IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 WP(C).No. 36386 of 2007(F) -------------------------- PETITIONER: ------------ M/S.KAIRALI CEMENT COMPANY, VIII/896, PETRONET ROAD, WISE PARK, KANJIKODE EAST P.O., PALAKKAD - 678 621, REPRESENTED BY ITS MANAGING PARTNER SRI.S.AYYAPPAN. BY ADV. SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY SRI.A.V.RAVI RESPONDENTS: ------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, DISTRICT POLICE OFFICE, PALAKKAD. 2. SUB INSPECTOR OF POLICE, WALAYAR POLICE STATION, WALAYAR. 3. MURALEEDHARAN, SECRETARY, HEADLOAD GENERAL WORKER'S UNION (CITU), WISE PARK, KANJIKODE EAST, PALAKKAD - 678 621. R1 & R2 BY GOVT. PLEADER SHRI.SALIM P.A. R3 BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) 36386/07 Appendix Petitioner's Exts: Ext.P1 True photocopy of the card containing names of the 13 workers with ESI code Nos. of the petitioner Company. Ext.P2 True photocopy of the complaint dated 29.11.2007 submitted by the petitioner before the 2nd respondent. Ext.P2(a) True copy of the receipt issued by the 2nd respondent acknowledging the submission of Ext.P2. Ext.P3 True photocopy of the complaint made by the petitioner to the 1st respondent. Third respondent's Exts: Ext.R3(a) True copy of the identity cards issued to the headload workers attached to the Headload General Workers' Union (CITU), shown in the address of respondent No.3. K.Balakrishnan Nair & P.N.Ravindran, JJ. ======================== W.P(C).No.36386 of 2007 ======================== Dated this the 1st day of January, 2008. JUDGMENT Balakrishnan Nair,J. The petitioner is running an establishment engaged in the manufacture and marketing of portland pozzlona cement. This Writ Petition is filed claiming protection for loading and unloading work within the Company premises. The petitioner submits that it has regular workmen attached to the Factory, who will do the loading and unloading work. Since the workmen led by the third respondent caused obstruction claiming work, the petitioner moved the police seeking police protection. When no help was extended to the petitioner, this Writ Petition is filed seeking appropriate direction to the police to grant police protection. 2. The third respondent has filed a counter affidavit stating that it is an area covered by the scheme under the Kerala Headload Workers Act. As long as the petitioner does not have any workmen having registration under Rule 26A of the Kerala WP(C) 36386/07 -: 2 :- Headload Workers Rules, the members of the local pool of headlord workers are entitled to do the loading and unloading work. The petitioner has not filed any reply affidavit disputing the above submission. 3. Heard. As long as the petitioner does not have any registered workmen under the Headload Workers Rules, this being a scheme covered area, loading and unloading work can be done only by members of the local pool by virtue of Rule 6A of the scheme under the Kerala Headload Workers Act. Accordingly, the prayer for police protection is declined. Writ Petition is disposed of as above. K.Balakrishnan Nair, Judge. P.N.Ravindran, Judge. ess 1/1