IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 WP(C).No. 2418 of 2011(B) ------------------------- PETITIONER(S): --------------- V.J.JAMES, MANAGING PARTNER, HOTEL `ARMANI', MUNDAKAYAM P.O., KOTTAYAM DISTRICT. BY ADV. SRI.GEORGEKUTTY MATHEW RESPONDENTS: --------------- 1. THE SUPERINTENDENT OF POLICE, KOTTAYAM, KOTTAYAM DISTRICT-686 001. 2. THE SUB INSPECTOR OF POLICE, MUNDAKAYAM POLICE STATION, MUNDAKAYAM P.O., KOTTAYAM DISTRICT-686 513. 3. THE C.I.T.U, MUNDAKAYAM UNIT, REPRESENTED BY ITS SECRETARY, MUNDAKAYAM P.O., KOTTAYAM DISTRICT-686 513. 4. THE I.N.T.U.C, MUNDAKAYAM UNIT, REPRESENTED BY ITS SECRETARY, MUNDAKAYAM P.O., KOTTAYAM DISTRICT-686 513. 5. THE A.I.T.U.C, MUNDAKAYAM UNIT, REPRESENTED BY ITS SECRETARY, MUNDAKAYAM P.O., KOTTAYAM DISTRICT-686 513. ADV. SRI.LIJI.J.VADAKEDOM FOR R5 GOVT.PLEADER, SMT.CHARISHMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE PETITION DT.19.1.2011 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH RECEIPT. //TRUE COPY// PA TO JUDGE THOTTATHIL B. RADHAKRISHNAN & P.S.GOPINATHAN, JJ. -------------------------------------- W.P.(C).No.2418 OF 2011 -------------------------------------- Dated this the 8th day of February, 2011 J U D G M E N T ~~~~~~~ Thottathil B. Radhakrishnan, J. The petitioner says that he is in the process of establishing a hotel. He seeks police protection on the premise that obstruction is being caused for unloading goods for the purpose of the hotel. The 5th respondent has filed counter affidavit. In spite of the order dated 1.2.2011, there is no application for impleadment of the Kerala Head Load Workers Welfare Fund Board. The provisions of the Kerala Head Load Workers Welfare Fund Act provide preference for workers registered under the Scheme in terms of that Act in areas which are covered by the Schemes. The uncontroverted version of the 5th respondent is that the area in question is covered by the Scheme. Therefore, any activity referable to the schedule to that Act has necessarily to be carried out through the registered workers unless the petitioner has permanent workers, who have obtained registration under the Head Load Workers W.P.(C) No.2418/2011 2 Welfare Act and Scheme. The question of excluding any particular activity relatable to exclusion of sophisticated and delicate materials has to be decided on a case to case basis and such exemption has necessarily to be regulated by the Local Labour Officer, who has jurisdiction over the area. It cannot be decided by the High Court, at any rate, on a disputed question of facts. Hence, leaving open the petitioner's remedy to seek relief in that regard from the competent authority having jurisdiction over the area for the purpose of enforcement of the provisions of the Kerala Head Load Workers Act and Scheme thereunder, this Writ Petition is ordered directing that in the event of such decision being taken by the authority the police officers will ensure that it is honoured. Writ Petition ordered accordingly. (THOTTATHIL B. RADHAKRISHNAN, JUDGE) (P.S.GOPINATHAN, JUDGE) ps