IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 WP(C).No. 4184 of 2011(W) ------------------------ PETITIONER : -------------------- SATHEESAN.K., S/O.KUMARAN, AGED 33 YEARS, PROPRIETOR, S.K.PRODUCTIONS AND TRADERS, MAYANNUR, THRISSUR, RESIDING AT KUNNATH HOUSE, MAYANNUR, KONDAZHY PANCHAYATH, THRISSUR DISTRICT. BY ADV. SRI.C.A.CHACKO RESPONDENT(S): ------------------------- 1. THE SUPERINTENDENT OF POLICE, THRISSUR, PIN - 680 001. 2. THE S.I.OF POLICE, PAZHAYANNOOR POLICE STATION, THRISSUR DISTRICT-680 587. 3. THE ASSISTANT LABOUR OFFICER, WADAKKANCHERRY-680 582. 4. THE SECRETARY, INTUC UNION, CHIRANKARA-MAYANNUR UNIT, MAYANNUR, THRISSUR-679 105. 5. THE SECRETARY, CITU UNION, CHIRANKARA-MAYANNUR UNIT, MAYANNUR, THRISSUR-679 105. R1 TO R3 BY GOVT. PLEADER SRI. JAIBY PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 4184 of 2011(W) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE CERTIFICATE ISSUED BY DISTRICT INDUSTRIES CENTRE TO THE PETITIONER. EXT.P2 : COPY OF THE LICENSE ISSUED BY THE KONDAZHY GRAMA PANCHAYATH TO THE PETITIONER. EXT.P3 : COPY OF I.D. CARDS OF THE PETITIONER'S WORKERS. EXT.P4 : COPY OF THE JUDGMENT DATED 17.12.2010 IN WP(C) NO. 37521/2010 OF THIS HON'BLE COURT. EXT.P5 : COPY OF THE REPRESENTATION DATED 3.2.2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.4184 of 2011 ------------------------------------------- Dated this the 8th March, 2011 JUDGMENT Basant, J. The petitioner has come to this Court with this petition for issue of directions under Article 226 of the Constitution to respondents 1 and 2 to afford police protection to the petitioner for the peaceful carrying on of the loading and unloading work in his establishment against illegal obstruction/objections raised by respondents 4 and 5. Respondent No.3 is the Assistant Labour Officer having jurisdiction over the area. 2. According to the petitioner, the area in question is a scheme covered area. The learned Government Pleader expressed reservation on that assertion. Be that as it may, the case of the petitioner is that he has three attached permanent workmen of his, registered under Rule 26A of the Kerala Headload Workers Rules. The petitioner is entitled to get the work done with those registered workmen. Respondents 4 and 5 have absolutely no WPC No.4184 of 2011 2 jurisdiction to object to the work of loading and unloading in the establishment of the petitioner being performed by those three registered workmen shown in Ext.P3. It is in these circumstances prayed that adequate protection may be ordered. 3. This petition was filed on 8.2.2011. When the matter came up for hearing on 9/2/2011, interim order was passed as prayed for, for a period of four weeks. 4. Service is now complete. Respondents 4 and 5 have been served. They have not chosen to enter appearance. The learned Government Pleader on behalf of the third respondent submits that the petitioner is entitled to get the work of loading and unloading work in his establishment performed by the three attached registered workers shown in Ext.P3. The learned Government Pleader further submits that the police is affording adequate protection for the petitioner in terms of the interim order dated 9.2.2011. Such protection shall be afforded in future also, submits the leaned Government Pleader. 5. In the light of the stand taken by the learned WPC No.4184 of 2011 3 Government Pleader and in the absence of any objections raised by respondents 4 and 5, we accept the request of the petitioner that the interim order can be made absolute and this writ petition and further proceedings in this writ petition can now be discontinued. 6. In the result; a) This petition is allowed. b) Direction is issued to respondents 1 and 2 to afford adequate police protection for the petitioner to get the work of loading and unloading in his establishment done by his registered attached workers, i.e.three workers shown in Ext.P3. It is made clear that this judgment shall not entitle the petitioner to employ any workers other than the said three workers. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/