IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 WP(C).No. 6830 of 2009(W) ------------------------- PETITIONER: --------------- T.K.SADASIVAN, S/O.KANNAN KUNJU, THAYYAPIRA HOUSE, POIKATTUSSERY, CHENGAMADU, ERNAKULAM., M/S.SANESH BRICKS PRODUCTS, ELAVOOR. BY ADV. SRI. RAJEEV.K.S RESPONDENTS: --------------- 1. DISTRICT COLLECTOR, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, ANGAMALY. 3. SUB INSPECTOR OF POLICE, ANGAMALY. 4. P.K.CHANDRFAN, AGED 35, S/O.KARTHU, PALLITHARA HOUSE, MUTTAHARA, ELAVOOR, ERNAKULAM DISTRICT. 5. BALAN.P.K., AGED 35, S/O.KANNANKUNJI, PALLITHARA HOUSE, MUTTAHARA, ELAVOOR, ERNAKULAM DISTRICT. 6. SUPRENTENDENT OF POLICE, ERNAKULAM RURAL, OFFICE OF THE SUPRENTENDENT OF POLICE, ALUVA. ADV. SRI.C.A.JOY FOR R4&5 GOVT. PLEADER SRI. P.A. SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) 6830/2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF LICENCE ISSUED BY PARAKADAVU PANCHAYATH. EXT.P2 TRUE COPY OF LICENCE ISSUED BY D.M.O. ERNAKULAM. EXT.P3 TRUE COPY OF COMPLAINT TO CIRCLE INSPECTOR OF POLICE, ANGAMALY DATED 11.2.2009. RESPONDENTS' EXHIBITS: EXT.R5(A) PHOTOCOPY OF THE REGISTRATION CARD OF THE 5TH RESPONDENT. EXT.R5(B) PHOTOCOPY OF WORK CARD DATED 3.6.2008. EXT.R5(C) PHOTOCOPY OF THE RELEVANT PAGE OF WAGE RATES PUBLISHED BY THE COMMITTEE. EXT.R5(D) TRUE COPY OF THE COMPLAINT DATED 7.3.2009 SUBMITTED TO THE KERALA HEADLOAD WORKERS WELFARE BOARD, ALUVA COMMITTEE. EXT.R5(E) TRUE COPY OF THE COMPLAINT DATED 7.3.2009 SUBMITTED TO THE ASST. LABOUR OFFICER, ANGAMALY. // TRUE COPY// P.S. TO JUDGE KNC/- P.R. RAMAN & P. BHAVADASAN, JJ. = = = = = = = = = = = = = = = = = = = = WP(C) NO. 6830 OF 2009 = = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 17TH DAY OF JUNE, 2009. J U D G M E N T Raman, J. This is a petition for police protection. Petitioner is stated to be engaged in the manufacture and sale of cement bricks. His unit is situated in Parakkadavu Village and he has got permanent workers attached to his manufacturing unit. Since cement is one of the raw material for the manufacture of bricks, according to the petitioner, he bring cement once or twice in a month and therefore, the work connected with loading and unloading of such cement bags is incidental to his main business. Placing reliance on the decision reported in Raghavan v. Superintendent of Police (1998 (2) KLT 732), he submits that since he has already employed permanent workers, the incidental work of loading and unloading can be carried out with such permanent workers employed by him and that respondents 4 and 5 have no right to insist for employment. in his unit. 2. At the time of admission, this Court granted an interim direction for police protection which still continues. The question as to whether the WP(C) 6830/2009 :2: loading and unloading of cement bags is incidental to the main work is a question of fact. However, since Respondents 4 and 5 claim right of employment under the Kerala Head Load Workers Act and the Scheme thereunder and as they have moved the Assistant Labour Officer by preferring Ext.R5(E) complaint, that authority will enter upon conciliation of the dispute and act in accordance with law. In case the conciliation fails, naturally, he will refer the matter to the District Labour Officer, who on receipt of the failure report, will decide the matter in accordance with law. Till such time a decision is finally taken, the interim order will continue and thereafter, the matter will be governed by the orders passed by the adjudicating authority. The writ petition is disposed of as above. P.R. RAMAN, JUDGE. P. BHAVADASAN, JUDGE. KNC/-