IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 WP(C).NO. 11574 OF 2008(C) -------------------------- PETITIONER: ------------ KALLIYATH FLOORINGS, CHANGUVETTU PO EDARIKKODE, KOTTAKKAL, MALAPPURAM DISTRICT REPRESENTED BY ITS MANAGING PARTNER K.ANWAR SADATH. BY ADV. SRI.K.SHIBILI NAHA RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. ASSISTANT LABOUR OFFICER, TIRURANGADI. 3. SWATHANTHRA THOZHILALI UNION (S.T.U) KOTTAKKAL UNIT, REP. BY ITS SECRETARY. 4. S.I. OF POLICE, KOTTAKKAL, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. ADDL.R5 5.THE CHAIRMAN, KEARLA HEAD LOAD WORKERS WELFARE BOARD, TIRUR LOCAL COMMITTEE. (IMPLEADED VIDE ORDER DATED 9.4.08 IN I.A.NO.5226/08) ADDL.R6. 6.THE DISTRICE LABOUR OFFICER, MALAPPURAM (SUO MOTU IMPLEADED AS ADDL.R6 VIDE ORDER DATED 30.5.2008) BY GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 ADV.SRI.K.P.SUDHEER FOR R3 SRI.KOSHY GEORGE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No. 11574/08 PETITIONER'S EXTS: EXT.P1: (2 IN NUMBERS) TRUE COPY OF THE IDENTITY CARDS. EXT.P2: TRUE COPY OF THE COMPLIANT BEFORE THE 4TH RESPONDENT. RESPONDENTS' EXTS: EXT.R3(a): TRUE COPY OF WORK CARD NO.048401 DATED 1.4.08 ISSUED BY WELFARE FUND BOARD. EXT.R3(b): TRUE COPY OF WORK CARD NO.048402 DATED 3.4.2008 ISSUED BY WELFARE BOARDFUND . EXT.R3(C): TRUE COPY OF WORK CARD NO.048403 DATED 4.4.08 ISSUED BY WELFARE FUND BOARD. EXT.R3(d): TRUE COPY OF PAYMENT VOUCHER DATED 25.3.08 ISSUED BY THE PETITIONER. EXT.R3(e): TRUE COPY OF APPLICATION DATED 8.4.08 SUBMITTED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT. EXT.R3(f): TRUE COPY OF PAYMENT VOUCHER DATED 3.11.07 ISSUED BY THE WRIT PETITIONER. EXT.R3(g): TRUE COPY OF PAYMENT VOUCHER DATED 6.1107 ISSUED BY THE WRIT PETITIONER. EXT.R3(h): TRUE COPY OF PAYMENT VOUCHER DATED 28.11.07 ISSUED BY THE WRIT PETITIONER. EXT.R3(i): TRUE COPY OF PAYMENT VOUCHER DATED 17.1.08 ISSUED BY THE WRIT PETITIONER. EXT.R3(j): TRUE COY OF PAYMENT VOUCHER DATED 24.1.08 ISSUED BY THE WRIT PETITIONER. EXT.R3(k): TRUE COY OF PAYMENT VOUCHER DATED 27.2.2008 ISSUED BY THE WRIT PETITIONER. EXT.R3(l): TRUE COPY OF PAYMENT VOUCHER DATED 1.3.08 ISSUED BY THE WRIT PETITIONER. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.11574 OF 2008 ----------------------------------------------------- DATED THIS THE 30th DAY OF MAY, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner is running an establishment engaged in the sale of flooring materials. The petitioner has got a Depot at Kottakkal. He submits that he has got registered head load workers for doing the loading/unloading work in that establishment. Copies of their identity cards are produced as Exhibit P1 series. But the members of the 3rd respondent are causing obstruction to the loading/unloading work in his establishment using his own workmen. The petitioner filed Exhibit P2 representation before the Sub Inspector of Police, Kottakkal seeking protection. Since the police did not respond, this writ petition is filed seeking appropriate reliefs. 2. The additional 5th respondent has filed a counter affidavit in which it is stated that the petitioner is a registered employer under the Kottakkal Sub Office of Kerala Head Load Workers Welfare Board with register No.GMK.72. The workers W.P.(C)No.11574/08 -2- from the K.B. Pool are doing the loading/unloading work in the petitioner's establishment. It is also submitted that Exhibit P1 series identity cards are issued to Edarikode depot and not for Kottakkal depot. The 3rd respondent has filed a counter affidavit stating that workmen belonging to the said union were doing the loading/unloading work all along in the petitioner's establishment. They have also produced Exhibits R3(a) to R3© and R3(f) to R3(l) which are receipts/vouchers evidencing engagement of the workmen of the local pool by the petitioner. So, the present claim of the petitioner that the loading/unloading work in his establishment is done by his own workmen is unfounded. It is an attempt to deny employment to the existing workmen, it is submitted. Respondents 3 and 5 also submitted that Exhibit P1 series were issued behind their back and they are taking steps to challenge them. 3. The petitioner has filed a reply affidavit denying the allegations of the respondents and asserting his right to engage his own workmen for doing the work. Having regard to the disputed facts, we feel that it is not safe to order police protection as claimed by the petitioner. But, we are not expressing any final opinion on the case put forward by the petitioner. The petitioner may move the District W.P.(C)No.11574/08 -3- Labour Officer, Malappuram and in that event, the DLO will decide the dispute between the petitioner and the 3rd respondent in accordance with law, within one month from the date of production of a copy of this judgment. The police will render necessary assistance to implement the decision of the DLO. Needless to say, aggrieved parties will be free to challenge it in appropriate proceedings. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn