IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 21ST OCTOBER 2010 / 29TH ASWINA 1932 WP(C).No. 30056 of 2010(F) --------------------------------------------- PETITIONER(S): --------------------- K.K.SHAMSUDHEEN, S/O.MOIDEEN KOYA, AGED 43 YEARS, FIDHA, PAVANGAD, PUTHIYANGADI.P.O., KOZHIKODE DISTRICT. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S): ----------------------- 1. THE SUB INSPECTOR OF POLICE, ELATHOOR, KOZHIKODE DISTRICT. PIN: 669001. 2. DISTRICT HEADLOAD & GENERAL WORKERS UNION (INTUC), CHEROOTTI, KOZHIKODE – 669001, REPRESENTED BY ITS GENERAL SECRETARYM.P.JANARDHANAN. 3. MUTHIRAKKATHARAMMEL ABDU SAMAD, S/O.KUNHALI, COLONY, BEHIND HOMEO HOSPITAL, KANDANKULANGARA, ERANHIKKAL, KOZHIKODE DISTRICT. PIN:669004. 4. KUNNUMMEL SHAJI, S/O.KOYATTY, KUNNUMMEL HOUSE, KANDANKULANGARA, ERANHIKKAL, KOZHIKODE DISTRICT.PIN:669004. R1 BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS. ADV. SRI.P.P.JACOB FOR R2,3&4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.30056 OF 2010 F PETITIONER'S EXHIBITS; EXT.P1 TRUE COPY OF THE LICENCE NO.49/09-10 ISSUED TO THE FIRM MAYUR ENTERPRISES BY ELATHUR PANCHAYAT. EXT.P2 TRUE COPY OF IDENTITY CARD ISSUED BY THE LABOUR DEPARTMENT TO ABDUL SAMAD M.V., A REGISTERED WORKER OF THE PROPRIETORSHIP. EXT.P3 TRUE COPY OF IDENTITY CARD ISSUED BY THE LABOUR DEPARTMENT TO ABDUL SALAM, A REGISTERED WORKER OF THE PROPRIETORSHIP. EXT.P4 TRUE COPY OF IDENTITY CARD ISSUED BY THE LABOUR DEPARTMENT TO MUHAMMED ASHRAF, A REGISTERED WORKER OF THE FIRM PRIME COMMUNICATIONS. EXT.P5 TRUE COPY OF IDENTITY CARD ISSUED BY THE LABOUR DEPARTMENT TO MUNIYANDI, A REGISTERED WORKER OF THE FIRM, PRIME COMMUNICATIONS. EXT.P6 TRUE COPY OF COMPLAINT DATED 17.8.2010 FILED BY THE PETITIONE WITH THE 1ST RESPONDENT. EXT.P7 TRUE COPY OF THE LETTER DATED 19.8.2010 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //True copy// PS to Judge K.M. JOSEPH & M. C. HARI RANI, JJ. ----------------------------------------- W.P.(C).NO. 30056 OF 2010 F ------------------------------------------ Dated this the 21st October, 2010. JUDGMENT K.M. Joseph, J. Petitioner has approached this Court seeking the following reliefs: “i) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to grant adequate police protection for loading and unloading of goods which are brought into the compound wall of the business firms, Mayur Enterprises and Prime Communications situated in Buildings Nos.6/460 A to H, 6/456, 457, 460 E, F, G, H and 13/471 (14/353), Puthur, pavangad, Puthiyangadi PO, Kozhikode District by engaging the registered workers of the petitioner; ii) Declare that going by the relevant provisions of law, the petitioner's business firms can have their own registered workers for loading and unloading of goods within the compound walls of their business WP(C).NO.30056 OF 2010 F 2 firms and either the 2nd respondent or respondents 3 and 4 or any member of the 2nd respondent Union has no right in law to object to the same.” 2. Briefly put, the case of the petitioner is as follows: Petitioner is the proprietor of M/s. Mayur Enterprises and one of the active Partners of M/s. Prime Communications. In respect of M/s. Mayur Enterprises, even though it is mentioned in the Writ Petition that it is a scheme covered area, learned counsel for the petitioner points out that it is a mistake and it is not so. Anyway, it is not relevant, since the case of the petitioner is based on the existence of workers who have identity cards issued under Rule 26A of the Headload Workers' Act (Exts.P2 and P3). Petitioner is also one of the seven Partners of a Firm and in respect of the the said Firm, it has got two workers who are having Exts.P4 and P5 Identity Cards issued. Petitioner is being obstructed by the party respondents. Petitioner filed Ext.P6 complaint and not getting any response, he has approached this Court. 3. We have already passed an interim order dated 6.10.2010. We heard the learned counsel for the petitioner and the learned WP(C).NO.30056 OF 2010 F 3 counsel appearing on behalf of the party respondents. 4. Learned counsel for the party respondents points out that under the guise of the interim order, petitioner is carrying on loading and unloading work with the workers who are not having registration, that is to say, persons other than holders of Exts.P2 to P5 are doing loading and unloading work. 5. The Writ Petition is disposed of by making the interim order absolute. We, however, make it clear that police protection will not extend to carrying out of the work of loading and unloading through the help of any one other than persons having Exts.P2 to P5. Sd/= K.M. JOSEPH, JUDGE Sd/= M.C. HARI RANI, JUDGE kbk. //True copy// PS to Judge WP(C).NO.30056 OF 2010 F 4