IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 WP(C).No. 318 of 2008(K) ------------------------------------- PETITIONER: -------------------- K.T.SAITHALAVI, PROPRIETOR, TIP TOP FURNITURE MART, WEST HILL, KOZHIKODE. BY ADV. SRI.T.M.RAMAN KARTHA SMT.MANJU R.KARTHA RESPONDENTS: -------------------------- 1. THE SUB INSPECTOR OF POLICE, NADAKKAVU POLICE STATION, KOZHIKODE. 2. HEADLOAD AND GENERAL WORKERS UNION (CITU), WEST HILL UNIT, REP. BY ITS CONVENER SRI. BABU. *ADDL.R3 IS IMPLEADED: R3. THE ASSISTANT LABOUR OFFICER, KOZHIKODE CIRCLE-I, KOZHIKODE. (*ADDL.R3 IS IMPLEADED AS PER ORDER DTD. 16/01/2008 IN I.A.NO.847/08) BY GOVERNMENT PLEADER SRI. BENNY GERVASIS BY ADV. SRI.P.RAVINDRA NATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.318/2008 K APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPYOF THE REGISTRATION GRANTED TO THE PETITIONER UNDER THE SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1960. EXT.P2: COPIES OF THE IDENTITY CARDS ISSUED TO THE PERMANENT WORKERS OF THE PETITIONER UNDER THE HEADLOAD WORKERS SCHEME. EXT.P3: COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 13/12/2007. EXT.P4: COPY OF THE RECEIPT ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT AGAINST EXT.P3 COMPLAINT. EXT.P5: COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT IN WP(C) NO.29144/2004. EXT.P5(A): COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT IN O.P.NO.19384/2002. EXT.P5(B): COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT IN WP(C)NO.12436/2007. EXT.P6: COPY OF THE ORDER OF THE ASST.LABOUR OFFICER, KOZHIKODE DTD. 12/12/2007. EXT.P7: COPY OF THE NOTICE DTD. 12/01/2008 ISSUED BY THE KERALA HEADLOAD WORKERS WELFARE BOARD KOZHIKODE COMMITTEE. /TRUE COPY/ P.A.TO JUDGE Kss K.Balakrishnan Nair & P.N.Ravindran, JJ. ======================== W.P(C).No. 318 of 2008 ======================== Dated this the 16th day of January, 2008. ORDER Balakrishnan Nair,J. Heard. The petitioner seeks police protection for loading and unloading work using his own permanent workmen. The second respondent claims that its members were doing loading and unloading work in the petitioner unit. Now the petitioner wants to displace them and engage some other workmen in their place, it is submitted. 2. We feel that the police cannot be asked to decide the dispute and render police protection. According to us, it should be done by the additional third respondent. The petitioner and the second respondent may appear before the third respondent along with a copy of this order on 21.1.2008 by 11 a.m. In that event, the third respondent will hear the petitioner and the second respondent and render a decision whether the members of the second respondent were hitherto doing the work or not or WP(C) 318/08 -: 2 :- whether the petitioner was doing the loading and unloading work using his own workmen. If the decision is in favour of the petitioner, he can do the work using his own workmen and if the members of the second respondent cause any obstruction, the petitioner may inform the first respondent and in that event,the first respondent will remove the obstruction. But if the decision is in favour of the second respondent, the petitioner has to engage the workmen belonging to the second respondent for doing loading and unloading work. The aggrieved parties can work out their remedies if the decision goes against them. After hearing both sides, the Assistant Labour Officer will render a decision preferably on the same day itself or at any rate on 22.1.2008. Post the case after one week in the 500 list. K.Balakrishnan Nair, Judge. P.N.Ravindran, HO. Judge. ess 16/1