IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 WP(C).No. 30441 of 2008(Y) -------------------------------------- PETITIONER(S): ------------------------- ALUVA GOODS SHED LOADING AND UNLOADING AND TRANSPORTING AGENCY ASSOCIATION, RAILWAY GOODS SHED, ALUVA, REP. BY ITS JOINT SECRETARY, SHRI. JOHNSON DAVID R. BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVNANTHAPURAM. 2. THE HEAD LOAD WORKERS WELFARE FUND BOARD, ERNAKULAM. 3. THE CONVENER, ALUVA COMMITTEE, KERALA HEAD LOAD WORKERS WELFARE FUND BOARD, MUNICIPAL BUILDING, OLD PRIVATE BUS STAND, ALUVA. 4. THE ASST. LABOUR OFFICER, ALUVA. 5. THE SUPERINTENDENT OF POLICE, ALUVA. 6. ALUVA RAILWAY GOODS SHED CHUMATTU THOZHILALI UNION, REG. NO. 113/65, ALWAYE, REP. BY ITS SECRETARY. W.P.(C) NO.30441/2008 ADDL. R7 & R8 ARE IMPLEADED 7. THE DIVISIONAL RAILWAY MANAGER, OFFICE OF THE SOUTHERN RAILWAY, THIRUVANANTHAPURAM. 8. THE STATION SUPERINTENDENT SOUTHERN RAILWAY, ALUVA, ERNAKULAM DISTRICT. ADDL. R7 & R8 ARE IMPLEADED AS PER ORDER DT.14.12.2009 IN I.A. NO.13777/2008 ADV. SRI. ABDUL RASHEED K.I.FOR R6 SRI.RENIL ANTO KANDAMKULATHY,SC,KHLWWB FOR R2-3 SRI.C.N.RADHAKRISHNAN, SR. COUNSEL GOVT. OF INDIAFOR R7 & 8 BY GOVERNMENT PLEADER SRI.BENJAMIN PAUL FOR R1,4 &5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/01/2009, ALONG WITH WPC NO. 34562 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.30441/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE ORDER NO.E2-423/97 DT. 10.6.2000. P2:- COPY OF THE COMPLAINT DT. 10.9.08. /TRUE COPY/ P.S. TO JUDGE tss J.B. Koshy,Ag.C.J. & V. Giri, J. -------------------------------------- W.P.(C) Nos.30441 & 34562 of 2008 --------------------------------------- Dated this the 14th day of January, 2009 Judgment Koshy,Ag.C.J. Petitioner Aluva Goods Shed Loading and Unloading and Transporting Agency Association is stated to be a registered association for clearing and transporting at Aluva and they are clearing the goods from the Aluva Railway Goods Shed on the strength of railway receipts produced by the traders. They have got their own registered attached workers. Identity cards of some of them are produced. It is the case of the petitioner that outside workers are interfering with their work and they want police protection. There is no dispute to the fact that only registered workers can work in the scheme covered area. Aluva where the Railway Goods Shed is situated is a scheme covered area. When there are registered attached workers, only those workers can be allowed to work. If there are excess work, that should be carried out by the registered workers sent by the second respondent Headload Workers' Welfare Fund Board from the pool allotted to it and unregistered workers cannot work. Even the registered workers in W.P.(C) Nos. 30441 & 34562/2008 2 the pool can work only if the employer is unable to carry out his work with the attached workers. It is submitted that large number of applications were sent by the workers as well as employer for registration of attached workers by the fourth respondent Assistant Labour Officer. All the applications submitted as per law should be disposed of by the Assistant Labour Officer, fourth respondent in W.P.(C) No.30441 of 2008. Police to see that law and order is maintained and work is carried out by the attached workers and if excess work is there it should be carried out by the registered workers sent by the pool and not by any other outsiders and outsiders shall not create law and order situation and police shall give adequate police protection for the employees. Both the writ petitions are disposed of. J.B.Koshy Acting Chief Justice V. Giri Judge vaa W.P.(C) Nos. 30441 & 34562/2008 3 J.B. KOSHY, Ag.C.J. AND P.R.RAMACHANDRA MENON,J. ------------------------------------- W.A.No. /2006 ------------------------------------- Judgment Date:14th January, 2009