IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 WP(C).No. 16171 of 2008(A) ---------------------------------------- PETITIONERS: ---------------------- 1. K.V.JOSE, S/O.VARGHESE, KAITHARAN HOUSE, TASS ROAD,ALUVA. 2. SHINEY JOSE, W/O.K.V.JOSE,DO.DO. BY ADV. SRI.P.JACOB VARGHESE (SR.) SRI.VIVEK VARGHESE P.J. SRI.VARUGHESE M EASO SRI.P.J.VINOD JOSEPH RESPONDENTS: ------------------------- 1. SUB INSPECTOR OF POLICE, ALUVA POLICE STATION, 2. RAVI.K.A., S/O.NOT KNOWN TO PETITIONERS, POOTHAPPADOM HOUSE, NEAR HOSPITAL KARUMALOOR PO., ALUVA-11. 3. DILEEP.S.V., S/O.VELAYUTHAN, SHAKKALAKKAL HOUSE, NEAR HOSPITAL, KARUMALOOR PO., ALUVA-11. BY SR. GOVERNMENT PLEADER SRI. BENJAMIN PAUL - R1 BY ADV. SRI.RENIL ANTO KANDAMKULATHY - R2 & 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.16171/2008 A APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF LICENCE NO.A2/129/07-08 DTD. 21/06/07 ISSUED BY THE SECRETARY, KARUMALLUR GRAMA PANCHAYATH. EXT.P2: COPY OF LICENCE NO.94/08-09 DTD. 27/05/08 ISSUED BY THE SECRETARY, KARUMALLUR GRAMA PANCHAYATH. EXT.P3: COPY OF COMPLAINT MADE BEFORE THE S.I. OF POLICE, ALUVA POLICE STATION AND RECEIPT DTD. 22/05/08. /TRUE COPY/ P.S.TO JUDGE Kss K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 16171 OF 2008 ============================ DATED THIS THE 12TH DAY OF JUNE 2008 JUDGMENT Balakrishnan Nair,J. The petitioners are husband and wife. They are jointly doing business in the sale of glass, plywood and other allied products. They have a godown in Karumalloor Grama Panchayath. The petitioners submit that they have four workmen for loading/unloading work in their establishment. The loading/unloading work of glass items is a specialised job, which can be done only by the petitioners' own workmen and they are experienced in this field. But, the respondents 2 and 3, who are representing the registered Headload workers of the area, have come forward claiming work in the petitioners' godown. According to them, they are representing the registered headload workers of the area and they are entitled to do the loading/unloading work in the petitioners' establishment. When they attempted to cause obstruction, the petitioners moved the police. Since the police did not extend any help, this writ petition is filed seeking necessary protection to do the loading/unloading work, WPC.16171/2008 -2- using the petitioners' own workmen. They are also seeking protection for their lives. 2. Respondents 4 and 5 submit that there are 34 registered headload workers in that area. The petitioners have got work relating to the loading/unloading of plywood etc., which can be done by any workmen. They may be engaged to do the loading/unloading work of those items, it is prayed. 3. It is common case that the area where the godown is functioning is not covered by the scheme under the Kerala Headload Workers Act. Therefore, the registered workers cannot claim any preferential right to do the loading/unloading work. So, the petitioners will be free to do the loading/unloading work by using their own workmen. But, if there is any excess work and they require additional hands, the petitioners may engage the local headload workers at least for doing the work of loading/unloading of plywood etc. for doing which no specialisation is required. The writ petition is disposed of accordingly. K. BALAKRISHNAN NAIR, JUDGE M.C. HARI RANI JUDGE ks. WPC.16171/2008 -3- ks.