IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 WP(C).No. 30509 of 2009(G) -------------------------- PETITIONER(S): -------------------- M/S.EASTERN CONDIMENTS PVT. LTD., EASTERN VALLEY, ADIMALY, REPRESENTED BY ITS EXECUTIVE DIRECTOR, M.E.MOHAMED. BY ADV. SRI.BIJU ABRAHAM RESPONDENT(S): -------------------------- 1. THE SUB INSPECTOR OF POLICE, SHORANUR POLICE STATION, PALAKKAD DISTRICT. 2. THE CIRCLE INSPECTOR OF POLICE, OTTAPALAM, PALAKKAD DISTRICT. 3. THE SECRETARY, HEAD LOAD WORKERS UNION (CITU), SHORANUR TOWN. 4. THE SECRETARY, HEAD LOAD WORKERS UNION (INTUC), SHORANUR TOWN. 5. THE SECRETARY, HEAD LOAD WORKERS UNION (STU), SHORANUR TOWN. 6. THE SECRETARY, HEAD LOAD WORKERS UNION (CITU), VANIYAMKULAM, OTTAPPALAM. 7. THE SECRETARY, HEAD LOAD WORKERS UNION (INTUC), VANIYAMKULAM, OTTAPPALAM. 8. THE SECRETARY, HEAD LOAD WORKERS UNION (STU), VANIYAMKULAM, OTTAPPALAM. 9. KERALA HEADLOAD WORKERS WELFARE BOARD LOCAL COMMITTEE, PALGHAT REPRESENTED BY ITS CHAIR PERSON K.K.SESHAMBAL JYOTHI [IMPLEADED AS ADDITIONAL 9TH RESPONDENT AS PER ORDER DATED 4/11/2009 IN I.A.NO.13821/2009] BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS ADV. SRI.N.RAGHURAJ FOR R4 SMT.K.AMMINIKUTTY FOR R4 SRI.KOSHY GEORGE FOR RP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30509 of 2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT ON 9/10/2008. EXT.P2: A TRUE COPY OF THE COMPLAINT DATED 24/9/2009 TO THE FIRST RESPONDENT RESPONDENTS EXHIBITS: EXT.R4(A): TRUE PHOTOCOPY OF THE RECEIPT ISSUED BY THE KHLWF BOARD, PALAKKAD EXT.R4(B): TRUE PHOTOCOPY OF THE RECEIPT ISSUED BY THE KHLWWF BOARD, PALAKKAD EXT.R4(C): TRUE PHOTOCOPY OF THE RECEIPT ISSUED BY THE KHLWWF BOARD, PALAKKAD EXT.R4(D): TRUE PHOTOCOPY OF THE RECEIPT ISSUED BY THE KHLWWF BOARD, PALAKKAD EXT.R4(E): TRUE PHOTOCOPY OF THE RECEIPT ISSUED BY THE KHLWWF BOARD, PALAKKAD /TRUE COPY/ PA TO JUDGE KURIAN JOSEPH & C.T.RAVIKUMAR,JJ ------------------------------------------ W.P.(C).No.30509 of 2009 -------------------------------- Dated this the 17th day of November,2009 JUDGMENT C.T.Ravikumar.J The petitioner is an establishment conducting business of manufacture of curry powder and marketing the same through packed pouches packed in cartons. The question to be settled in this case is whether permanent registered head load workers of the said establishment performing the duties attached with their jobs can perform the loading and unloading work for the establishment even outside the premises of the establishment. 2. The grievance of the petitioner is that the respondents 3 to 8 are interfering with the performance of the duties by its permanent head load workers, eventhough they have no right to interfere with the works. According to the petitioner the permanent workers of the establishment had been loading and unloading the cartons packed with curry power pouches for the past 25 years or thereabouts. 3. The fourth respondent has filed an affidavit resisting the claims and contentions of the petitioner. According to the fourth W.P.(C).No.30509 of 2009 2 respondent the registered workers attached to his union have been loading and unloading cartons in which the curry powder pouches were brought to the places involved in this case, from the petitioner's establishment for supply to the various shops, for the past several years. According to them there are 28 registered workers in the Shornur sub committee and the aforesaid works were being carried out by them. In short, the contention of the fourth respondent is that the registered workers in that area alone can perform the loading and unloading works since the areas in question are covered by the scheme. 4. The petitioner has filed a reply affidavit enlisting the 12 permanent workers possessing identity cards issued by the competent authority.The names and numbers of their respective cards are as follows:- Sl.No. Name& Address Card No. Issuing Authority 1. Prasannan K.R. 06/03/3526/2009 ALO-Munnar Koladiyil, Kallarvattiyar.P.O., Kurisupara. 2. Alfred Sebastian 06/03/3530/2009 ALO-Munnar Kanjiramalayil Perinchakutty.P.O., Chepakapara W.P.(C).No.30509 of 2009 3 3. Eldose P.V., 06/03/3579/2009 ALO-Munnar Parakattumaliyil House,Kachiplavu P.O.,Irumpupalam 4. Binto Mathew, 06/03/3579/2009 ALO-Munnar Olicka, Adimali 5. Jobin K.George 06/03/3528/2009 ALO-Munnar Kakkanattu House Chemmannar.P.O. 6. Sinto.K.S. 06/03/3486/2007 ALO-Munnar Kalluvettiyil House Ellakkal.P.O. 7. Ebrahim K.A., 06/03/2910/2002 ALO-Munnar Kottarathil House Kallarkutty P.O., Adimali. 8. Shiyas S.M. 08/03/7787/2007 ALO- Srambickal House, Chembukavu Valara P.O., Thrissur Irumpupalam. 9. Suneer P.M. 08/08/7788/2007 ALO- Pullikudiyil House Chembukavu Thodupuzha, Thrissur Idukki. 10. Sebastian M.P. 08/06/7789/2007 ALO- Manickathan Chembukavu House, Mukkudom Thrissur P.O., Idukki 11. Lijo Varghese 08/06/7790/2007 ALO- Moorippara House Chembukavu Machiplavu P.O. Thrissur Idukki. W.P.(C).No.30509 of 2009 4 12. Vindo E.S. 08/06/7792/2007 ALO- Elayidathu House Chembukavu Valara P.O.Idukki Thrissur According to the petitioner besides those persons the establishment has other head load workers in other routs and in the absence of the enlisted 12 permanent workers they also used to accompany in the vans carrying out cartons and performing the unloading works. At any rate, at least one of the persons travelling in such vans, invariably would be a registered head load worker of the company. 5. The question whether such permanent registered head load workers of the establishment, can perform the duties attached with their jobs even outside the premises of the establishment was considered by this court on an earlier occasion at the instance of the same petitioner. A division bench of this court in W.P.C.No.13106/2009 considered that question. In the said writ petition the Kerala Head Load Workers Palakkad Local Committee got impleaded as the additional ninth respondent. The committee contended that the registered workers of the company could carry out loading and unloading work of cartons only within the company and not beyond that . However, relying on the W.P.(C).No.30509 of 2009 5 decision reported in Cresent Trading Company V. Sub Inspector of Police [2009 (3) KLT 16] it was is held that loading and unloading work viz. the duties attached to their job could be done by registered headload workers of the establishment for the establishment within the establishment and even outside the premises of the establishment. It was held in Cresent Trading Company's case (supra) that in the latter case, the work must be one connected with the establishment. All aspects of the issue have been carefully considered in the decision. We are fully in agreement with the decision in Cresent Trading Company V. Sub Inspector of Police [2009 (3) KLT 16], 6. In this case the specific contention is that the establishment is conducting manufacturing of curry powder and marketing the same through packed pouches in packed cartons and that its permanent workers are delivering the cartons to the retailer outlets or retailer agencies in the area depending on the demand on the market. Therefore, loading and unloading of such cartons can only be incidental to the activities of the establishment. The fact that the petitioner has permanent headload workers having registration need not be disbelieved in view of the details given in the reply affidavit. In view of the decisions mentioned above there cannot be any impediment for W.P.(C).No.30509 of 2009 6 engaging the 12 enlisted permanent workers registered under the Head Load Workers Act by the petitioner establishment to do the work of loading and unloading for which they are appointed even outside the premise of the establishment for the purpose of delivery of cartons containing curry powder pouches. Therefore the petitioner is entitled for the protection as sought for in the writ petition. Accordingly there shall be a direction to the first and second respondents to afford adequate protection to the 12 enlisted workers named above for the delivery and supply of curry powder of the establishment packed in pouches and in cartons to the retail dealers/agents under their jurisdiction, in the unlikely event of interference or obstruction from respondents 3 to 8 or anybody else on their behalf. The writ petition is disposed of as above. KURIAN JOSEPH,JUDGE C.T.RAVIKUMAR,JUDGE ssn