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 11TH NOVEMBER 2010 / 20TH KARTHIKA 1932 WP(C).No. 33390 of 2010(W) -------------------------- PETITIONER: ------------------ P.M.KUNJU BAVA, MANAGING DIRECTOR, J.B.S. INTERMIX AND RUBBER PRODUCTS PVT.LTD., INDUSTRIAL DEVELOPMENT AREA, MUPPATHADAM, ALUVA. PIN-683 110, (S/O.HYDROSEKUTTY, RESIDING AT PALLATHUKADAVIL HOUSE, PANAIKULAM.P.O, ALUVA. PIN-683 511. BY ADVS. SMT.JEBI MATHER HISHAM SMT.M.M.FATHIMA JALEENA SRI.CHRISTOPHER ABRAHAM SRI.K.A.HAZAN SRI.K.P.WILSON RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR DEPARTMENT, THIRUVANANTHAPURAM, PIN 695 001. 2. ASSISTANT LABOUR OFFICER, N.PARUR, PIN 683 513. 3. THE CIRCLE INSPECTOR OF POLICE, ALUVA POLICE STATION, ALUVA, PIN 683 101 683 101. 4. THE SUB INSPECTOR OF POLICE, BINANIPURAM POLICE STATION, BINANIPURAM, PIN 683 502. 5. THE CHAIRMAN, KERALA HEAD WORKERS WELFARE FUND BOARD, ERNAKULAM DISTRICT COMMITTEE, ERNAKULAM MARKET, KOCHI-35. WP(C).No. 33390 of 2010(W) ------------------------------------------ 2- 6. THE SECRETARY, ALUVA MEKHALA GENERAL WORKERS ASSOCIATION, INTUC, MUPPATHADAM SOUTH, MUPPATHADAM.P.O., ALUVA. 683 110. 7. THE SECRETARY, ERNAKULAM JILLA HEAD LOAD AND GENERAL WORKERS UNION, CITU, MUPPATHADAM SOUTH, MUPPATHADAM.P.O., ALUVA. 683 110. 8. SRI.K.K.SIJU, THE POOL LEADER, POOL NO. 33 UNDER THE KERALA HEAD LOAD WORKERS WELFARE BOARD SUB COMMITTEE ALUVA, MUPPATHADAM, MUPPATHADAM.P.O., ALUVA. 683 110. R1 TO 4 BY GOVERNMENT PLEADER, SRI.VIPINDAS R5 BY ADV. SRI.KOSHY GEORGE, SC, KHLWWB R6 & R7 BY SRI.DINESH MATHEW J.MURICKEN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 33390 of 2010(W) --------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS ----------------------------------- EXT.P1. : COPY OF THE CERTIFICATE OF REGISTRATION NO.144923 DATED 03.02.2010 OF COMMERCIAL TAX OFFICER. EXT.P2(A): COPIES OF THE APPLICATIONS DATED 05.07.200 OF SHIHAB AND TWO TO (C) OTHERS TO THE ASST. LABOUR OFFICER. EXT.P3(A) : COPIES OF THE RELEVANT PAGES OF REGISTERS & (B) EXT.P4. : COPY OF THE ORDER NO.H.L.417/2010 DATED 27/08.2010 ISSUED BY THE ASST. LABOUR OFFICER, N.PARUR. EXT.P5. : COPIES OF THE THREE IDENTITY CARDS ISSUED BY THE ASST. LABOUR (A)TO(C) OFFICER N. PARUR. EXT.P6. : COPIES OF PURCHASE BILL RAW MATERIALS EXT.P7. : COPIES OF THE SALES INVOICE. EXT.P8. : COPIES OF APPLICATIONS DATED 04.09.2010 FILED BY (A)(B)&(C) SAKKANNUJUMAN AND TWO OTHERS. EXT.P9. : COPY OF THE PETITION DATED 01.11.2010 SUBMITTED BEFORE THE SUB INSPECTOR OF POLICE. RESPONDENTS EXHIBITS: -------------------------------------- EXT.R6(B). COPY OF THE COMPLAINT LODGED BY THE 6TH AND 7TH RESPONDENTS BEFORE THE DISTRICT LABOUR OFFICER, ERNAKULAM, DATED 2.11.10. EXTR6(B). COPY OF THE APPEAL FILED BY THE 5TH RESPONDENT BEFORE THE DISTRICT LABOUR OFFICER, DATED3.11.10. P.A. TO JUDGE / TRUE COPY / VK K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.33390 of 2010 ---------------------------------------- Dated this the 11th day of November 2010 J U D G M E N T K.M.JOSEPH,J The petitioner has approached this Court seeking police protection for doing loading and unloading work. According to him, he is doing loading and unloading work by employing persons having registration as is evident from Exts.P5(a) to P5 (c). According to the petitioner, further the petitioner has got two other workers who have applied for registration. The registration is yet to be granted. 2. The learned counsel for the party respondents would contend that in the guise of the interim order which we have already passed granting protection for doing loading and unloading work through persons having Exts.P5(a) to P5(c), persons without identity cards are doing loading and unloading work. It is further submitted that work is being done behind the closed doors and the police is not doing anything to comply the order of this Court. W.P.C.No. 33390 of 2010 2 3. The learned counsel for the petitioner would further submit that under Rule 26A of the Kerala Head Load Workers Rules, persons who claim employment under a particular employer should do head load work for that employer and that application should be enquired into, considered and a decision taken. 4. On the contrary, the learned counsel for the party respondents and the learned counsel for the Board would point out that all that is required under Rule 26A is that the person should be able bodied and willing to do work for the particular employer. We do not think, we should go into that question as we are limiting the grant of police protection in the exercise of the discretionary jurisdiction to persons having Exts.P5(a) to P5 (c) identity cards alone. 5. This writ petition is disposed of in terms of the interim order. We further make it clear that the petitioner cannot do loading and unloading work except through persons having Exts.P5(a), P5(b) and P5(c) identity cards and it is to be ensured that the petitioner does not do loading and unloading work through anyone else except the registered workers. This aspect W.P.C.No. 33390 of 2010 3 will be borne in mind by the police officer who is directed to give protection. So also, it is open to the officers of the second respondent to make surprise inspections from time to time to ensure that the order is complied with. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No. 33390 of 2010 4 W.P.C.No. 33390 of 2010 5 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010