IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 WP(C).No. 20183 of 2009(P) -------------------------- PETITIONER(S): --------------- M.S.CHALAPATHY, AGED 28 YEARS, S/O.M.D.MOHANAN, D2, VB RESIDENCY, SASTHA TEMPLE ROAD, KALOOR, KOCHI. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, MANNUTHY POLICE STATION. 2. CIRCLE INSPECTOR OF POLICE, OLLUR. 3. SUPERINTENDENT OF POLICE, THRISSUR. 4. KRISHNAMANI, LEADER, HEAD LOAD WORKERS UNION (C.I.T.U.), MOORKANIKKANIKARA, EMS SMARAKA MANDIRAM, NADATHARA VILLAGE, THRISSUR. ADDL. 5. THE KERALA HEADLOAD WORKERS WELFARE BOARD, THRISSUR LOCAL COMMITTEE REP. BY ITS CHAIRMAN. (IMPLEADED AS PER OUR ORDER DATED 22.7.2009 IN I.A.NO.9090/2009) BY SRI.KOSHY GEORGE, SC FOR THE HEADLOAD WORKERS WELFARE BOARD (R5) BY GOVT. PLEADER SRI.P.A.SALIM. BY ADV. SRI.P.C.SASIDHARAN FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO.20183 OF 2009 EXT.P1 TRUE COPY OF THE IDENTITY CARD ISSUED TO ONE OF THE ATTACHED WORKMEN NAMELY DANTIS RAPHAEL BY THE ASSISTANT LABOUR OFFICER, THRISSUR. EXT.P2 TRUE COPY OF THE REPRESENTATION DATED 22.6.2009 FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. RESPONDENT'S EXTS: EXT.R4(a) TRUE COPY OF THE RECEIPT SHOWING THE ENGAGEMENT OF THE HEADLOAD WORKERS DATED 24.1.2009. EXT.R4(b) TRUE COPY OF THE IDENTITY CARD ISSUED TO SRI.K.VASUDEVAN. EXT.R4(c) TRUE COPY OF THE IDENTITY CARD ISSUED TO SRI.M.V.RAPAHI. EXT.R4(d) TRUE COPY OF THE IDENTITY CARD ISSUED TO SRI.F.A.ANTO. EXT.R4(e) TRUE COPY OF THE IDENTITY CARD ISSUED TO SRI.P.N.VIJAYAN. EXT.R4(f) TRUE COPY OF THE IDENTITY CARD ISSUED TO SRI.K.N.SANKARAN. EXT.R4(g) TRUE COPY OF THE IDENTITY CARD ISSUED TO SRI.M.D.JOSE. EXT.R4(h) TRUE COPY OF THE IDENTITY CARD ISSUED TO SRI.M.R.JAYAPRAKASH. //true copy// P.A. To Judge. P.R.RAMAN & P.BHAVADASAN, JJ. ------------------------------- W.P.(C) No.20183 of 2009 ------------------------------- Dated this the 22nd July, 2009 J U D G M E N T Raman, J. The petitioner is the Regional Co-ordinator of R.M.Prime Exim, a firm engaged in the marketing of consumer goods including electronic and electrical items. According to the petitioner, they have taken a building on rent for warehousing their products and they have also engaged two workers to do the loading and unloading in connection with the said work. The goods to be loaded and unloaded includes electronic and electrical goods including electric bikes, which requires special skill and care. The firm has also obtained required licence for storage of goods. Ext.P1 is the identity card issued to one of the attached worker under the Head load Workers Act. The other worker Lijo George has also been registered under the Act and his registration number is 08/06/7909/2009. On 10.6.2009, while the employees of the firm were engaged in the loading and W.P.(C) No.20183 of 2009 2 unloading work, a group of workers belonging to CITU union entered into the premises, obstructed the work and also threatened to man handle the workers. They demanded Nokku Coolie. It is also alleged that the identity card of one of the worker, Lijo George, was forcibly taken away by the respondents. It is stated that petitioner has preferred Ext.P2 complaint before the first respondent, but it did not evoke any response. Hence, this writ petition for police protection. 2 We have heard the arguments advanced by the learned counsel appearing for the petitioner, learned counsel appearing for the fourth respondent as also the learned standing counsel appearing for the Welfare Fund Board. 3. Fourth respondent has entered appearance and has filed a detailed counter affidavit. The allegations made in the writ petition are denied. According to them, whereever head load workers are engaged, a request is made to the pool committee, which in turn allot the pool workers for doing the loading and unloading work. As a matter of fact, petitioner had W.P.(C) No.20183 of 2009 3 engaged the pool workers and also paid the wages and Ext.R4(a) receipt is produced in evidence. It is stated that the registration given to two workers of the petitioner firm is without following the procedure as contemplated under the Rules. It is also stated that due notice has to be given to the persons affected and it is only after their objections are considered, registration in respect of the said two workers can be granted. Hence, they themselves have taken up the matter in appeal before the statutory authorities against the grant of registration to two employees of the petitioner before the District Labour Officer, at the instance of the pool leader Sri.V.R.Vasudevan. That is still pending. There are about eight Head load workers in the pool. Exts.R4(b) to R4(h) are the copies of the identity cards issued to them. The allegation that the respondents or any member had caused any threat to the petitioner or his workmen is denied. 4. On the factual situation as gathered from the pleadings, there cannot be any doubt that though the petitioner firm has two registered permanent workmen, there is an appeal pending against such registration before the District Labour W.P.(C) No.20183 of 2009 4 Officer. Therefore, the District Labour Officer shall take a decision in the matter, after hearing all the parties. Till such a decision is taken, there cannot be any physical obstruction caused to the loading and unloading work connected with the establishment carried on with two permanent workers of the petitioner. In case of any obstruction, the police shall render necessary protection. However, over and above the two workers, if additional workers are required, pool workers will have to be engaged, and the petitioner cannot engage any other third party. In case, the appeal filed by the pool leader is allowed, necessarily, the relief will have to be moulded and will be subject to the orders to be passed in that appeal. The writ petition is disposed of as above. P.R.RAMAN, JUDGE P.BHAVADASAN , JUDGE. nj.