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 4TH AUGUST 2011 / 13TH SRAVANA 1933 WP(C).No. 20570 of 2011(U) ---------------------------------- PETITIONER(S): ------------------- P.A.HARRIS,PROPRIETOR,PULIKKAL INDUSTRIES, PAMBADY WEST, THIRUVILWAMALA,THALAPPALLY TALUK, TRISSUR DISTRICT. BY ADV. SRI.SIRAJ KAROLY RESPONDENT(S): --------------------- 1. SUB INSPECTOR OF POLICE, PAZHAYANNUR 680 587. 2. CIRCLE INSPECTOR OF POLICE, CHELAKKARA 680 586. 3. DISTRICT SUPERINTENDENT OF POLICE, TRISSUR. 680 001. 4. ASSISTANT LABOUR OFFICER,VADAKKANCHERY, TRISSUR DISTRICT-680 001. 5. ALL INDIA TRADE UNION CONGRESS (AITUC)PAMBADY UNIT, REPRESENTED BY ITS SECRETARYAJI, S/O.CHAMY, P.O PAMBADY, THIRUVILWAMALA, TRISSUR DISTRICT. 680 582. 6. CENTRE OF INDIAN TRADE UNION (CITU)PAMBADY UNIT, REPRESENTED BY ITS SECRETARY THANKAPPAN, ILLIKKAL HOUSE,ORLASHERY, PAMBADY, TRISSUR DISTRICT. 680 588. 7. INDIAN NATIONAL TRADE UNION CONGRESS (INTUC), THRUVILWAMALA UNIT,REPRESENTED BY ITS PRESIDENT KUMARADAS,S/O.NEELAN EZHUTHACHAN, THIRUVILWAMALA, TRISSUR DISTRICT- 680 588. R1 TO R4 BY GOVT. PLEADER SMT.C.M.CHARISMA R5 & 6 BY ADVS. SRI.V.M.KRISHNAKUMAR SMT.P.R.REENA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 20570/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE TITLE DEED. P2: COPY OF THE CERTIFICATE OF REGISTRATION. P3: COPY OF THE LICENSE. P4: COPIES OF THE APPLICATION FOR REGISTRATION AS HEAD LOAD WORKERS. P5: COPY OF THE NOTICE FROM THE 4TH RESPONDENT. P6: COPY OF THE WRITTEN REQUEST TO THE 1ST AND 2ND RESPONDENTS P6(a):COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: R5(a):COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 11/07/2011. /TRUE COPY/ P.A. TO JUDGE. svs PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- WP(C).NO. 20570 of 2011 --------------------------------- Dated this the 4th day of August, 2011 JUDGMENT Abdul Rehim,J. The petitioner is running a small scale industrial unit engaged in manufacturing of 'veneer' from softwood and Rubber wood. According to the petitioner, the industry is being run after obtaining licence from the local authority and it has got registration under the provisions of the Kerala Vale Added Tax Act. It is stated that the petitioner has got 4 permanent workers who are engaged for doing the loading and unloading works in the petitioner’s unit. It is further stated that permanent workers attached to the petitioner’s unit have already applied for getting registration under Rule 26A of the Kerala Headload Workers Rules, and Ext.P4 series applications submitted in this regard is pending disposal before the Assistant Labour Officer. Ext.P5 is a notice issued by the Assistant Labour Officer with respect to enquiry being conducted for disposal of such applications. 2. Grievance of the petitioner is that, the respondents 5 to WP(C) .20570/2011 2 7 and their henchmen are causing obstructions to the loading and unloading work being done in the industrial unit by engaging the permanent workers, claiming that they are exclusively entitled to do the loading and unloading works in the area and such work will not be allowed to be done through anybody else. It is complained that, inspite of Ext.P6 complaint submitted before the 1st respondent, no action was taken for removal of the physical obstruction and to afford protection for the works being done in the petitioner’s unit by engaging his permanent workers. 3. In the counter affidavit filed on behalf of the respondents 5 to 7 it is contended that the petitioner is not entitled to seek police protection since the industrial unit is being conducted without obtaining proper permission from the authorities of the Forest Department. It is the further contention that 159 Headload workers are engaged in loading and unloading works in the area in question, who are members of respondents 5 and 6 union, but the petitioner had excluded those headload workers by denying employment to them who are registered headload workers. It is further mentioned that the 5th respondent had raised a dispute before the Assistant Labour WP(C) .20570/2011 3 Officer as contemplated under section 21 of the Headload Workers Act, and it is being adjudicated by the said officer. 4. Having considered the rival contentions, we see no statutory provisions enabling the members of respondents 5 to 7 unions to claim the loading and unloading in the petitioner’s unit, as a matter of right. It is stated that the area wherein the unit is situated is not notified under the scheme formulated under the provisions of the Kerala Headload Workers Act, and that no functional operation of the scheme has been implemented in the area in question. It is also pertinent to note that the permanent employees attached to the petitioner’s industry had already applied for registration under the provisions of the Kerala Headload Workers Rules. Under such circumstances we find no impediment in the petitioner doing the loading and unloading works by engaging his own permanent workers. We find that the respondents 5 to 7 have no manner of right to create any physical obstruction to such works. 5. Under the above circumstances we dispose of the writ petition directing respondents to take effective steps for removal of any physical obstruction caused, and to afford protection to do WP(C) .20570/2011 4 the works in the industrial unit including the loading and unloading by engaging the permanent workers of the petitioner. 6. However we make it clear that direction issued as above will not stand in the way of the respondents 5 and 7 in persuing the matter before the Assistant Labour Officer under Section 21 of the Kerala Headload Workers Act. If any decision is taken by any competent labour authority, that will be binding on both the parties . 7. It is also left open to respondents 5 to 7 to bring to the notice of the appropriate authorities, if the petitioner is conducting business without obtaining any required permissions and licences. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ WP(C) .20570/2011 5