The Kerala High Court has held that headload workers have no right to load and unload consignments of mobile phones and electronic equipment/appliances/devices as these are fragile, delicate, and sophisticated articles.
Justice Devan Ramachandran made the observation recently while allowing a batch of writ petitions by proprietors of electronic shops seeking police protection for employing their own workers for loading and unloading electronic consignments.
The court held that mobile phones and electronic equipment/appliances/devices were “delicate and sophisticated” within the umbra of the explanation to Section 2(m) of the Kerala Headload Workers Act. The section excluded the delicate and sophisticated articles from being loaded and unloaded by the headload workers.
The court pointed out that as the electronic articles/equipment/devices were specified as being ‘fragile’ or ‘delicate’ or 'sophisticated' by manufacturers, the petitioners would be at liberty to have them loaded and unloaded with the aid of their own specialised and trained workers.
