IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 WP(C).No. 26143 of 2008(K) -------------------------- PETITIONER: ------------ BIJU JOHN, S/O JOHN, AGED 37 YEARS, THOTTUPURAM HOUSE, LALAM VILLAGE, PROPRIETOR, M/S RIOTECH INDUSTRIES, DOOR NO. 244/B, MINI INDUSTRIAL ESTATE, VALAVOOR P.O., PALA , KOTTAYAM DISTRICT. BY ADV. SMT.DAISY A.PHILIPOSE RESPONDENTS: ------------- 1. THE CIRCLE INSPECTOR OF POLICE, PALA, 2. THE SUB INSPECTOR OF POLICE, PALA 3. P.K. SIVAN, NELLANIKKATTUPARA COLONY, VALAVOOR P.O., PALA, PIN 686 635 4. SHAJU, NELLANIKKATTUPARA COLONY, VALAVOOR P.O., PALA, PIN 686 635 5. SALI, NELLANIKKATTUPARA COLONY VALAVOOR P.O., PALA, PIN 686 635 BY ADV. SRI.K.S.MADHUSOODANAN FOR R3 TO 5 GOVERNMENT PLEADER, SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.26143/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE LICENSE DT.11.7.2008, ISSUED TO THE PETITIONER BY THE DIRECTOR OF FACTORIES AND BOILERS. EXT.P2: COPY OF THE COMPLAINT DT.19.8.2008. EXT.P3: COPY OF THE IDENTITY CAR ISSUED BY THE ASSISTANT LABOUR OFFICER TO K.P.SASI. EXT.P4: COPY OF THE IDENTITY CARD ISSUED BY THE ASSISTANT LABOUR OFFICER TO K.S.AJI. EXT.P5: COPY OF THE IDENTITY CARD ISSUED BY THE ASSISTANT LABOUR OFFICER TOJOSE SEBASTIAN. EXT.P6: COPY OF THE IDENTITY CARD ISSUED BY THE ASSISTANT LABOUR OFFICER TO SUNILKUMAR M.G. EXT.P7: COPY OF THE IDENTITY CARD ISSUED BY THE ASSISTANT LABOUR OFFICER TO MAJO THOMAS. EXT.P8: COPY OF THE LETTER ISSUED BY THE ASSISTANT LABOUR OFFICER, PALA, TO THE PETITIONER. EXT.P9: COPY OF THE LETTER ISSUED BY THE JOINT DIRECTOR OF FACTORIES AND BOILERS, KOLLAM. EXT.P10: COPY OF THE PERMIT NO.T-3/2008 DT.23.1.2008 ISSUED BY THE JOINT DIRECTOR OF FACTORIES AND BOILERS, KOLLAM. RESPONDENT'S EXTS: EXT.R3(a): COPY OF THE CONCILIATION PETITION DT.22.8.2008. EXT.R3(b): COPY OF THE CONCILIATION NOTICE NO.564/2008 DT.4.9.2008 ISSUED BY THE ALO, PALA. //TRUE COPY// PA TO JUDGE. K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ------------------------------------- W.P.(C) No.26143 OF 2008 ------------------------------------ Dated this the 16th day of September, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner is running a small industrial unit in Mini Industrial Estate, Valavoor, Pala. He claims he has got headload workers with registration under the Kerala Headload Workers Act to do the loading and unloading work in his establishment. Their identity cards are produced as Exts.P3 to P7. While so, the respondents 3 to 5 headload workers came to the factory on 9.8.2008 and 19.8.2008 claiming work and caused obstruction to the functioning of the unit. The petitioner preferred Ext.P2 petition for police protection. Alleging that, the police did not extend any helping hand, this writ petition is filed. 2. The respondents 3 to 5 have filed a counter affidavit stating that the petitioner's unit was working since 2005 and the members of the local headload workers union including the respondents 3 to 5 were doing the loading and unloading work W.P.(C) No.26143/2008 2 by rotation. The total strength of the local workmen will come to 15, it is submitted. The present attempt of the petitioner is to deny employment to them and to induct fresh workmen. 3. The petitioner has filed a reply affidavit dealing with the above averment and also filed an additional affidavit. The petitioner would point out that for doing the loading and unloading work he was engaging his own workmen and only when there was additional requirement, he used to engage M/s.M.U.Unni and T.G.Jiji from the locality. 4. We think that the police cannot go into the above disputed questions regarding denial of employment raised by the workmen. The petitioner being the employer should be conceded freedom to run the establishment and if any obstruction is caused, the police is bound to remove the same. But, this will not affect the contentions or rights of the respondents 3 to 5 to establish their claim before the statutory forum under the Kerala Headload Workers Act and in that event the petitioner will be bound to go by those orders. Therefore, if W.P.(C) No.26143/2008 3 denial of employment is found as alleged by the workmen, the District Labour Officer under the Headload Workers Act can award backwages also. In the result, the writ petition is disposed of directing the 2nd respondent to grant protection, if the petitioner moves, pointing out any obstruction to the running of the unit by the local head load workers. This direction will be subject to any orders that are passed by the statutory authority under the Kerala Headload Workers Act. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps