IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 WP(C).No. 23402 of 2009(U) --------------------------------------- PETITIONER: ------------------- A.V.ELDHOSE, LEADER, POOL NO.178, PERUMBAVOOR LOCAL COMMITTEE OF KERALA HEADLOAD WORKERS WELFARE FUND, PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADV. MR.ASOK M.CHERIAN. RESPONDENTS: ------------------------ 1. THE SUB INSPECTOR OF POLICE, KURUPPAMPADY. 2. THE CIRCLE INSPECTOR OF POLICE, KURUPPAMPADY. 3. PERUMBAVOOR LOCAL COMMITTEE OF KERALA HEADLOAD WORKERS WELFARE BOARD, REPRESENTED BY ITS CHAIRMAN, PERUMBAVOOR. 4. THE DISTRICT LABOUR OFFICER, ERNAKULAM. 5. M.K.ROY, SECRETARY, HEADLOAD AND GENERAL WORKERS UNION (INTUC), REGISTER NO.07-5/93, CHERUKUNNAM - POOMALA UNIT, ASAMANNUR P.O., ERNAKULAM. 6. M.A.JOSEPH, PRESIDENT, KERALA HEADLOAD AND GENERAL WORKERS UNION (HMS), ASAMANNUR P.O., ERNAKULAM. R1, R2 & R4 BY SR.GOVT. PLEADER SMT. M.K. PUSHPALATHA, R3 BY MR.KOSHY GEORGE, SC, KHLWWB, R5 & R6 BY ADVS. MR.C.S.AJITH PRAKASH, MR.T.D.SALIM, MR.PAUL C THOMAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.23402/2009-U: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE ISSUED BY THE R.3. SHOWING AREA OF OPERATION OF THE HEADLOAD WORKERS POOLED IN POOL NO.178. EXT.P.2: COPY OF THE LETTER OF THE R.3. ADDRESSED TO THE R.2. DTD. 16/07/2009. EXT.P.3: A LIST OF PERSONS TO WHOM REGISTRATION UNDER THE RULE 26A OF THE RULES IS UNAUTHORISEDLY GRANTED BY THE ASSISTANT LABOUR OFFICER. EXT.P.4: COPY OF THE JUDGMENT OF THE HONOURABLE HIGH COURT OF KERALA IN WRIT PETITION (CIVIL).NO.20678/09 DTD. 23/07/2009. EXT.P.5: COPY OF THE REPRESENTATION DTD. 10/08/2009 SUBMITTED BY THE PETITIONER BEFORE R.1. EXT.P.6: COPY OF THE LETTER OF THE DISTRICT EXECUTIVE OFFICER OF KERALA BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE BOARD, DTD. 05/08/2009, ADDRESSED TO THE PETITIONER IN RESPONSE TO HIS APPLICATION UNDER RIGHT TO INFORMATION ACT. EXT.P.7: COPY OF THE LETTER OF THE WELFARE FUND OFFICER OF KERALA AGRICULTURAL WORKERS WELFARE FUND BOARD, DTD. 28/09/2009 ADDRESSED TO ONE SRI. K.P. ASOKAN IN RESPONSE TO HIS APPLICATION UNDER RIGHT TO INFORMATION ACT. EXT.P.8: COPY OF THE LETTER OF ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, KURUPAMPADY, DTD. 05/08/2009 ADDRESSED TO THE PETITIONER IN RESPONSE HIS APPLICATION UNDER RIGHT TO INFORMATION ACT. EXT.P.9: COPY OF THE LETTER FROM THE R.3. DTD. 08/06/2009 ADDRESSED TO THE PETITIONER IN RESPONSE TO THE PETITIONER'S APPLICATION UNDER RIGHT TO INFORMATION ACT WITH ANNEXURE RESPONDENTS' EXHIBITS: EXT.R5.A: COPY OF THE LETTER, DTD. 12/11/2008 FORWARDING THE APPLICATION FOR REGISTRATION BY THE UNION. EXT.R5.B: COPY OF THE LIST OF WORKERS, WHO OBTAINED 26A CARDS, BELONGS TO CITU UNION. EXT.R5.C: COPY OF THE PROCEEDINGS DTD. 1/10/2007 BY THE ASSISTANT LABOUR OFFICER, PERUMBAVOOR. EXT.R5.D: COPY OF THE LETTER ISSUED BY THE CONVENER OF THE WELFARE BOARD TO THE PRESIDENT INTUC UNION. EXT.R5.E: COPY OF THE ORDER OF THE APPELLATE AUTHORITY IN APPEAL NO.1878/2009 DTD. 13/04/2009. EXT.R5.F: COPY OF THE MEMORANDUM SUBMITTED BY THE MEMBERS OF MILK SOCIETY, PERUMBAVOOR TO THE ALO, PERUMBAVOOR. W.P.(C). NO.23402/2009-U: EXT.R5.G: COPY OF THE JUDGMENT IN W.P.(C).NO.9603/2009 DTD. 26/03/2009. EXT.R5.H: COPY OF THE JUDGMENT IN W.P.(C).NO.7750/2009 DTD. 19/03/2009. EXT.R5.I: COPY OF THE HEARING NOTICE DTD. 23/06/2009. EXT.R5.J: COPY OF THE APPEAL PETITION FILED BY THE WRIT PETITIONER BEFORE THE DISTRICT LABOUR OFFICER. EXT.R5.K: COPY OF THE FIR REGISTERED AGAINST THE WRIT PETITIONER. EXT.R5.L: COPY OF THE COMPALINT SUBMITTED TO THE DY.SP, PERUMBAVOOR PRODUCED IN W.P.(C).NO.7841/2009. //TRUE COPY// P.S. TO JUDGE. Prv. P.R.RAMAN & P.S.GOPINATHAN, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 23402 of 2009 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 13th day of January, 2010 JUDGMENT Raman, J. Petitioner is a head load worker said to be registered under the Kerala Headload Workers Act and Kerala Headload Workers (Regulation of Employment and Welfare) Scheme. He seeks police protection alleging obstruction caused by 5th respondent and similarly situated registered workers attached to the 5th respondent. No specific instance of such illegal obstruction is made in the writ petition. There is only a vague averment that all the works were obstructed by respondents 5 and 6. It does not infuse a confidence to be accepted. That apart question is whether person like respondents 5 and 6 are entitled to do work in the area is a matter covered by decision of this Court. Therefore, that will W.P.(C) No. 23402/09 2 take its own course subject to finality being reached in case any writ petition is still pending before this Court. However, it is pointed out by the learned counsel for the 5th respondent that similar writ petitions filed earlier were disposed of by this Court by Exts.R5(g) and (h) judgments and this fact has been suppressed in the writ petition. Placing reliance of a decision of a Single Bench of this Court reported in Marakkar V. Government of Kerala (1998(2) KLT 920, it is contended that as contemplated by rule, such facts are to be disclosed. The non-disclosure of those facts is sufficient to dismiss the writ petition. 2. In the facts and circumstances of the case, we do not find that police protection as sought four ould be granted to the petitioner. Whether or not the respondents are entitled to do the work is finally decided by the labour authority. If any physical obstruction is caused by respondents 5 and 6, specifying and pointing out such instance, if any, a complaint is filed before the police that will be looked into. W.P.(C) No. 23402/09 3 Subject to the above observation, the writ petition is dismissed. P.R.RAMAN, JUDGE P.S.GOPINATHAN, JUDGE. mn.