IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 WP(C).No. 16806 of 2009(U) -------------------------- PETITIONER(S): --------------- 1. MARTIN A.J., AGED 41 YEARS, S/O.LATE A.R.JOSEPH, PROPRIETOR, M/S.JAYEM AGENCIES, RESIDING AT 41/2064, KALABAVAN ROAD, KOCHI-18. 2. AMSTRONG SEBASTIAN, MATTUNGAL HOUSE, KARUMALLUR P.O., MANJALY, N.PARAVUR. 3. BINEESH K.V., KARUPPUMTHODO HOUSE, VAKERY P.O., SULTHAN BATHERY, WAYANAD. 4. ELDHO ALIAS, PUTHURAN HOUSE, POIKATTUSSERY, CHENGAMANAD, ALWAYE. 5. V.X.ANTONY, VALLARPPALLY HOUSE, CHETTIMUKKU, RAJAGIRI P.O., KOCHI. 6. JABBAR P.A., PULIKKAYATH HOUSE, VADACODE P.O., KANGARAPPADY, KOCHI-21. BY ADV. SRI.P.K.IBRAHIM SRI.C.N.GOPAKUMAR RESPONDENT(S): --------------- 1. THE ASST. COMMISSIONER OF POLICE, THRIKKAKKARA. 2. THE SUB INSPECTOR OF POLICE, THRIKKAKKARA. 3. THE ASST. LABOUR OFFICER, ERNAKULAM, 2ND CIRCLE, KOCHI-30. W.P.(C) No.16806 of 2009 : 2 : 4. THE POOL LEADER, POOL NO.22, HEADLOAD WORKERS WELFARE FUND BOARD, KALAMASSERY LOCAL COMMITTEE, HMT COLONY ROAD, KALAMASSERY. 5. THE HEADLOAD WORKERS WELFARE FUND BOARD, KALAMASSERY LOCAL COMMITTEE, TD ROAD, ERNAKULAM, KOCHI-18, REP. BY ITS CONVENOR. BY GOVT. PLEADER SRI.P.A.SALIM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.BHAVADASAN, JJ. ------------------------------- W.P.(C) No.16806 of 2009 ------------------------------- Dated this the 18th June, 2009 J U D G M E N T Raman, J. The petitioner is a C&F Agent and doing the business in the name, 'M/s.Jayem Agencies'. The agency business includes the goods of various types of Samsung India Electronics Pvt. Ltd. In connection with this business, he had 10 permanent employees. He applied for their registration, registration was granted in respect of five of them and as regards the remaining five employees, consideration was deferred for further evidence. That is evident by Ext.P3. Since the petitioner is not in a position to carry on loading and unloading operation connected with the business with the five permanent employees for whom registration is granted, he is engaging the remaining five also as they are permanent workers. But the 4th respondent is causing obstruction to the same. Hence, this writ petition. W.P.(C) No.16806/2009 2 2. The learned standing counsel appearing for the fifth respondent, The Headload Workers Welfare Fund Board, was heard in the matter. 3. Prima facie, we are of the view that remaining five permanent workers, who are on the rolls of the establishment, whose application for registration is pending consideration, cannot be obstructed from doing their work . 4. In the circumstances, we direct respondents 1 and 2 to give necessary protection for removal of the obstruction, if any, caused in carrying out the loading and unloading operation with the permanent workers attached to the establishment, including the five workmen whose applications for registration are under consideration by the third respondent. The third respondent is directed to take a final decision in the matter, as expeditiously as possible, within a period of three weeks from today. It is made clear that the right, if any, of the fourth respondent will not be affected by this judgment and that is a matter which third respondent has to consider. W.P.(C) No.16806/2009 3 5. Copy of the judgment shall be produced by the petitioner before the third respondent for his information and compliance as also to the first respondent. A memo shall also be filed by the counsel appearing for the petitioner herein for service of the judgment before the respective authorities. The writ petition is disposed of as above. P.R.RAMAN, JUDGE P.BHAVADASAN , JUDGE. nj.