IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 WP(C).No. 22584 of 2008(L) -------------------------- PETITIONERS: ------------ 1. EARSHAD A.M., PROPRIETOR, MUCHETH BUILDING MATERIALS, 11/753, KANNADY, PALAKKAD. 2. CHANDRAN, S/O SANKARAN, 14/2, CHELLIKKAD, KANNADI, PALAKKAD. 3. VINOD ,S/O MANI, 410/1, OOTRA P.O.,' KOLLENGODE, PALAKKAD 678 506. 4. MOHANDAS, S/O ARUMUKHAN,151 (5/177), PALLASSANA P.O., PALAKKAD. 5. ANEESH, S/O RAMAKRISHNAN, 9/70, KARIPPODE P.O., PALAKKAD 678 503. BY ADV. SRI.P.K.IBRAHIM SMT.K.P.AMBIKA SRI.THOMSTINE K.AUGUSTINE SRI.C.N.GOPAKUMAR RESPONDENTS: ------------- 1. THE SUB INSPECTOR OF POLICE, TOWN SOUTH POLICE STATION, PALAKKAD. 2. THE ASSISTANT LABOUR OFFICER, 2ND CIRCLE, PALAKKAD. W.P.(C)NO.22584/2008 3. C.I.T.U. (HEAD LOAD SECTION) CHELLIKKAD UNIT, KANNADI P.O., PALAKKAD, REPRESENTED BY ITS SECRETARY RAMAN, S/O KOLAVAN, RESIDING AT CHELLIKKAD, KANNADI P.O., PALAKKAD. 4. RAGHAVAN, S/O KANNAN, CHELLIKKAD, KANNADI, PALAKKAD. BY ADV. SRI.K.ANAND FOR R3-4 GOVERNMENT PLEADER, SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)NO.22584/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE REGISTRATION CERTIFICATE ISSUED TO THE UNIT BY THE DISTRICT INDUSTRIES CENTRE DT.15.2.2007. EXT.P2: COPY OF THE LICENSE ISSUED BY THE KANNADI GRAMA PANCHAYAT DT.21.05.2008. EXT.P3: COPY OF THE CERTIFICATE OF REGISTRATION UNDER THE KERALA VALUE ADDED TAX RULED DT.19.5.2008. EXT.P4: COPIES OF THE LOAN ACCOUNT PASS BOOKS ISSUED BY THE CATHOLIC SYRIAN BANK LTD. EXT.P5: COPIES OF THE IDENTITY CARDS ISSUED TO THE PERMANENT HEAD LOAD WORKERS ENGAGED BY THE 1ST PETITIONER. EXT.P6(a): COPY OF THE PETITIN DT.21.07.2008 SEEKING POLICE PROTECTION FROM THE 1ST RESPONDENT. EXT.P6(b): COPY OF THE ORDER NO.H.W.8-10/2008 DT.10.04.2008 GRANTING REGISTRATION TO THE WORKERS OF THE 1ST RESPONDENT. EXT.P7: COPY OF THE ACKNOWLEDGMENT IN RECEIPT OF EXT.P6(a) DT.21.07.2008. EXT.P8: COPIES OF THE RESIGNATION LETTERS DT.22.7.08 SUBMITTED BY THE WORKERS OF THE 1ST PETITIONER UNDER THE THREAT OF THE RESPONDENTS 3 AND 4. EXT.P9: COPY OF THE LETTER DT.23.7.2008 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P10: COPIES OF THE APPLICATIONS DT.23.07.2008 SUBMITTED FOR \ REGISTRATION UNDERTHE HEAD LOAD WORKERS ACT BY THE PETITIONERS 2 TO 5. RESPONDENT'S EXTS: EXT.R3(a): COPY OF THE IDENTITY CARD REG.NO.09/04/1138/2000. EXT.R3(b): COPY OF THE IDENTITY CARD REG.NO.09/04/1124/2000. EXT.R3(c): COPY OF THE IDENTITY CARD REG.NO.09/04/1123/2000. W.P.(C)NO.22584/2008 EXT.R3(d): COPY OF THE IDENTITY CARD REG.NO.09/04/1122/2000. EXT.R3(e): COPY OF THE IDENTITY CARD REG.NO.09/04/1125/2000. EXT.R3(f): COPY OF THE IDENTITY CARD REG.NO.09/04/1137/2000. EXT.R3(g): COPY OF THE IDENTITY CARD REG.NO.09/04/1126/2000. EXT.R3(h): COPY OF THE IDENTITY CARD REG.NO.09/04/1127/2000. EXT.R3(i): COPY OF THE IDENTITY CARD REG.NO.09/04/1128/2000. //TRUE COPY// PA TO JUDGE. K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. --------------------------------------- W.P.(C). No.22584 OF 2008 --------------------------------------- Dated this the 6th day of August, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The 1st petitioner is running a hollow bricks unit in Kannadi, Palakkad. The petitioners 2 to 5 are the workmen of the 1st petitioner. The said petitioners are doing the loading and unloading work in the 1st petitioner's establishment, it is submitted. The unit started production only in March 2008. He engaged three workmen to do the loading and unloading work in the establishment. They got registration under the Head Load Workers Rules also. But, in the 3rd week of July, 2008, the 4th respondent came and threatened those workmen. The first petitioner was instructed not to engage the workmen from outside to do the loading work in his establishment. In the face of the threat from the part of the 4th respondent, the petitioner submits those workmen resigned and in their place the 1st petitioner has engaged the petitioners 2 to 5, it is submitted. W.P.(C) No.22584/2008 2 They have already moved the Labour Officer for grant of registration under Rule 26A of the Kerala Head Load Workers Rule. The 1st petitioner is doing the loading and unloading work engaging those workmen. But, respondents 3 and 4 are causing obstruction. Therefore, the 1st petitioner moved the police for protection. Since the police did not extend any helping hand, this writ petition is filed. 3. The respondents 3 and 4 have filed counter affidavit. According to them, there are nine registered head load workers in their Union. The 1st petitioner's workmen have no registration and therefore, he is bound to engage the local registered head load workers, it is submitted. 4. The learned Government Pleader, upon instructions, submitted that the applications submitted by the petitioners 2 to 5 for registration before the 2nd respondent will be finally heard and disposed before 22.8.2008. The police advised the parties to go by the decision of the Labour Officer, it is submitted. W.P.(C) No.22584/2008 3 5. The petitioner being the employer should be normally conceded freedom to engage workmen of his choice in his establishment. But, the learned counsel for the respondents 3 and 4 submitted that Kerala Headload Workers Act has made inroads into that right and the 1st petitioner is bound to engage the registered workmen of the local area. But, we are not making any final pronouncement on this contention, as in this case, we are concerned only in the failure of the duty of the police. As the police is not supposed to decide the above dispute we are also not venturing to do that in this jurisdiction. For the time being, the police shall extend necessary protection to the petitioners 2 to 5 as they are the workmen engaged by the 1st petitioner. If any obstruction is caused to them, the police on being informed of the same by the 1st petitioner, shall remove the obstruction. But the contentions of the respondents 3 and 4 are left open. They may move the statutory forum under the Kerala Head Load Workers Act and establish their right. If there is any decision in favour of the local registered head load workers, the W.P.(C) No.22584/2008 4 petitioner will be bound to respect that and the police protection will continue only subject to that liability of the petitioner. 6. Needless to say, if there is any overflow chances, that is, if the petitioner requires any additional workmen, he shall prefer the local registered head load workers. The writ petition is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps