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 28TH MAY 2008 / 7TH JYAISHTA 1930 WP(C).No. 13370 of 2008(N) -------------------------- PETITIONER: ------------ SRI.V.SATHEESAN, AGED 40 YEARS, S/O.VASUDEVAN,MANAGING PARTNER, M/S.N.K.TRADING CO. KP II 837 (A) KALLUVATHUKKAL P.O.,KOLLAM. BY ADV. SRI.JOHN JOSEPH VETTIKAD RESPONDENTS: ------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, KOLLAM. 2. THE CIRCLE INSPECTLOR OF POLICE, PARAVUR. 3. THE SUB INSPECTOR OF POLICE, PARIPPALLY, KOLLAM. 4. ASSISTANT LABOUR OFFICER, PARAVUR. 5. THE CONVENER CITU, KALLUVATHUKKAL P.O., KOLLAM. 6. THE CONVENOR AITUC, KALLUVATHUKKAL P.O., KOLLAM. 7. THE CONVENER INTUC, KALLUVATHUKKAL P.O., KOLLAM. BY GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.13370/08 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF LICENSE DATED 22.12.2007 ISSUED BY KALLUVATHUKKAL GRAMA PANCHAYAT. EXT.P2: TRUE COY OF IDENTITY CARD ISSUED BY THE 4TH RESPONDENT IN FAVOUR OF SANDEEP. EXT.P3: TRUE COY OF IDENTITY CARD ISSUED BY THE 4TH RESPONDENT IN FAVOUR OF M.SAJEEVAN EXT.P4: TRUE COY OF IDENTITY CARD ISSUED BY THE 4TH RESPONDENT IN FAVOUR OF JYOTHI VASU EXT.P5: TRUE COY OF IDENTITY CARD ISSUED BY THE 4TH RESPONDENT IN FAVOUR OF V.SURESH EXT.P6: TRUE COY OF IDENTITY CARD ISSUED BY THE 4TH RESPONDENT IN FAVOUR OF VIBIN B. EXT.P7: TRUE COY OF IDENTITY CARD ISSUED BY THE 4TH RESPONDENT IN FAVOUR OF GIREESH EXT.P8: TRUE COPY OF FORM V MAINTAINED BY THE PETITIONER FOR THE PERIOD FEBRUARY, 2008. EXT.P9: TRUE COPY OF COMPLAINT SUBMITTED BY THE PETITIONER BEFORE RESPONDENTS 1 TO 3 DATED 18.4.08. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.13370 OF 2008 ----------------------------------------------------- DATED THIS THE 28th DAY OF MAY, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner is running an establishment engaged in the sale of ceramic tiles, sanitary wares, etc. in Kalluvathukkal Grama Panchayat. He submits that he has attached registered head load workers for doing loading/unloading work in his establishment. Identity cards issued to them by the Assistant Labour Officer concerned under Rule 26A of the Kerala Head Load Workers Rules are Exhibits P2 to P7. Now the local head load workers under the leadership of respondents 5 to 7 are demanding loading/unloading work in the petitioner's establishment. To press their demand, they are causing obstructions. Therefore, the petitioner filed Exhibit P9 representation before the Police, seeking Police protection. Thereafter, this writ petition is filed. Though notice was served on respondents 5 to 7, nobody appeared for them. We heard learned Government Pleader who appeared for the official respondents. W.P.(C)No.13370/08 -2- 2. Even if the area is a scheme covered area, petitioner is entitled to do loading/unloading work using attached registered head load workers. So, if any obstruction is caused to the loading/ unloading work done in the petitioner's establishment using the workmen covered by Exhibits P2 to P7, he may inform the 3rd respondent. In that event, the 3rd respondent shall remove the obstruction. If respondents 5 to 7 have any superior claim for work, they may move the forums provided under the Head Load Workers Act. The direction issued by us to the Police will be subject to any order that may be passed by the statutory authorities under the above said Act. The writ petition is disposed of as above. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn