IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 WP(C).No. 33529 of 2011(M) -------------------------- PETITIONER(S): --------------- RAJAN.K,S/O.KRISHNAN,AGED 36 YEARS, RESIDING AT KARAPPARAMBIL HOUSE,AMBALAVATTOM.P.O, PANAMANNA,OTTAPALAM,PALAKKAD DISTRICT. BY ADV. SRI.SANTHEEP ANKARATH SRI.SUMODH MADHAVAN NAIR RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE,KOTTAI POLICE STATION,KOTTAI-678572,PALAKKAD DISTRICT. 2. CENTRE FOR INDIAN TRADE UNION(C.I.T.U), THOLANNUR UNIT,PALAKKAD DISTRICT,PIN-678722, REPRESENTED BY ITS SECRETARY. 3. THE ASSISTANT LABOUR OFFICER, ALATHUR-678541,PALAKKAD DISTRICT. ADDL.R4 IMPLEADED: ADDL.R4 THE DISTRICT EXECUTIVE OFFICER, KERALA STATE HEADLOAD WORKERS BOARD, PALAKKAD ADDL.R4 IS IMPLEADED SUO MOTU AS PER ORDER DATED 15.12.11 ADV. SRI KOSHY GEORGE[S C]FOR ADDL R4 B/O SRI.RAJESH SIVARAMANKUTTY FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER(S) EXHIBITS EXT.P1: TRUE COPY OF THE ACKNOWLEDGMENT ISSUED BY THE DEPARTMENT OF INDUSTRIES DATED 15.11.2011. EXT.P2: TRUE COPY OF THE LICENCE ISSUED BY THE KUTHANNOOR GRAMA PANCHAYATH,DATED 10.11.2011. EXT.P3: TRUE COPY OF APPLICATION FOR REGISTRATION DATED 24/11/11 SUBMITTED BY ONE VIJAYAN. EXT.P4: TRUE COPY OF APPLICATION FOR REGISTRATION DATED 24/11/2011 SUBMITTED BY ONE ROJA. EXT.P5: TRUE COPY OF APPLICATION FOR REGISTRATION DATED 24/11/2011 SUBMITTED BY ONE DEVAN. EXT.P6: TRUE COPY OF APPLICATION FOR REGISTRATIN DATED 24/11/2011 SUBMITTED BY ONE RAJESH. EXT.P7: TRUE COPY OF PETITION DATED 26.11.2011 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. RESPONDENTS' EXHIBITS:NIL /TRUE COPY/ P.S. TO JUDGE CL PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... W.P.(C).NO.33529 OF 2011 ................................................................... Dated this the 20th day of December, 2011. JUDGMENT Pius C. Kuriakose, J. The petitioner seeks police protection direction for having the loading and unloading works in his industrial unit by engaging his own workers. Sri. Koshy George, standing counsel for the Headload Workers Welfare Fund Board, submitted that the area in question is one where functional operation of the headload workers scheme has been implemented. The learned counsel for the petitioner submitted that the petitioner has applied for registration of his permanent workers and the applications are Exts.P3 to P6. Under the above circumstances, we are of the view that so long as the petitioner’s workers whose names are mentioned in para 2 of the writ petition have not secured registration under Rule 26 A(1), the petitioner's insistence that he should be allowed to engage those workers cannot be upheld. The petitioner will be bound to engage workers alloted from Pool No.7. It is not disputed that the workers allotted to Pool No.7 owe allegiance to the second respondent. Hence we decline the prayer made in the writ W.P.(C).NO.33529 OF 2011 : 2 : petition. However, there will be a direction to the third respondent to expedite the enquiry into Exts.P3 to P6 and take a final decision in those applications at the earliest and at any rate within three months from receiving a copy of this judgment. Before taking a final decision, hearing opportunity will be afforded to the 2nd respondent also, but the decision shall be taken in accordance with law. PIUS C. KURIAKOSE, JUDGE. K. HARILAL, JUDGE. cl