Register extortion cases against headload workers for "Nokkukooli" demands: Kerala High Court tells police

The Kerala High Court on Tuesday came down heavily on the State for the continued prevalence of the practice of demanding "nokkukooli" or gawking charges and directed the State Police to register cases of extortion at every instance of a complaint regarding the same (TK Sundareshan v. District Police Chief)..Justice Devan Ramachandran issued an interim order noting that even the State government has itself stated that demands of nokkukooli (union members' charges to stand and stare while any cargo is being off-loaded in their locality) are illegal.Hence, police officials must be expeditiously instructed to treat such demands as extortion, the Court ordered."Since the State also affirms that a demand for Nokkukooli is required to be treated as extortion, I direct the State Police Chief to immediately issue a Circular to all the Station House Officers under his command to register cases for extortion, along with other offences, every time a complaint is made relating to the demand for 'Nokkukooli' by a Union or its members," the order stated..Justice Ramachandran, who had passed several orders in the matter earlier, expressed his exasperation at several instances of the seemingly brazen demands for nokkukooli despite the same being illegal as per the State government's own statements. Even though Government Pleader EC Bineesh submitted that the government intends to amend the Kerala Headload Workers' Act to heavily penalise illegal demands of nokkukooli, the Court opined that until such time, it is necessary to make unions and its workers understand that such actions will be met with stringent consequences."The learned Government Pleader submitted that, accepting the observations and suggestions of this Court, Government intends to amend the Kerala Headload Workers Act granting powers to the competent Authority to expel a registered worker, who is established to have demanded 'Nokkukooli' (Gawking Charges), along with imposition of heavy penalties. An amendment to the above effect is certainly welcome, but, in my view, it would not serve the full purpose.... Unless the Unions and its members understand that any such demand will necessarily visit them with strict penal consequences, the situation is unlikely to improve," the Court said in its order. (emphasis added).The Court issued the order on a plea by a hotel owner, TK Sundareshan, seeking police protection to carry on his business without intervention from certain individuals who were demanding gawking charges..The Court had previously observed that the Kerala Headload Workers Act was enacted to protect the interests of trade unions and its members, but was not being implemented properly in the State.As per the Act, in the event of any employer refusing to engage a headload worker, the consequence would not be violence but a proceeding initiated before the Headload Workers' Welfare Fund Board which would then lead to the statutory consequences under the Act.Instead, union members continue to demand nokkukooli which in turn has a deleterious effect of turning away investors from the State, the Court reiterated..The Court, therefore, directed the State government to submit a report as to the steps, measures and progress made with respect to the amendment to the Kerala Headload Workers Act.The matter will next be taken up on December 8, by which time a circular issued by the State Police Chief as per the order of the Court is expected to be placed before it. [Read Order]