IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 WP(C).No. 23573 of 2010(V) -------------------------------------- PETITIONER(S): ----------------------- SKY STAR WONDER WORLD, OPP ADAM BAZAR, RICE BAZAR ROAD THRISSUR- 680 001, REP BY ITS MANAGING PARTNER RAJEEV JOSEPH. BY ADV. SRI.DEEPU THANKAN, SMT.G.RANJITA, SRI.KOSHY GEORGE. RESPONDENT(S): ------------------------ 1. SUB INSPECTOR OF POLICE, TOWN EAST POLICE STATION, THRISSUR, THRISSUR TOWN EAST P.O., 680 001. 2. T.V. JOSE, POOL LEADER CITU AMI POOL. RICE BAZAR ROAD, THRISSUR DISTRICT, THRISSUR TOWN EAST P.O., 680 001 3. TIMI MATHEW, POOL LEADER BMS AMI POOL. RICE BAZAR ROAD, THRISSUR DISTRICT THRISSUR TOWN EAST P.O., 680 001 4. SAJO K JOHNSON POOL LEADER CITU, 3 B POOL, RICE BAZAR ROAD, THRISSUR DISTRICT. THRISSUR TOWN EAST P.O., 680 001. *ADDL. R5 IMPLEADED ADDL. R5: THE HEAD LOAD WORKERS WELFARE BOARD, DISTRICT COMMITTEE, THRISSUR, REPRESENTED BY ITS CHAIRMAN. *ADDL. R5 IS IMPLEADED AS PER ORDER IN I.A.NO.10957/2010 DATED 05/08/2010. WP(C) NO. 23573/2010-V **ADDL. R6 & R7 IMPLEADED ADDL. R6: CIRCLE INSECTOR OF POLICE, TOWN EAST POLICE STATION, THRISSUR. ADDL. R7: SUPERINTENDENT OF POLICE, THRISSUR DISTRICT. **ADDL. R6 & R7 ARE IMPLEADED AS PER ORDER IN I.A.NO.10987/2010 DATED 05/08/2010. R1, ADDL.R6 & R7 BY GOVT. PLEADER MR.T.K. VIPINDAS. R2 & R3 BY ADV. SRI.N.NAGARESH. R4 BY ADV. SRI.V.P.PRASAD. ADDL. R5 BY ADV. MR.KOSHY GEORGE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 23573/2010-V APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE ASSISTANT LABOUR OFFICER, THRISSUR DATED 23/06/2010. EXT.P2: COPY OF THE LICENCE ISSUED BY THE THRISSUR CORPORATION DATED 20/07/2010. EXT.P3: COPY OF THE IDENTITY CARD ISSUED TO THE WORKERS OF THE PETITIONER. EXT.P4: COPY OF THE COMPLAINT SUBMITTED TO THE 1ST RESPONDENT DATED 21/07/2010. EXT.P5: COPY OF THE PHOTOGRAPH TAKEN BY THE PETITIONER ON 02/08/2010. EXT.P6: COPY OF THE NEWS ITEM APPEARED IN MATHRUBHUMI DAILY ON 03/08/2010. RESPONDENT'S EXHIBITS: EXT.R2(a): COPY OF THE APPEAL DATED 29/07/2010 FILED RULE 26 C OF THE KERALA HEADLOAD WORKERS RULES. EXT.R2(b): COPY OF THE ORDER DATED 10/08/2010 OF THE DISTRIT LABOUR OFFICER, THRISSUR. EXT.R4(a): COPY OF THE DISTRICT LABOUR OFFICER DATED 10/08/2010. EXT.R5(a): COPY OF THE ORDER OF THE DISTRICT LABOUR OFFICER DATED 10/08/2010. //TRUE COPY// P.S. TO JUDGE rs K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ W.P.(C) No.23573 of 2010-V ---------------------------------------------- Dated, this the 30th day of November, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court complaining of the inaction on the part of the Ist respondent to give adequate protection to the petitioner for carrying out the loading and unloading work with the help of registered workers of the petitioner from the obstruction by respondents 2 to 4 and their union members and also for a direction to the Ist respondent to take action on Ext.P4 complaint. 2. We heard the learned counsel for the parties. It is not in dispute that the petitioner had obtained Ext.P3 series of cards. It is also not in dispute that appeal is filed before the statutory authority, and, finally the matter reached this Court. This Court by the judgment in the writ petition has directed the appeal to be disposed of. It is not in dispute that, as of now, Ext.P3 series cards are in tact. In such circumstances, as long as the petitioner has registered workers there cannot be any obstruction. Therefore, we WPC 23573/2010 -2- direct that if there is any complaint of obstruction by respondents 2 to 4 when the petitioner is doing loading and unloading work by utilising the workers having Ext.P3 series cards, the Ist respondent will look into the same and if the complaint is found to be genuine, he shall afford necessary protection to the petitioner for carrying out the loading and unloading work by utilising the workers having Ext.P3 series cards. Necessarily, if the order passed by the appellate authority is adverse to the petitioner and the issuance of cards are interfered with and cards are set aside, this order will automatically stands recalled. All pending interlocutory applications are closed. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS