IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 WP(C).No. 2795 of 2010(Y) ------------------------- PETITIONER: --------------- BEML LIMITED, S-411, SAHYADRI COLONY, CHANDRA NAGAR P.O., PALAKKAD-678 007, REP.BY ITS ASSISTANT GENSERAL MANAGER (PROJECTS) MR.ASOK RAM. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH SRI.V.J.ANAND RESPONDENTS: --------------- 1. STATE OF KERALA, REP.BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, PALAKKAD. 3. SUB INSPECTOR OF POLICE, WALAYAR POLICE STATION, WALAYAR, PALAKKAD DISTRICT. 4. PALAKKAD DISTRICT HEADLOAD MAZDOOR SANGH, (BMS) REG.NO.275/69, KANJIKODE AREA COMMITTEE, KANJIKODE, PALAKKAD, REPRESENTED BY ITS UNITE SECRETARY, SRI.A.SUBRAMANIAN. 5. HEADLOAD AND GENERAL WORKERS UNION (CITU) CHULLIMADA UNIT, KANJIKODE, PALAKKAD, REPRESENTED BY ITS UNIT SECRETARY, SRI.MURALIDHARAN. R1 TO R3 BY GOVT. PLEADER SHRI. T.K. VIPIN DAS ADV. SRI.SAJAN VARGHEESE K. FOR R5 SRI.LIJU. M.P FOR R5 ADV. SRI.N.NAGARESH FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF COMPLAINT DT.19.1.2010 GIVEN BY THE CONTRACTOR LLOYD INSULATIONS (INDIA) LTD. TO THE PETITIONER. EXT.P2 TRUE COPY OF THE COMPLAINT DT. 19.1.2010 GIVEN BY THE CONTRACTOR URC CONSTRUCTION (P) LTD. TO THE PETITIONER. EXT.P3 TRUE COPY OF THE COMPLAINT DT.21.1.2010 FILED BY THE PETITIONER TO THE THIRD RESPONDET. EXT.P4 TRUE COPY OF RECEIPT DT. 18.12.2009 FROM THE 4TH RESPONDENT. EXT.P5 TRUE COPY OF RECEIPT DT.20.1.2010 FROM THE 4TH RESPONDENT. RESPONDENTS' EXTS: EXT.R5(a) TRUE COPY OF IDENTITY CARDS ISSUED TO PERSONS IN POOL NO.19 OF KANJIKODE. EXT.R5(b) TRUE COPY OF IDENTITY CARD ISSUED TO PERSONS IN POOL NO.20 OF KANJIKODE. /TRUE COPY/ K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 2795 of 2010 Y - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of February, 2010 JUDGMENT Joseph, J. The petitioner has approached this court seeking the following reliefs. i) To declare that the demand and forceful collection of 'nokkukooli' (wages without executing the work) by respondents 4 and 5 and its members is illegal and an offence under criminal law, apart from it is in violation under the Kerala Headload Workers (Regulation of Wages and Restriction of Unlawful Practices) Act, 2002. ii) To issue a writ of mandamus or any other writ or order directing the respondents 2 and 3 to provide adequate and effective police protection to W.P.(C).No. 2795 of 2010 2 the life and properties of the petitioner, its executives, contractors and their workers and properties and also for free ingress and egress of all the employees of the petitioner and the contractors and for free movement of vehicle without causing any hindrance by respondents 4 and 5 or its members. iii) To restrain respondents 4 and 5 and its members from claiming 'nokkukooli' for unloading the materials in the premises of the petitioner; and iv) To issue a writ of mandamus directing respondents 4 and 5 and its members not to collect 'nokkukooli' from the contractors of the petitioner and to direct them to refund the amount so far collected as 'nokkukooli' with interest at the rate of 12%. There is a further prayer to investigate Ext.P3 complaint and to register criminal case against respondents 4 and 5 and their W.P.(C).No. 2795 of 2010 3 members for illegally and forcefully collecting money in the name of 'nokkukooli' from the contractors of the petitioner. 2. Briefly the case of the petitioner is as follows. The petitioner is a Government of India Mini Ratna Category-A Company engaged in the manufacture of equipments for Defence, Railway, Metro Rail, Mining and Construction and Aerospace. The work of construction of manufacturing sheds are being awarded to various contractors. When the contractors engaged by the petitioner started the work, respondents 4 and 5 and their members approached the petitioner demanding works of loading and unloading within the premises of the petitioner. Petitioner's case is that respondents 4 and 5 have no right to demand work under the Head load Workers Act as it is not applicable to the said area as the premises is owned by a Government of India Company. Further respondents 4 and 5 resorted to practice of demanding W.P.(C).No. 2795 of 2010 4 'nokkukooli'. There is allegation of threat from respondents 4 and 5 and their men. Petitioner filed a complaint before the police, but there is no response. Hence this writ petition was filed. 3. Heard the learned counsel for the petitioner, learned counsel for respondents 4 and 5 as also the learned Government Pleader. 4. Admittedly the petitioner is a Government of India company. It may not be open to respondents 4 and 5 or their men to demand work of loading and unloading as such in respect of the work carried on in the premises of the petitioner company. In such circumstances, the demand for 'nokkukooli' or any obstruction by respondents 4 and 5 or their men is totally unwarranted. 5. In these circumstances, we dispose of this writ petition with a direction that in case there is any obstruction from W.P.(C).No. 2795 of 2010 5 respondents 4 and 5 or their men for carrying out the work by the petitioner, respondents 2 and 3 will afford adequate protection to the petitioner for the carrying out the work. However, we also make it clear that this judgment should not be understood as meaning that if the petitioner decides to engage workers belonging to respondents 4 and 5 this judgment will stand in its way. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm