Kerala Headload Workers Act, 1978

No: 20 Dated: Jan, 01 1980

Kerala Headload Workers Act, 1978

(Act 20 of 1980)

    An Act to regulate the employment of headload workers in the State of Kerala and to make provision for their welfare, for the settlement of disputes in respect of their employment or non-employment and for matters connected therewith.

    Preamble. - Whereas it is expedient to regulate the employment of headload workers in the State of Kerala and to make provision for their welfare, for the settlement of disputes in respect of their employment or non-employment and for matters connected therewith ;

Be it enacted in the Twenty-ninth Year of the Republic of India as follows:-

CHAPTER I

Preliminary

1. Short title, extent and commencement. - (1) This Act may be called the Kerala Headload Workers Act, 1978.

(2) It extends of the whole of the State of Kerala.

(3) It shall come into force on such date as the Government may, by notification in the Gazette, appoint, and different dates may be appointed for different areas and for different provisions of this Act and for different establishments.

2. Definitions. - In this Act, unless the context otherwise requires,-

(a) "adolescent" means a person who has completed his fifteenth year of age but has not completed his eighteenth year of age ;

(b) "adult" means a person who has completed his eighteenth year of age ;

(c) "appellate authority," in relation to any area, means the appellate authority appointed under section 4 for that area ;

(d) "Board" means a Board constituted under section 14;

(e) "committee" means a committee appointed under section 18;

(f) "Conciliation Officer," in relation to any area, means the conciliation Officer appointed under section 3 for that area ;

(g) "contractor" , in relation to an establishment, means a person who undertakes to execute any work for such establishment by engaging headload workers on hire or otherwise, or who supplies headload workers as individuals or in groups for the purpose of engaging them in such establishment and includes a sub contractor and a brcker ;

(h) "dispute" means any dispute or difference between employers and employers or between employers and headload workers or between headload workers and headload workers, which is connected with the employment or non-employment or the terms of employment or the conditions of employment, of any headload workers.

Explanation. - Where any employer discharges, dismisses, retrenches or otherwise terminates the services of, or denies employment to, an individual headload worker, any dispute or difference between that headload worker and his employer connected with, or arising out of, such discharges, dismissal, retrenchment, termination or denial of employment shall be deemed to be a dispute notwithstanding that no other headload worker or any union of headload workers is a party to the dispute ;

(i) "employer" means,-

(i) in relation to a headload worker engaged by or through a contractor, the principal employer ;

(ii) in relation to a headload worker who is not employed by any employer or contractor, the committee constituted under section 18; and

(iii) in relation to any other headload worker, the person who has ultimate control over the affairs of the establishment in or for which the headload worker is employed and includes any other person to whom the affairs of such establishment are entrusted, whether such person is called an agent manager or by any other name prevailing in such establishment ;

(j) "establishment" means an establishment specified in the Schedule and includes the precincts thereof ;

(k) "family" means husband, wife, dependent parents, minor children and unmarried or widowed daughters ;

(l) "fund" means a fund constituted under a scheme ;

(m) "headload worker" means a person engaged directly or through a contractor in or for an establishment, whether for wages or not, for loading or unloading or carrying on head or person or in a trolly any article or articles in or from or to a vehicle or any place in such establishment, and includes any person not employed by any employer or contractor but engaged in the loading or unloading or carrying on head or person or in a trolly any article or articles for wages, hut does not include a person engaged by an individual for domestic purposes ;

(n) "Inspector" means an Inspector appointed under section 5;

(o) "minor" means a person who has not completed his fifteen year or age ;

(p) "principal employer" means an employer who engages a head load worker by or though a contractor in any establishment ;

(q) "prescribed" means prescribed by rules made under this Act ;

(r) "Scheme" means a scheme made under this Act ;

(s) "Wages" means all remuneration, whether payable in cash or in kind, which would, it the terms of employment, express or implied, were fulfilled, be payable to a headload worker employed in an establishment or for work done in such establishment, but does not include-

(i) the value of--

(A) any house accommodation, supply of light, water or medical attendance or ;

(B) any other amenity or service excluded by general or special order of the Government ; or

(ii) any contribution paid by the employer to any pension fund or any scheme of social insurance and the interest which may have accrued thereon; or

(iii) any travelling allowance or value of any travelling concession; or

(iv) any sum paid to a headload worker to defray special expenses entailed on him by the nature of his employment ;

(v) any gratuity payable on discharge ;

(vi) any bonus.