IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 WP(C).No. 18849 of 2010(E) --------------------------------------- PETITIONER(S): ----------------------- S. SUNILKUMAR, AGED 35 YEARS, S/O.N. SIVASANKARA PILLAI, PROPRIETOR, N.S. CONCRETE BRICKS, BLOCK OFFICE ROAD, ANCHALUMOOD, RESIDING AT VYKKALAZHIKATHU MELATHIL, NJARACKAL, PERINADU.P.O, KOLLAM. BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENT(S): -------------------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, KOLLAM. 2. SUB INSPECTOR OF POLICE, ANCHALUMOOD, KOLLAM. 3. KERALA STATE HEAD LORD AND U.T.U.C, REPRESENTED BY ITS SECRETARY, MR.R.K. NARAYANA PILLAI, PONNUR VEEDU, ANCHALUMOOD, PERINADU.P.O, KOLLAM. 4. DESIYA THOZHILALI EKOPANA SAMITHI (D.T.ES), REPRESENTED BY ITS SWECRETARY, MR, KAMALOLBHAVAN, VIJAYA MANDHIRAM, CHITTACODE,MARANDU, EZHUCONE, KOLLAM. *ADDL. R5 IMPLEADED. 5. THE KERALA HEAD LOAD WORKERS WELFARE BOARD, DISTRICT COMMITTEE KOLLAM, REPRESENTED BY ITS CHAIRMAN. *ADDL. R5 IS IMPLEADED AS PER ORDER DT.D 7.7.10 IN IA. 8974/10. tss W.P.(C) NO.18849/2010 ADDL. R6 IMPLEADED 6. ASSISTANT LABOUR OFFICER, KUNDARA. *ADDL. R6 IS IMPLEADED AS PER ORDER DTD. 10.1.2011 IN IA.373/10. R1 , R2 & R6 BY GOVT. PLEADER SMT.C.M.CHARISMA R3 & R4 BY ADVS. SRI.O.V.MANIPRASAD ADDL. R5 BY SRI.KOSHY GEORGE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO. 18849/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPLICATION DTD. 10.5.2010 SUBMITTED BY THE PERMANENT EMPLOYEES OF THE PETITIONER. P2:- COPY OF THE APPLICATION DTD. 10.5.2010 SUBMITTED BY THE PERMANENT EMPLOYEES OF THE PETITIONER. P3:- COPY OF THE COMPLAINT DT. 28..2010 PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS R4(a):- COPY OF THE WORK CARD DTD. 11.2.2010 SIGNED BY THE PETITIONER WHICH WAS SUBMITTED BEFORE THE KERALA HEAD LOAD WORKERS' WELFARE BOARD. TRUE COPY P.A. TO JUDGE tss R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.18849 of 2010 ------------------------------------------- Dated this the 9th March, 2011 JUDGMENT Basant, J. The petitioner has come to this Court with this petition for issue of directions under Article 226 of the Constitution to respondents 1 and 2 to afford police protection to the petitioner to get the work of loading and unloading in his establishment done by attached workmen who had applied for registration against any illegal obstruction that may be caused by respondents 3 and 4. 2. When this writ petition was filed, the applications for registration of attached workmen were pending. As per the directions of this Court, additional respondent No.6 has disposed of the said applications. The petition for registration of attached workmen stands dismissed. The petitioner submits that he wants to prefer an appeal against the said order rejecting the prayer for registration. Though time was given, it is now admitted that the appeal has not been preferred so far. If the petitioner wants to WPC No.18849/2010 2 prefer an appeal, the petitioner shall be at liberty to do the same. 3. We are satisfied that this writ petition need not be kept pending indefinitely. If and when the petitioner gets attached workmen registered in accordance with law and if then there is any obstruction against the work being carried on by such attached registered workmen, if any, the petitioner shall be at liberty to approach this Court again. 4. With the above observation, this writ petition is now dismissed. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/ WPC No.18849/2010 3 R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.18849 of 2010 ------------------------------------------- Dated this the 10th January, 2011 ORDER Basant, J. I.A.No.373/2011 Heard. Allowed. The Assistant Labour Officer is impleaded as additional respondent No.6 as there is already five respondents including additional respondent No.5 on the array of parties. WPC No.18849/2010 The petitioner has come to this Court seeking directions to respondents 1 and 2 to afford police protection to the petitioner to get the work in his establishment conducted peacefully. Respondents 3 and 4 are trade unions representing loading and unloading workers. Respondent No.5 is the Kerala Headload Workers Welfare Board. According to the petitioner, he has permanent workers of his own and he is getting the work in his establishment done through such permanent workers. WPC No.18849/2010 4 Applications to register permanent workers of his establishment is pending before the additional 6th respondent. In the meantime, there is a dispute as to whether the headload workers represented by respondents 3 and 4 have the legal right to get the work allotted to them. 2. The additional 6th respondent is now impleaded. We direct the additional sixth respondent to take such action as is necessary in accordance with law - to be specific under Section 21 of the Kerala Headload Workers Act. Necessary action in the matter must be taken by the additional 6th respondent within a period of seven days from this date. The action taken shall be reported to this Court by the additional 6th respondent on the next date of posting, i.e. 19.1.2011. The learned Government Pleader shall forthwith communicate the direction to the additional sixth respondent. Hand over a copy of this order to the learned Government Pleader immediately for necessary action. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE WPC No.18849/2010 5 css/