IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 WP(C).No. 4 of 2009(A) ----------------------------------- PETITIONER(S): ------------------------- VEE YEM TRADE LINKS, 6/1513, IRUMBICHI, MATTANCHERRY, KOCHI-682002, REP. BY ITS MANAGING PARTNER, P.A.ABDUL WAHID, 36 YEARS, S/O.P.A. ABDUL AZEEZ. BY ADVS. MR.H.B.SHENOY MR .B.ASHOK SHENOY SMT.LAKSHMI B.SHENOY MR.ABU MATHEW MR.SOBHAN GEORGE MT.THOMAS P.MAKIL RESPONDENT(S): --------------- 1. S.I. OF POLICE, MATTANCHERRY POLICE STATION, MATTANCHERRY, KOCHI-68202. 2. COCHIN THURUMUGHA THOZHILALI UNION CITU REP. BY ITS GENERAL SECRETARY, BRISTOW ROAD, WILINGDON ISLAND, KOCHI-682003. MR .B.N.SIVASANKAR BY GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.4/2009 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE IDENTITY CARD ON 7.4.08 DT. NIL ISSUED BY ASSISTANT LABOUR OFFICER, 2ND CIRCLE, KOCHI. P2:- COPY OF THE IDENTITY CARD NO.7.4.124/08 DT. NIL ISSUED BY ASSISTANT LABOUR OFFICER, 2ND CIRCL , KOCHI. P3:- COPY OF THE IDENTITY CARD NO.7/4/125/2008 DT. NIL ISSUED BY ASSISTANT LABOUR OFFICER, 2ND CIRCLE , KOCHI. P4:- COPY OF THE COMPLAINT DT. 29.12.08 SUBMITTED BY PETITIONER TO IST RESPONDENT. P5:- COPY OF THE RECEIPT NO.355793 DT. 29.12.08 ISSUED BY IST RESPONDENT TO PETITIONER. P6:- COPY OF THE DEED OF PARTNERSHIP DT. 16.6.08 IN RESPECT OF PETITIONER FIRM. P7:- COPY OF THE CERTIFICATE OF REGISTRATION NO.74543 DT. 19.12.08 ISSUED TO PETITIONER BY COMMERCIAL TAX OFFICER I CIRCLE, MATTANCHERRY, KOCHI 682002. P8:- COPY OF THE INSPECTION NOTE NO.EKM/11345 DT. 29.10.08 ISSUED TO PETITIONER BY ASST. LABOUR OFFICER , 2ND CIRCLE , KOCHI. RESPONDENT'S EXHIBITS R2(A):- COPY OF THE REGISTRATION GIVEN TO THE WORKERS IN THE AREA. R2(B):- COPY OF THE RECEIPTS ISSUED IN THE YEAR 2008. R2(C):- COPY OF THE IDENTITY CARD ISSUED TO M.NOUSAHD. R2(D):- COPY OF THE MINUTES DT. 14.3.08 OF THE MATTANCHERY LOCAL COMMITTEE. R2(E):- COPY OF THE PREMISES FROM WHICBH BUSINESS IS CARRIED. R2(F):- COPY OF THE RECEIPT ISSUED IN THE NAME OF V.M. TRADES. R2(G):- COPY OF THE COMPLAINT FILED BY THE 2ND RESPONDENT UNION. /TRUE COPY/ P.S. TO JUDGE tss J.B. Koshy,Ag.C.J. & P. Bhavadasan, J. ---------------------------------------- W.P.(C) No. 4 of 2009 - A ---------------------------------------- Dated this the 9th day of February, 2009 Judgment Koshy, Ag.C.J. Petitioner is a partnership firm engaged in the business of dealing in scrap. It is the case of the petitioner that it is a new establishment, that it has three workers and that those workers have got registration under rule 26A of the Kerala Headload Workers Rules even though the area where the business is carried out is a scheme covered area. But, second respondent and its supporters are obstructing their work. Learned counsel for the second respondent submitted that registration was not obtained as per the Rules. It is also submitted that one Noushad on whom registration was obtained in the area had obtained the registration fraudulently. It is also submitted that labour disputes are pending. When a newly established firm has got registered workers and loading and unloading work can be done only with those registered workers, others have no right to obstruct their work. Whether registration was obtained fraudulently or not has to be decided only by a fact finding authority and persons who have not obtained registration W.P.(C) No.4/2009 2 have to approach the Labour Officer as provided under the Headload Workers Act. Nobody can take law into their hands. Therefore, first respondent should provide adequate police protection if loading and unloading work is carried out by the three workers covered in Exts.P1 to P3. However, this direction is without prejudice to the right of the unions or workers in obtaining appropriate orders from the statutory authorities as provided under the Headload Workers Act. The writ petition is disposed with the above observations. J.B.Koshy Acting Chief Justice P. Bhavadasan Judge vaa