IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 WP(C).No. 22444 of 2011(E) ---------------------------------------- PETITIONER(S): ------------------------ JAMES ANTONY, AGED 57 YEARS, S/O.P.C. ANTONY, PAROKKARAN HOUSE, P.O. THUMBOOR, KOTTANALLUR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR, PROPRIETOR, WHITE HOUSE, BRICKS AND FLOOR TILES, NADAVARAMPA P.O., VELURKKARA, IRINJALAKKUDA, THRISSUR DISTRICT. BY ADV. SRI.M.B.PRAJITH, SRI.K.K.PREMALAL. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN- 695 001. 2. THE CIRCLE INSPECTOR OF POLICE, IRINJALAKKUDA, THRISSUR-680 661. 3. THE STATION HOUSE OFFICER, IRINJALAKKUDA POLICE STATION, THRISSUR DISTRICT-680 661. 4. THE HEAD LOAD WORKERS UNION (CITU), VELURKKARA PANCHAYATH UNIT, VELURKKARA, IRINJALAKKUDA, REPRESENTED BY THE SECRETARY KURUPATHKATTIL GOPI, PIN-680 661. R1 TO R3 BY GOVT. PLEADER MR.T.K. VIPINDAS. R4 BY ADV. SRI.V.P.PRASAD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 22444 of 2011(E) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ACKNOWLEDGMENT ISSUED BY THE DEPARTMENT OF INDUSTRIES, GOVERNMENT OF KERALA. EXT.P2: COPY OF THE REGISTRATION CERTIFICATE ISSUED UNDER KERALA SHOPS AND COMMERCIAL ESTABLISHMENT ACT. EXT.P3: COPY OF THE PANCHAYATH LICENCE ISSUED BY THE PANCHAYATH. EXT.P4: COPY OF THE IDENTITY CARD ISSUED TO THE SKEIK RAJA AN EMPLOYEE OF THE PETITIONER'S FIRM. EXT.P5: COPY OF THE IDENTITY CARD ISSUED TO THE R.SATHEESH AN EMPLOYEE OF THE PETITIONER'S FIRM. EXT.P6: COPY OF THE IDENTITY CARD ISSUED TO THE SHIBU AN EMPLOYEE OF THE PETITIONER'S FIRM. EXT.P7: COPY OF THE IDENTITY CARD ISSUED TO THE MANU K. AN EMPLOYEE OF THE PETITIONER'S FIRM. EXT.P8: COPY OF THE COMPLAINT FILED BY THE PETITIONER DATED 10/08/2011. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE rs PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- WP(C).NO. 22444 of 2011 --------------------------------- Dated this the 25th day of August, 2011 JUDGMENT Abduld Rehim,J. The petitioner is running a 'floor tiles' manufacturing unit, under the name and style 'White House, Bricks and Floor Tiles' at Nadavarampa near Irinjalakuda. It is stated that the 4 permanent workers engaged in his unit are doing the loading and unloading works required in the unit, and that they have got registration under Rule 26A of the Kerala Headload Workers Rules. It is alleged that the 4th respondent union and its members are creating obstruction to the loading and unloading works demanding that they should be engaged for doing such works. It is alleged that, they have disrupted the works in the industry by trespassing and causing physical obstructions, with respect to which the petitioner had filed a complaint before respondents 2 and 3. Since no action has been taken, this writ petition is filed seeking police protection. 2. In the counter affidavit filed by the 4th respondent it is WP(C) .22444/2011 2 stoutly disputed that the members of the 4th respondent had committed any trespass or physical obstruction in the industry of the petitioner. It is further contended that Ext.P8 complaint was filed by the petitioner raising false allegations against the members of the 4th respondent union. Learned counsel appearing for the 4th respondent fairly conceded that the members of the 4th respondent union has no intention to commit any trespass or physical obstructions to the works of loading and unloading conducted in the premises of the petitioner's industry by engaging the 4 permanent workers who are having registration under the provisions of the Headload Workers Rules. However it is stated that the 4th respondent union had filed appeals against the granting of the registration to the permanent workers of the petitioner, under Rule 26C of the Kerala Headload Workers Rules. 3. Considering the facts and circumstances as narrated above, we are of the opinion that, since the permanent workers of the petitioner's industry have got registration under the provisions of the Headload workers Rules, the petitioner is entitled to continue the loading and unloading works by engaging WP(C) .22444/2011 3 those workers, unless the registration is cancelled by the competent appellate authority. We notice that the 4th respondent conceded that they have no intention to cause any physical obstruction. We record the submission made in this regard. However, liberty is reserved to the 4th respondent to pursue the appeal, stated to have been filed against the granting of registration. 4. Under the above circumstances the writ petition is disposed of directing respondents 2 and 3 to take effective steps if intimation is received about any physical obstruction caused with respect to the works of the petitioner's industry in order to avert such obstruction and to afford protection for the functioning of the industry. 5. It is made clear that the direction given above will be subject to the result of the decision of the appellate authority on the appeal stated to have been filed by the 4th respondent. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ WP(C) .22444/2011 4