IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 25TH NOVEMBER 2010 / 4TH AGRAHAYANA 1932 WP(C).No. 31478 of 2010(H) --------------------------------------- PETITIONER: ------------------- MUJEEB RAHMAN, S/O. KOCHAHAMMED, AGED 38 YEARS, PARTNER, HAIL DESIGNER TILES, MUNDATHIKODE, THRISSUR-680 595. BY ADV. SRI.C.A.CHACKO. RESPONDENTS: ------------------------ 1. THE DEPUTY SUPERINTENDENT OF POLICE, KUNNAMKULAM, THRISSUR DISTRICT, PIN -680 503. 2. THE S.I. OF POLICE, WADAKKANCHERRY POLICE STATION, WADAKKANCHERRY, THRISSUR DISTRICT, PIN-680 582. 3. THE SECRETARY, INTUC UNION, MUNDATHIKODE UNIT, MUNDATHIKODE, THRISSUR, PIN-680 595. 4. THE SECRETARY, CITU UNION, MUNDATHIKODE UNIT, MUNDATHIKODE, THRISSUR, PIN -680 595. R1 & R2 BY GOVT. PLEADER SRI. T.K. VIPINDAS, R3 & R4 BY ADV. SRI.SHOBY K.FRANCIS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.31478/2010-H: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LICENSE ISSUED BY THE MUNDATHIKODE GRAMA PANCHAYATH TO THE PETITIONER'S UNIT. EXT.P.2: COPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE SALES TAX OFFICER, WADAKKANCHERRY. EXT.P.3: COPY OF THE I.D. CARD OF ABDUL SALEEM. EXT.P.4: COPY OF THE I.D. CARD OF PRAMOD KUMAR. EXT.P.5: COPY OF THE REPRESENTATION DTD. 04/10/2010 GIVEN BY THE PETITIONER TO THE R.1. EXT.P.6: COPY OF THE PARTNERSHIP DEED OF PETITIONER'S FIRM. RESPONDENTS' EXHIBITS: EXT.R3.A: COPY OF THE LETTER ISSUED BY THE ALO, DTD. 18/10/10. EXT.R3.B: COPY OF THE APPEAL FILED BEFORE THE DLO DTD. 20/10/10. //TRUE COPY// P.A. TO JUDGE. Prv. K.M.JOSEPH & M.C. HARI RANI,JJ ============================== W.P.(C) NO.31478 OF 2010 ============================ Dated this the 25th day of November, 2010 JUDGMENT K.M. Joseph, J. The petitioner has approached this court seeking the following:- i)issue a writ of mandamus or any other appropriate writ, direction or order, directing respondents 1 and 2 to provide adequate police protection to the petitioner's unit by name “Hail Designer Tiles, Mundathikode” from the illegal obstruction of respondents 3 and 4 and their men, in doing loading and unloading works attached with the unit. ii)issue a writ of mandamus or any other appropriate writ, direction or order, directing 1st respondent to dispose of Ext.P5 representation filed by the petitioner”. 2. The case of the petitioner in brief is as follows. Petitioner is one of the partners of Hail Designer Tiles, Wpc 31478/2010 2 Mundathikode, Thrissur. Petitioner's unit is having two permanent headload workers with Exts.P3 and P4 cards issued by the Assistant Labour Officer but he is being obstructed by respondents 3 and 4 between loading and unloading works. 3. A counter affidavit and reply affidavit are filed. We heard the learned counsel for the petitioner, party respondents and also Government Pleader. Learned counsel for respondents would submit that as far as Exts.P3 and P4 are concerned, they have been appealed against and appeals are pending, as evidenced by Ext.R3(b). He would further point out that under the guise of the interim order passed by this court, petitioner is making use of unregistered workers from Orissa also to do loading and unloading work which is impermissible. The counsel for the petitioner disputes this submission. We dispose of this writ petition as follows. As long as the petitioner has workers holding Exts.P3 and P4 cards, it may not be open to the members of respondents 3 and 4 to obstruct loading and unloading work done by the petitioner using his employees having Exts.P3 and P4. In such circumstances, we dispose of this writ petition directing that if any obstruction by the memebrs of the respondents 3 and 4 are brought to the notice of second respondnt by the petitioner, to carry out loading and unloading Wpc 31478/2010 3 work using workers having Exts.P3 and P4, police will afford protection to the loading and unloading work through persons having Exts.P3 and P4 cards as against respondents 3 and 4. We record the submission of learned counsel for the petitioner that he is not employing any other person to carry out loading and unloading work. We direct that second respondent will ensure that the petitioner is not employing any other person other than persons holding Exts.P3 and P4 cards and we make it clear that protection will not extend for the petitioner carrying out loading and unloading work employing any other person other than persons having Exts.P3 and P4 cards. We further direct that in case appeals filed by respondents 3 and 4 are allowed and the cards are set aside, necessarily the order of police protection will stand withdrawn. We also direct that the DLO,Thrissur will conduct surprise inspections from time to time to ensure that petitioner does not employ any other person other than persons having Exts.P3 and P4 for doing loading and unloading work. K.M. JOSEPH, JUDGE M.C. HARI RANI,JUDGE lgk