IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 17TH FEBRUARY 2011 / 28TH MAGHA 1932 WP(C).No. 4012 of 2011(B) ------------------------- PETITIONER(S): --------------- K.K.PRADEEP, EXECUTIVE PARTNER, M/S. BEST ENGINEERING CO., "SUNLAY" BUILDING, 19/1996 A & B ROOMS, (NEW NO.37/3257), MADHAVAN NAIR ROAD, CHALAPURAM, CALICUT-2. BY ADV. SRI.N.NAGARESH SRI.SHAJI THOMAS PORKKATTIL SRI.BINU PAUL SRI.T.V.VINU RESPONDENT(S): --------------- 1. CIRCLE INSPECTOR OF POLICE, KASABA POLICE STATION, JAIL ROAD, KOZHIKODE-673 004. 2. SUB INSPECTOR OF POLICE, KASABA POLICE STATION, JAIL ROAD, KOZHIKODE-673 004. 3. CHAIRMAN, HEADLOAD WORKER'S WELFARE BOARD, CHEROOTY P.O., CHEROOTTY ROAD, KOZHIKODE-673 001. 4. SECRETARY, DISTRICT HEADLOAD WORKERS UNION (CITU), ANNIE HALL ROAD, KOZHIKODE P.O., PIN-673 002. 5. ASSISTANT LABOUR OFFICER, KOZHIKODE CIRCLE-II, CIVIL STATION P.O., KOZHIKODE-673 020. R1, R2, R5 BY GOVT, PLEDER SRI.T.K.VIPINDAS R3 BY ADV. SRI.KOSHY GEORGE, SC, KHLWWB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P(C).4012/11 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE REGISTRATION CERTIFICATE NO.852 DATED 22.4.09 ISSUED BY THE 4TH RESPONDENT. EXT.P2: TRUE COPIES OF IDENTITY CARDS ISSUED BY THE 5TH RESPONDENT UNDER RULE 26A OF THE KERALA HEADLOAD WORKERS RULES, 1981. EXT.P3: TRUE COPY OF THE INTERIM ORDER DATED 8.7.2009 IN W.P(C). 19115/09 OF THISI HON'BLE COURT. EXT.P4: TRUE COPY OF the LETTER DATED 11.1.2011 ADDRESSSED TO THE 2ND RESPONDENT. EXT.P5: TRUE COPY OF THEREGISTRATION CERTIFICATE NO.831/09 DATED 3.6.09 ISSUED BY THE 5TH RESPONDENT. EXT.P6: TRUE COPY OF THE LETTER DATED 14.1.2011 SUBMITTED TO THE 5TH RESPONDENT. EXT.P7: TRUE COPY OF THE COMPLAINT DATED 20.1.2011 SUBMITTED TO THE 2ND RESPONDENT. EXT.P8: TRUE COPY OF the LETTER DATED 20.1.2011 SUBMITTED TO THE 3RD RESPONDENT. EXT.P9: TRUE COPY OF THE LETTER DATED 22.1.2011 SUBMITTED TO THE 5RH RESPONDENT. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. ----------------------------------- W.P(C).No.4012 OF 2011 ------------------------------------ Dated this the 17th day of February, 2011 JUDGMENT Thottathil B.Radhakrishnan,J. The petitioner has permanent workers who have been issued identity cards with registration under the Kerala Headload Workers Act. This means that the petitioner is entitled to get his works done through them even in a scheme covered area. The only requirement would be that any person being engaged from outside has to be those who have also registration under the Act. We, accordingly, order that the petitioner will be provided adequate protection for carrying out the work of his establishment utilising his permanent workmen who have registration under the Kerala Headload Workers Act. This order will apply to the shifted establishment which is stated to be housed in the new address 'Sunlay ' Building, 19/1996 A & B Rooms (New No.37/3257), WPC.4012/11 2 Madhavan Nair Road, Chalapuram, Calicut. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- S.S.SATHEESACHANDRAN, Judge. kkb.18/2.