IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 WP(C).No. 23555 of 2008(D) -------------------------- PETITIONER: ------------ T.P.SAIDALI, S/O.MOHAMMED, 50 YEARS PARAMMEL HOUSE, MANNARKKAD, M.E.S.COLLEGE PO. PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS: ------------- 1. S.I. OF POLICE, MANNARKKAD POLICE STATION, MANNARKKAD, PALAKKAD. 2. HEAD LOAD WORKERS (C.I.T.U), MANNARKKAD UNIT REP. BY ITS SECRETARY, MANNARKKAD, PALAKKAD. 3. HEAD LOAD WORKERS (S.T.U), MANNARKKAD UNIT REP. BY ITS SECRETARY, MANNARKKAD, PALAKKAD. ADDL.R4: THE KERALA HEAD LOAD WORKERS WELFARE BOARD, LOCAL COMMITTEE, PALAKKAD, REPRESENTED BY ITS CHAIRPERSON. (ADDL.R4 IS IMPLEADED AS PER ORDER IN I.A.NO.10403/2008 DT.22.8.2008) BY ADV. SRI.KOSHY GEORGE, SC, KHLWWB FOR ADDL.R4 GOVERNMENT PLEADER, SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.23555/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE ACKNOWLEDGMENT DT.17.1.2008. EXT.P2: COPY OF THE CERTIFICATE DT.5.6.2008 ISSUED BY THE KHADI AND VILLAGE INDUSTRIES COMMISSION. EXT.P3: COPY OF THE RATION CARD OF THE PETITIONER'S FAMILY. EXT.P4: COPY OF THE COMPLAINT DT.25.07.2008, ADDRESSED TO THE SUB INSPECTOR OF POLICE, MANNARKKAD POLICE STATION. //TRUE COPY// PA TO JUDGE. K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ---------------------------------------- W.P.(C) No.23555 OF 2008 ---------------------------------------- Dated this the 27th day of August, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner submits he has started a hollow bricks manufacturing unit one month back. The entire works in that unit including loading and unloading work are done by him and his two sons, M/s. Faizal and Abdul Rouf. But the members of the respondents 2 and 3 came to the unit on 22.7.2008 and caused obstruction to its functioning claiming that they should be given the loading and unloading work in that establishment. The petitioner, therefore, filed Ext.P4 representation before the police seeking protection to run the unit without obstruction. Alleging that the police did not take any effective action, this writ petition is filed. 2. Though notice was served by special messenger, no one appeared for respondents 2 and 3 Unions. The Local W.P.(C) No.23555/2008 2 Committee of the Kerala Headload Workers Welfare Board got itself impleaded. It is submitted on behalf of the said Board that it is a scheme covered area and for doing the loading and unloading work, the members of the local pool of headload workers have to be engaged. 3. We heard the learned Government Pleader for the 1st respondent also. The learned Government Pleader submitted that at present there is no obstruction and in anticipation of obstruction, the writ petition was filed. 4. If the petitioner and his two sons are doing the loading and unloading work, the local headload workers cannot put forward any preferential claim for the said work. Therefore, if any obstruction is caused to the functioning of the unit, even when the loading and unloading work in that establishment is done by the petitioner and his two sons mentioned above, the petitioner may move the 1st respondent. In that event the 1st respondent shall remove the obstruction. If any additional W.P.(C) No.23555/2008 3 hands are required for doing the loading and unloading work, needless to say the petitioner can engage only registered headload workers or engage the workmen from the local pool under the 4th respondent. The writ petition is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps