IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 10TH MAY 2011 / 20TH VAISAKHA 1933 WP(C).No. 12639 of 2011(D) ---------------------------------- PETITIONER(S): ------------------- RAJEEV V., S/O.VIJAYAN, MANAGING PARTNER, NEO STAR TRADING COMPANY, TOWN LIMIT, VRINDAVAN NAGAR, KADAPPAKKADA P.O., KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): -------------------- 1. THE COMMISSIONER OF POLICE, POLICE HEADQUARTERS, KOLLAM-1. 2. THE CIRCLE INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION, KOLLAM-1. 3. THE STATION HOUSE OFFICER, KOLLAM EAST POLICE STATION,KOLLAM-1. 4. THE DISTRICT LABOUR OFFICER, COLLECTORATE, CIVIL LINES, KOLLAM-13. 5. THE ASSISTANT LABOUR OFFICER, II CIRCLE, CIVIL LINES, KOLLAM-13. 6. SRI.IQUBAL, SECRETARY, LOADING-UNLOADING AND GENERAL WORKERS UNION, C.I.T.U., MUKKADA BAZAR, KOLLAM-1. 7. SRI.SURESH BABU, CONVENER, LOADING-UNLOADING AND GENERAL WORKERS UNION, C.I.T.U., PRATHIBHA JUNCTION, KADAPPAKKADA P.O., KOLLAM-8. svs ............2/-... ...2... WPC.NO.12639/2011 8. SRI.RAJU, SECRETARY, HEADLOAD WORKERS UNION, A.I.T.U.C. COUNCIL OFFICE, KADAPPAKKADA P.O., KOLLAM-8. 9. SRI.RADHAKRISHNAN, CONVENOR, A.I.U.C. TOWN LIMIT UNIT, KADAPPAKKADA P.O., KOLLAM-8. * ADDL. R10 IMPLEADED 10. HEAD LOAD WORKERS WELFARE FUND BOARD, KOLLAM DISTRICT COMMITTEE, REPRESENTED BY ITS CHAIRMAN. * ADDL. R10 IS IMPLEADED AS PER ORDER DATED 29/04/2011 IN I.A. NO.7158/2011. ADV. SRI.KOSHY GEORGE, SC, KHLWWB FOR ADDL.R-10 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO.12639/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE CERTIFICATE OF REGISTRATION NO.7/2011 DATED 05/01/2011 ISSUED BY THE REGISTRAR OF FIRMS, THIRUVANANTHAPURAM. P2: COCPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE COMMERCIAL TAX OFFICER, 2ND CIRCLE, KOLLAM TO THE PETITIONER. P3: COPY OF THE RECEIPT ISSUED BY THE SECRETARY, KOLLAM CORPORATION TO THE PETITIONER P4: COPY OF THE COMPLAINT DATED 19/03/2011 FILED BY THE PETITIONER TO THE 3RD RESPONDENT. P5: COPY OF THE RECEIPT NO.165/2011/DPTN./11/BT. DATED 20/04/2011 ISSUED BY THE 3RD RESPONDENT EVIDENCING THE RECEIPT OF EXT.P4. P6: COPY OF THE JUDGMENT IN WPC.NO.977/2011 DATED 14/01/2011 OF THIS HON'BLE COURT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P(C) No.12639 OF 2011 --------------------------------------------- Dated this the 10th day of May, 2011 J U D G M E N T ANTONY DOMINIC, J. The petitioner submits that he is the Managing Partner of M/s.Neo Star Trading Company, Kadappakada, Kollam, engaged in the business of sanitary wares and fittings and other materials. In this writ petition he complains that, loading and unloading in his business establishment is obstructed by respondents 6 to 9 and their members. According to him, complaining of the above, he made Ext.P4 complaint to respondents 1 to 3 and since there was inaction on their part, the writ petition is filed with the following prayers:- “(i) To issue a writ of mandamus or other appropriate writ order of direction commanding the Respondents 1 to 3 to afford adequate and effective Police Protection for life and property of the Petitioner and his workers for loading, unloading Works in the Shop M/s.Neo Star Trading Company, Kollam without any obstruction or hindrance from Workers of the Respondents 6 to 9 and their henchmen or anybody. W.P(C) No.12639 OF 2011 2 (ii) To issue a writ of mandamus or other appropriate writ order of direction commanding the Respondents 1 to 3 to afford adequate and effective Police Protection for life and property of the Petitioner and his workers for loading, unloading works in the Shop M/s.Neo Star Trading Company, Kollam and restrain the Workers of the Respondents 6 to 9 and their henchmen or anybody from causing any obstruction or hindrance to the ingress and egress of the loading and unloading works of the Shop. (iii) To declare that the Petitioner and his workers are entitled to get Police Protection for life and property for loading, unloading works in the Shop M/s.Neo Star Trading Company, Kollam without any obstruction or hindrance from Workers of the Respondents 6 to 9 and their henchmen or anybody.” 2. The learned Standing Counsel appearing for the additional 10th respondent submits that the area in question is not one covered by the scheme framed under the Kerala Headload Workers Act, 1978. The learned counsel appearing for respondents 8 and 9 submits that they have not created any obstruction nor do they intend to create any obstruction. It is further submitted that their members are already workers of the establishment of the petitioner. W.P(C) No.12639 OF 2011 3 3. Despite service of notice, there is no representation on behalf of respondents 6 and 7. 4. Now that the area in question is not one covered by the scheme famed under the Act, the petitioner is entitled to carry on the loading and unloading activities engaging his employees, without any obstruction from respondent 6 to 9 or anybody else. 5. Therefore, we dispose of this writ petition directing that in the event, any obstruction is caused to the loading and unloading work in the petitioner's establishment, it will be open to the petitioner to move respondents 2 and 3, in which event, adequate and effective police protection will be afforded to the petitioner. ANTONY DOMINIC, JUDGE M.L.JOSEPH FRANCIS, JUDGE dmb