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 3RD JUNE 2008 / 13TH JYAISHTA 1930 WP(C).No. 38282 of 2007(G) ------------------------------------- PETITIONER: ------------------ MUHAMMED SHAH, HAJIRA INDUSTRIES, POOLAMTHARA, NEDUMANGADU TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.B.KRISHNA MANI SMT. ANUPAMA RESPONDENTS: ----------------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL, THIRUVANANTHAPURAM. 2. THE CIRCLE INSPECTOR OF POLICE, KAZHAKKOOTTAM, THIRUVANANTHAPURAM. 3. THE SUB INSPECTOR OF POLICE, POTHENCODE, THIRUVANANTHAPURAM. 4. C.I.T.U., REP. BY ITS SECRETARY, POOLAMTHARA UNIT, THIRUVANANTHAPURAM. 5. A.I.T.U.C., REP. BY ITS SECRETARY, POOLAMTHARA UNIT, THIRUVANANTHAPURAM. 6. I.N.T.U.C., REP. BY ITS SECRETARY, POOLAMTHARA UNIT, THIRUVANANTHAPURAM. 7. B.M.S. (BHARATHIYA MAZDOOR SANGHAM), REP. BY ITS SECRETARY, POOLAMTHARA UNIT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.38282/2007 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE APPLICATION DT. 21.2.07. EXT.P2:- COPY OF THE APPLICATION DT. 21.2.07. EXT.P3:- COPY OF THE REPRESENTATION DT. 20.12.07 FILED BY THE PETITIONER BEFORE THE SUB INSPECTOR OF POLICE. /TRUE COPY/ P.S. TO JUDGE tss K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 38282 OF 2007 ============================ DATED THIS THE 3rd DAY OF JUNE 2008 JUDGMENT Balakrishnan Nair,J. The petitioner is running a hollow bricks unit. He has got his own workmen M/s. Shibu. A. and Muhammed Shameer for doing loading/unloading work. They have applied for registration under the Kerala Headload Workers Rules, it is submitted. Exts.P1 and P2 are their applications. While so, the workmen belonging to respondents 4 to 7 came forward claiming work in the petitioner's unit and causing obstruction to the work being carried out using the above said workmen. Though notice was served on the party respondents, they did not appear and contest the case. 2. The learned Government Pleader upon instruction submitted that the dispute being a labour dispute, the police did not interfere with the matter. The learned counsel for the petitioner submitted that the petitioner's workmen mentioned above have now obtained registration under Rule 26 A of the Kerala Headload Workers Rules. WPC. 38282/2007 -2- 3. Even if the area is a scheme covered area, the petitioner can engage his own workmen to do loading/unloading in his establishment provided they have got registration under Rule 26 A of the Rules. So, if the petitioner is doing the loading/unloading work by using the services of M/s. Shibhu.A and Muhammed Shameer and if anybody is causing obstruction, he may inform the third respondent and in that event the third respondent shall remove the obstruction. If respondents 4 to 6 have any superior claim for getting employment under the petitioner, they may move the authorities under the Kerala Headload Workers Act. This writ petition is disposed of without prejudice to the contentions of both sides on that point. Protection granted will be subject to any orders passed by the authorities under the Kerala Headload Wokers Act. Sd/- K. BALAKRISHNAN NAIR, JUDGE Sd/- M.C. HARI RANI JUDGE ks.