IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 WP(C).No. 8635 of 2008(C) ------------------------- PETITIONER(S): --------------- SHAJU.P.JOSE, JOSE & SONS, BUILDING NO.1194, WARD NO.IX, OLLUKKARA PANCHAYATH, PREMIER ROAD, MANNUTHI, THRISSUR DISTRICT. BY ADV. SRI.JIJO PAUL SRI.BABU S. NAIR RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, MANNUTHI. 2. THE HEAD LOAD WORKERS UNION, C.I.T.U, MANNUTHI BRANCH, THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY. 3. THE ASSISTANT LABOUR OFFICER, IIIRD CIRCLE, CHEMBUKKAVU, THRISSUR-20. ADDL. RESPONDENTS: 4. THE CHAIRMAN, TRICHUR LOCAL COMMITTEE, KERALA HEADLOAD WORKERS WELFARE BOARD, TRICHUR. (IMPLEADED VIDE ORDER DT. 18.3.08 IN IA NO.3976/08) ADV. SRI.C.HARIKUMAR FOR R2 SRI.ARAVINDA KUMAR BABU T.K. FOR R2 SRI.KOSHY GEORGE FOR ADDL.R4 SR. GOVT. PLEADER SRI.BENJAMIN PAUL – R1 & R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 8635/08 :2: JUDGMENT Balakrishnan Nair, J. This Court, after hearing both sides, passed an interim order on 24.3.2008. In view of the said interim order, no further orders are required in this Writ Petition. Accordingly, it is disposed of, maintaining that order. 14.10.2008. SD/- K.BALAKRISHNAN NAIR, JUDGE. SD/- M.C.HARI RANI, JUDGE. APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE REGISTERING AUTHORITY, DEPARTMENT OF COMMERCIAL TAXES, THRISSUR DT.1.6.2007. EXT.P2 - TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 3RD RESPONDENT DATED 7.1.2008. EXT.P3 - TRUE COPY OF THE IDENTITY CARD ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER'S WORKMEN BY NAME DILJO K.G. EXT.P4 - TRUE COPY OF THE IDENTITY CARD ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER'S WORKMEN BY NAME BINEESH. EXT.P5 - TRUE COPY OF THE IDENTITY CARD ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER'S WORKMEN NAME CHELLAMANI R. EXT.P6 - TRUE COPY OF THE IDENTITY CARD ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER'S WORKMEN BY NAME KANNAN K. EXT.P7 - TRUE COPY OF THE REPRESENTATION DATED 11.3.2008 FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. EXT.P8 - TRUE COPY OF THE RECEIPT ISSUED BY THE MANNUTHI POLICE STATION UPON RECEIPT OF EXT.P7. RESPONDENTS' EXTS: EXT.R2(a) – A TRUE COPY OF THE COMPLAINT PREFERRED BY THE 2ND RESPONDENT. /TRUE COPY/ K. BALAKRISHNAN NAIR & P.N. RAVINDRAN, JJ. --------------------------------------------------------------- W.P.(C).NO.8635 OF 2008-C -------------------------------------------------------------- Dated this the 24th day of March, 2008. O R D E R Balakrishnan Nair, J: The petitioner runs his business in a scheme covered area. Originally it was at Manalur. Now it is at Mannuthi. He has got registered workmen at Manalur. When he shifted the work, he shifted his workmen also. According to the 2nd respondent, since registration of the headload workers is at Manalur, they are entitled to do the headload work at Manalaur. But, the petitioner points out that the registered headload workers are his permanent workers and where ever he shifts his business, they are entitled to do the work there. 2. We think, this is a dispute, which the workmen should raise before the machinery provided under the Headload Workers Act and they have to wait for the decision that may be taken by the statutory authority. Till such time, the petitioner may engage his own registered workmen, even though they have registration only at Manalur. If there is any obstruction to the same, he may inform WPC.NO.8635/2008 . 2 the police and in that event, the police shall remove the obstruction. We did not express any final opinion on the right of the petitioner to engage his own workmen, who were issued registration at Malanur. If the decision of the statutory authority under the Headload Workers Act is in favour of the workmen, the direction to grant protection will stand vacated. If the petitioner requires additional hands to do the loading and unloading work, he shall engage the workers of the local pool of headload workers. Hand over K. BALAKRISHNAN NAIR, JUDGE P.N. RAVINDRAN, JUDGE. cl WPC.NO.8635/2008 . 3