IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 WP(C).No. 12464 of 2011(G) ------------------------------------------ PETITIONER(S): ------------------------ M/S.KVN IMPEX (P) LTD., V/1118-B & V/1118-C, KUTTIKKATTUKARA P.O., ALUPURAM, ELOOR, ERNAKULAM, 683 505, REPRESENTED BY ITS MANAGING DIRECTOR, M.K.RAMESH. BY ADVS. SRI.SIBY MATHEW, SRI.PHILIP J.VETTICKATTU, SRI.B.PREMNATH (E). RESPONDENT(S): -------------------------- 1. THE GENERAL WORKERS UNION, AITUC, REG.NO.226/83, ALUPURAM, KUTTIKKATTUKARA, REPRESENTED BY ITS SECRETARY, PIN-683 505. 2. SUB INSPECTOR OF POLICE, ELOOR, PIN-683 504. 3. CIRCLE INSPECTOR OF POLICE, NORTH POLICE STATION, ERNAKULAM, PIN-682 018. 4. THE HEADLOAD WORKERS WELFARE FUND BOARD, S.R.M.ROAD, ERNAKULAM, PIN-682 018, REPRESENTED BY ITS SECRETARY. R1 TO R3 BY GOVERNMENT PLEADER R4 BY ADV. ADV. SRI.KOSHY GEORGE, SC, KHLWWB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.12464/2011 G APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF INTERIM ORDER DTD. 19/11/2009 IN WPC.NO.33261/2009 OF THIS HON'BLE COURT. P2: COPY OF JUDGMENT DTD. 3/12/2009 IN WPC.NO.33261/2009 OF THIS HON'BLE COURT. P3: COPY OF PROCEEDINGS OF ASST.LABOUR OFFICER, NORTH PARAVUR. P4: COPY OF IDENTITY CARD ISSUED TO THE PERMANENT WORKER OF THE PETITIONER, MR. VINOD KUMAR. P4(A): COPY OF IDENTITY CARD ISSUED TO THE PERMANENT WORKER OF THE PETITIONER, MR. PREMAN. P4(B): COPY OF IDENTITY CARD ISSUED TO THE PERMANENT WORKER OF THE PETITIONER, MR. RAJESH. P5: COPY OF NOTICE AND RETURNS FILED BY THE PETITIONER IN RESPECT OF THE COMPANY AS WELL AS 3 PERMANENT WORKERS. P6: COPY OF REPRESENTATION DTD. 17/04/2011 SUBMITTED BY THE PETITIONER BEFORE RESPONDENTS 2 & 3. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.12464 of 2011 ------------------------------- Dated this the 19th day of July, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. This writ petition seeks directions to respondents 2 and 3, officials of the police to grant police protection for the loading and unloading workers in the petitioner's newly constructed additional godown at Kuttikkattukara, Aluva, without any obstruction from the members of the 1st respondent Union. The 1st respondent Union was served with notice and there is no appearance for them. While this writ petition was admitted, this Court issued an interim order as prayed for, granting interim police protection subject to condition that the petitioner company shall employee only workers registered under Rule 28 A of the Kerala Head Load Workers Rules. Mr.Philip J.Vettickattu, counsel for the petitioner submitted that the petitioner company will employ only registered workers in those areas 2 W.P.(C) No.12464 of 2011 which is covered by the Head Load Workers Scheme. We record the above submission. Hence the interim order dated 19.4.2011 is made absolute. The writ petition is disposed of in view of the interim order. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/