IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 WP(C).No. 23362 of 2009(M) -------------------------- PETITIONERS: --------------- P.P.JAYAPRAKASH, MANAGING PARTNER, CORDIAL ENTERPRISES, VI/123B, THRITHALA PANCHAYAT, V.K.KADAVU ROAD, NHANGATHIRI-679311, PATTAMBI, PALAKKAD. BY ADV. SRI.P.VIJAYA BHANU SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENTS: --------------- 1. THE SUPERINTENDENT OF POLICE, PALAKKAD. 2. THE CIRCLE INSPECTOR OF POLICE, PATTAMBI, PALAKKAD. 3. THE SUB INSPECTOR OF POLICE, THRITHALA POLICE STATION, PATTAMBI, PALAKKAD. 4. C.I.T.U., SECRETARY, THOTTAPPAYA UNIT, NHANGATHIRI-679311, PATTAMBI, PALAKKAD. ADDL.R5. DISTRICT LABOUR OFFICER, CIVIL STATION, PALAKKAD. 6. ASSISTANT LABOUR OFFICER, MUNICIPAL BUILDING, SHORNUR. 7. HEAD LOAD WORKERS WELFARE BOARD, CIVIL STATION, PALAKKAD. (ADDL. R5 TO R7 IMPLEADED AS PER ORDER DT.25.1.10 IN I.A. 12498/09 IN WPC 23362/09) R1 TO R3 BY GOVT. PLEADER SHRI. T.K. VIPIN DAS ADV. SRI.P.K.MOHANAN (PALAKKAD) FOR R4 ADV. SRI.KOSHY GEORGE, SC, KHLWWB FOR ADDL.R7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1 PHOTOSTAT COPIES OF THE IDENTITY CARD ISSUED TO THE LABOURS (SRI. SUMESH, SREEJESH, SANTHOSHKUMAR, JAYAPRAKASH, SASI, SIVAN AND VINOD) BY THE LABOUR OFFICER, SHORNUR. EXT.P2 TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE SUPERINTENDENT OF POLICE, PALAKKAD DT.7.8.09. EXT.P3 TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE CIRCLE INSPECTOR OF POLICE, PATTAMBI DT.7.8.09. EXT.P4 TRUE COPY OF COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE SUB INSPECTOR OF POLICE, THRITHALA POLICE STATION DT.7.8.09. EXT.P5 TRUE COPIES OF RECEIPTS ISSUED BY THE OFFICE OF THE RESPONDENTS 1 TO 3. EXT.P6 TRUE COPY OF THE LEASE DEED EXECUTED BETWEEN THE PETITIONER 'DALMIA CEMENT' (BHARAT) LIMITED DT. 22.9.06. EXT.P7 TRUE COPY OF LEASE EXECUTED BETWEEN THE PETITIONER AND 'DALMIA CEMENT' DT.27.2.06. EXT.P8 TRUE COPY OF THE LETTER DT. 26.12.08 SENT BY 'DALMIA CEMENT' TO THE PETITIONER INFORMING ABOAUT THE CLOSURE OF THEIR GODOWN IN THE PETITIONER'S PREMISES. EXT.P9 TRUE COPY OF TAX INVOICE AND DELIVERY CHALAN DT. 4.7.2009. EXT.P9(a) TRUE COPY OF INVOICE NO.30 DT.1.8.09. EXT.P9(b) TRUE COPY OF TAX INVOICE AND DELIVERY CHALAN DT.19.8.09. EXT.P9(c) TRUE COPY OF TAX INVOICE DT.31.8.09. RESPONDENTS' EXTS: EXT.R4(a) TRUE COPY OF IDENTITY CARD TO THE 4TH RESPONDENT BY ASST. LABOUR OFFICER, SHORNUR. EXT.R4(b) TRUE COPY OF THE AGREEMENT EXECUTED BY THE PETITIONER AND 4TH RESPONDENT UNION. /TRUE COPY/ K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 23362 of 2009 M - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of February, 2010 JUDGMENT Joseph, J. The petitioner has approached this court seeking a direction to respondents 1 to 3 to protect the life and property of the petitioner and enable him to conduct the business without any interference from the 4th respondent's union and to direct the 4th respondent not to obstruct the lorries or the loading and unloading works being carried out by the registered workers of the petitioner. 2. Briefly the case of the petitioner is as follows. Petitioner is the Managing Partner of a firm carrying on business in cement, iron, steel, soft drinks, cosmetics, stationery, sugar and rice. Materials are brought and kept in the firm from W.P.(C).No. 23362 of 2009 2 different parts of the ration and supplied to the customers on their demand in their respective place. Such nature of work demands loading and unloading works. The petitioner has appointed some workers, who were registered under the Kerala Headload Workers Act and Rules. 3. Some Head load workers in Nhangatteri - Thottappaya locality, who belonged to CITU union, started obstructing the vehicles coming to the petitioner's firm and even entered into the premises of the firm and threatened the petitioner and other registered workers in the firm demanding 'nokkukooli'. The petitioner filed complaints before respondents 1 to 3, but they have not taken any action . Hence this writ petition. 4. The 4th respondent has filed a counter affidavit. The substance of the complaint raised in the counter affidavit is that the petitioner does not have any attached workers as claimed by him. They have filed an additional counter affidavit also. W.P.(C).No. 23362 of 2009 3 5. The Headload Workers' Welfare Board was impleaded as the 7th respondent, which has also filed a counter affidavit. They raised a contention on the basis of the alleged over writing. 6. The learned Government Pleader was asked to get instructions. The Assistant Labour Officer is present today before us. The learned Government Pleader submits that there is no over writing as alleged. In such circumstances it would appear to us that the petitioner is having his own registered Headload workers. If the 4th respondent has a dispute, it is open to the 4th respondent to take up the matter under Section 21 of the Kerala Headload Workers' Act. 7. Accordingly this Writ Petition is disposed of as follows. There will be a direction to respondents 1 to 3 to give adequate protection to the life and property of the petitioner and permit him to conduct his business without any interference from the members of the 4th respondent union. However, we make it clear that if the matter is taken up by the 4th respondent before appropriate authority under Section 21 of the Kerala Headload Workers' Act, a decision will be W.P.(C).No. 23362 of 2009 4 taken therein. The petitioner will co-operate in the matter. If it is found that the claim of the petitioner that he is having his own registered workers is incorrect, the petitioner will have to pay the charges which he would have paid to the workers and it will be open to the authority to recover the amount from the petitioner in accordance with law. It is also made clear that protection afforded will be only to enable the petitioner to carry out the work with the help of his workers, in respect of whom he has obtained registration under the Kerala Headload Workers' Act. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm