IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 WP(C).No. 27852 of 2011(F) -------------------------- PETITIONER(S): --------------- 1. A.K.SABEEN, MANAMA HOUSE,MUAYANALLOOR PO KOTTIYAM,KOLLAM,REP.BY HIS POWER OF ATTORNEY HOLDER SHAHUDEEN MUSALIAR,S/O.SHAMSUDEEN MUSALIAR, AGED 26 YEARS, RESIDING AT MUSALIAR MANZIL, MANAKKAD, VADAKKEVILA PO, KOLLAM. 2. HAMEEDA SABEER, MANAMA HOUSE, UMAYANALLOOR PO, KOTTIYAM, KOLLAM,REP.BY HIS POWER OF ATTORNEY HOLDER SHAHUDEEN MUSALIAR, S/O.SHAMSUDEEN MUSALIAR,AGED 26 YEARS,RESIDIGN AT MUSALIAR MANZIL, MANAKKAD, VADAKKEVILA PO,KOLLAM. BY ADV. SRI.P.B.SURESH KUMAR, SENIOR ADVOCATE SRI.LEO GEORGE SRI.K.N.SASIDHARAN NAIR SMT.BABITHA THAMBI RESPONDENT(S): --------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, KOLLAM. 2. THE CIRLCE INSPECTOR OF POLICE, KOLLAM EAST, KOLLAM. 3. THE SUB INSPECTOR OF POLICE, KOLLAM EAST, KOLLAM. 4. KERALA HEAD LOAD WORKERS WELFARE BOARD, KOLLAM DISTRICT COMMITTEE, REPRESENTED BY ITS CONVENER, SECOND FLOOR, USHUS BUILDING, NEAR KALLUPALAM, CHAMAKKADA, KOLLAM- 691 001. 5. NIZAR, NATIONAL NAGAR-18, VAYALITHOPPU, POLAYATHODE, PATTATHANAM P.O., KOLLAM-691021. ADV. SRI.KOSHY GEORGE, SC, KHLWWB FOR R4 SRI.BECHU KURIAN THOMAS FOR R5 BY GOVT.PLEADER SRI.DHANESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.27852/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1; COPY OF THE REGISTERED LEASE DEED ENTERED INTO BY THE FIRST PETITIONER DATED 20/9/2011. EXT.P1(A): COPY OF THE RECEIPT EVIDENCING PAYMENT OF LICENCE FEE FOR THE PREMISES TO THE CORPORATION DATED 1/10/2011. EXT.P2: COPY OF THE PASS BOOK ISSUED TO THE PETITIONERS BY THE FOURTH RESPONDENT BOARD DATED NIL. EXT.P3: COPY OF THE PUBLIC NOTICE ISSUED BY THE FOURTH RESPONDETN DATED NIL. EXT.P4: COPY OF THE REPRSENTATION SUBMITTED BY THE PETITIONER ON 18/10/2011. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 27852 OF 2011 ------------------------ Dated this the 3rd day of November, 2011 JUDGMENT Abdul Rehim, J. The petitioners are the partners of a firm registered under the name and style 'Al Manama Hyper Market'. The petitioners are establishing a super market within the limits of Kollam Corporation. Grievance is that the 5th respondent and his henchmen are creating obstruction to the loading and unloading works in the premises. According to the petitioners, at present only the works related to establishment of the super market is going on and the petitioners have to start the super market functioning after finishing all interior furnishing works. 2. Admittedly, the Kerala Head Load Workers (Regulation of Employment and Welfare) Scheme 1983 had already commenced its functional operation in the area in question and the local committee constituted under the scheme had pooled the head load workers having registration both under Rule 26A of the Kerala Head load Workers Rules as well as under Clause 6A WPC.No.27852/2011 2 of the above said scheme to different areas coming within the Corporation. According to the petitioners, the pool constituted with respect to the area in question is having 13 workers, who got registration under clause 6A of the scheme. It is further stated that the petitioners' establishment was already registered with the local committee and Ext.P2 Pass Book has been issued in this regard. Contention of the petitioners is that the 5th respondent or anybody claiming under him have no manner of right to create any obstructions to the loading and unloading works. According to the petitioners, for the functioning of the super market, they are intending to engage permanent workers after completing the works. Till such time, the petitioners are ready and willing to engage workers from the pool constituted in the area in question. Therefore, the petitioners are seeking direction to respondents 2 and 3 to take action on the basis of Ext.P4 complaint and to remove physical obstructions if any caused. 3. Elaborate contentions were raised by the learned counsel appearing for the 5th respondent. We heard standing counsel appearing for the 4th respondent Board. It is submitted that the WPC.No.27852/2011 3 functional operation of the Welfare Scheme 1983 has been implemented in the area in question and Pool No. II has been constituted with 13 workers having registration under Clause 6 A. Under the above mentioned circumstances, we are of the considered opinion that the workers included in the pool constituted by the local committee under the provision of the scheme alone has got right to be engaged with respect to any establishment functioning within the area notified under the respective pool. Contention of the 5th respondent is to the effect that he is entitled to do loading and unloading works since he is a person having registration under Rule 26A, cannot be accepted in view of the various provisions contained in the scheme. If the 5th respondent has got any claim that he also to be included in the pool, it is for him to take up the matter before the appropriate authority under local committee or the Welfare Board and to seek redressal. However, we do not find any legal right vested with the 5th respondent to claim loading and unloading works of the petitioners as a matter of right. 4. Under the above mentioned circumstances, we dispose of this writ petition directing respondents 2 and 3 to afford WPC.No.27852/2011 4 adequate protection with respect to the works conducted by the petitioners for establishment of supermarket from not being obstructed in any manner by the 5th respondent or anybody claiming under him. We make it clear that the petitioners will be entitled to engage workers only from the pool No.II constituted in the area in question under the Welfare Scheme and the workers having registration under the Scheme. We further make it clear that the petitioner will be at liberty to appoint permanent Head load workers and to engage such workers if registration is granted by the appropriate authority under Rule 26A. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk