IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 WP(C).No. 29260 of 2011(F) -------------------------- PETITIONER(S): --------------- C.J.JOHNSON, S/O.LATE JOSEPH CHALAVEETTIL HOUSE, NEAR KALLANCHERRY,KUMBALANGHI P.O., COCHIN- 682 007. BY SR.ADV.N.N.SUGANAPALAN ADV.SRI.M.PREMKUMAR RESPONDENT(S): --------------- 1. ANTONY JOHN @ THANKACHAN CONVENOR,INTUC HEAD LOAD WORKERS' UNION RESIDINGNG AT VELIPARAMBIL HOUSE, KUMBALANGHI SOUTH,KUMBALANGHI,COCHIN- 682 007 2. SATHEESH, THYVANCHEDATHU HOUSE POOL LEADER,CITU HEAD LOAD WORKERS UNION UNION RESIDING AT THYVACHEDATHU HOUSE, KUMBALANGHI,COCHIN- 682 007 3. THE SUB INSPECTOR OF POLICE, PALLURUTHY,COCHIN- 682 006 4. THE CIRCLE INSPECTOR OF POLICE, PALLURUTHY,COCHIN- 682 006 5. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001 * ADDITIONAL R6: THE DISTRICT EXECUTIVE OFFICER, KERALA HEAD LOAD WORKERS WELFARE BOARD, COCHIN. IS IMPLEADED AS PER ORDER DATED 9/11/2011. ADV. SRI.K.MOHAN FOR R1-2 SR.GOVT.PLEADER, SRI.M.K.ABOOBACKER FOR R3-5 ADV. SRI.KOSHY GEORGE FOR R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SU W.P.(C).NO.29260/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE SSI CERTIFICATE OBTAINED BY THE PETITIONER ON 10.05.2010 EXT.P2 COPY OF THE IDENTITY CARD ISSUED TO SHIBU V.K. BY THE ASSISTANT LABOUR OFFICER,KOCHI 1ST CIRCLE IB 04.04.2011 EXT.P3 COPY OF THE IDENTITY CARD ISSUED TO SHAJI K.P BY THE ASSISTANT LABOUR OFFICER,KOCHI 1ST CIRCLE ON 4.04.2011 EXT.P4 COPY OF THE DEMAND NOTICE NO.13/10-19 DATED 23.03.2011 ISSUED BY THE KERALA STATE FINANCIAL ENTERPRISES LTD,KUMBALANGHI BRANCH. EXT.P4(A) COPY OF THE DEMAND NOTICE NO.RCL-11H DATED 23.03.2011 ISSUED BY THE KERALA STATE FINANCIAL ENTERPRISES LTD, KUMBHALANGHI BRANCH. EXT.P5 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ON 25.10.2011 RESPONDENTS' EXHIBITS: NIL. /TRUE COPY/ P.A TO JUDGE SU PIUS C. KURIAKOSE & K. HARILAL, JJ ---------------------------------------- W.P.(C) No. 29260 OF 2011 ------------------------------------------ Dated this the 17th day of November, 2011. J U D G M E N T Pius C. Kuriakose, J. The petitioner claims to be the owner of a small scale hollow bricks manufacturing unit where he has engaged only two workers who have identity cards Exhibits P2 and P3 in terms of Rule 26 A (3) of the Kerala Head load Workers Welfare Funds Act and Rules. 2. According to him, as his unit is a very small one, the entire loading and unloading works in his unit is carried out by himself and his registered workers. He alleges that he could not proceed with the manufacture because of the obstruction caused by the members of the trade unions led by the 1st and 2nd respondents This is illegal and unsustainable. Hence this writ petition seeking police protection for carrying out works in his manufacturing unit by the petitioner himself and his registered workers. 3. On considering this writ petition for admission, we impleaded the District Executive Officer of the Kerala Head Load Workers Welfare Board as additional 6th respondent and additional 6th respondent appeared W.P.(C) No. 29260 OF 2011 2 through Standing Counsel Adv. Sri. Koshy George. Respondents 1 and 2 have entered appearance through Adv. Shri. K. Mohanan. 4. We heard Adv. Shri. N.N. Suganapalan, senior counsel for the petitioner, Adv. Shri. K. Mohanan for respondents 1 and 2 and learned standing counsel for the additional 6th respondent. We have considered the materials placed on record by the petitioner. It was submitted by the learned counsel for the additional 6th respondent that area in question is one where the Head load workers welfare scheme has been implemented. It was also submitted that the workers who have been issued Ext.P2 and P3 identity cards are registered workers. The submission of the counsel for the respondents 1 and 2 was that after the dispute involved in this writ petition arose, the conciliation meeting was convened by the 3rd respondent, Sub Inspector of Police and in the said meeting, an agreement to the effect that the work in the petitioner's unit to be carried outside the premises will be given to the members of the respondents 1 and 2 were entered into. The counsel submitted that the agreement should be given effect to. 5. Mr. N.N. Sugathapalan Senior counsel replied and submitted W.P.(C) No. 29260 OF 2011 3 that the above agreement which is executed in the police station is not binding on the petitioner. Petitioner's unit is a small unit and enforcement of the above agreement will be detrimental to the petitioner. 5. We have considered the rival submissions addressed as well as the materials on record, particularly Ext.P2 and P3. We are of the opinion that so long as the petitioner has registered workers and he himself is working in his unit, the members of the respondent 1 and 2 are not entitled to interfere with the work by the petitioner and petitioner's registered workers. However, if the petitioner needs the service of any workers from outside, the petitioner will be bound to accept the services of the workers belonging to the pool which is alloted to the area in question. This writ petition therefore disposed of directing 3rd and 4th respondents to give adequate police protection if the petitioner is obstructed in the matter of carrying out loading and unloading work in his unit by himself and by engaging his own registered workers. PIUS C. KURIAKOSE, JUDGE K. HARILAL, JUDGE Scl.