 lakhs

Op India  

As if the embarrassment of industries fleeing, rampant gold smuggling and spiralling new Covid-19 cases was not enough, the trade union members in Kerala on Sunday demanded Rs 10 lakhs from an ISRO truck to let it pass. Reportedly, a truck carrying heavy equipment en route to Vikram Sarabhai Space Centre, a wing of the Indian Space Research Organisation, was …

Supreme Court Issues Notice On SLPs Against Kerala High Court Judgment On Minimum Wages Rules
4 years, 1 month ago

Supreme Court Issues Notice On SLPs Against Kerala High Court Judgment On Minimum Wages Rules

Live Law  

The Supreme Court on Friday issued notices on two special leave petitions filed against a judgment of the Kerala High Court dealing with amendments brought to the Kerala Minimum Wages Rules.The SLPs were filed by the State of Kerala and Tata Consultancy Services Ltd.The High Court had struck down an amendment brought to the Rules which mandated the payment of …

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