IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 WP(C).No. 31176 of 2008(J) -------------------------- PETITIONER(S): --------------- P.P.MOIDEENKUTTY, AGED 44 YEARS, S/O.ABOOBACKER SIDDIQUE, MANAGING PARTNER, "CROWN BITUMINES PRODUCTS", KANHIRANGAD, PARIYARAM GRAMA PANCHAYAT, KANHIRANGAD P.O., TALIPARAMBA VIA, KANNUR DISTRICT. BY ADV. SRI.O.V.MANIPRASAD RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUB INSPECTOR OF POLICE, TALIPARAMBA POLICE STATION, TALIPARAMBA, KANNUR DISTRICT. 3. THE CENTRE OF INDIAN TRADE UNION (CITU), KANHIRANGAD UNIT, KANHIRANGAD P.O., TALIPARAMBA-VIA, KANNUR DISTRICT, REPRESENTED BY ITS SECRETARY. BY GP SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31176 of 2008 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE PARTNERSHIP DEED DATED 19.2.00 EXT.P2- TRUE COPY OF THE LICENSE ISSUED BY THE SECRETARY, PARIYARAM GRAMA PANCHAYAT EXT.P3- TRUE COPY OF THE CERTIFICATE ISSUED BY THE SECRETARY, PARIYARAM GRAMA PANCHAYAT EXT.P4- TRUE COPY OF THE COMPLAINT DATED 29.9.08 MADE BEFORE THE 2ND RESPONDENT (TRUE COPY) P.A TO JUDGE J.B.KOSHY,Ag.C.J. & V.GIRI, J -------------------------------- W.P.(C).31176/2008 ----------------------------- Dated this 14th day of January, 2009 JUDGMENT Koshy (Ag.C.J.) Petitioner is conducting a business in manufacturing and distribution of rain guarding compound and allied goods. It is the case of the petitioner that he has his own workers for loading and unloading works in his premises. It is submitted that the area is not a scheme covered area under the Kerala Head load Workers Act. In the above circumstances, so long as the area is not a scheme covered area, adequate protection shall be granted to the petitioner for doing loading and unloading with the permanent workers in the premises covered by Ext.P2. Writ petition is disposed of as above. J.B.KOSHY, Acting Chief Justice V.GIRI, Judge mrcs