IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 WP(C).No. 18733 of 2009(J) --------------------------------------- PETITIONER(S): ----------------------- CUBIX ENGINEER (P),LTD., INDUSTRIAL DEVELOPMENT AREA, ERUMATHALA, ALUVA EAST, ALUVA, REP. BY ITS MANAGING DIRECTOR, PRINCE J. VALLURKUNNEL, AGED 45 YEARS, 17 D, EXPRESS ESTATE, KALOOR, ERNAKULAM, COCHIN – 682 017. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): ------------------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY, HOME DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAURAM -01. 2. DEPUTY SUPERINTENDENT OF POLICE, ALUVA CIRCLE, ALUVA. 3. CIRCLE INSPECTOR OF POLICE ALUVA CIRCLE, POLICE STATION, ALUVA- 683101. 4. SUB INSPECTOR OF POLICE,POLICE STATION, ALUVA – 683 101. 5. KERALA HEAD LOAD WORKERS UNION INTUC MUES UNIT, EDATHALA, REP. BY ITS SECRETARY, M.A. ABDUL KAREEM, REP. BY ITS SECRETARY, M.A. ABDUL KAREEM. 6. KERALA HEAD LOAD WORKERS UNION (CITU) MUES UNIT, EDATHALA, REP. BY ITS SECRETARY, P.K. BEERAN KUNJU. R1 TO R4 BY GOVT. PLEADER SMT.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.18733/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE IDENTITY CARD ISSUED BY LABOUR OFFICER TO EMPLOYEE OF PETITIONER. P2:- COPY OF THE IDENTITY CARD ISSUED BY LABOUR OFFICER TO EMPLOYEES OF PETITIONER. P3:- COPY OF THE ORDER 6.11.2007 OF THIS HONOURABLE COURT IN WPC. NO.31957/2007. P4:- COPY OF THE REPRESENTATION DTD. 2.7.09 SUBMITTED BY PETITIONER BEFORE THE 2ND,3RD AND 4TH RESPONDENTS. P5:- COPY OF THE IST INFORMATION REPORT DTD. 06/09 IN CRIME NO.1597/2009. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.18733 of 2009-J ***************************** Dated this the 16th day of March, 2011 JUDGMENT BASANT, J. Petitioner has come to this Court with this petition for issue of directions under Article 226 of the Constitution to respondents 2 to 4 to afford police protection to the petitioner for the peaceful and orderly conduct of his business without any obstruction from respondents 5 and 6. 2. According to the petitioner, he has got two registered attached workers under the Kerala Head Load Workers Act. The petitioner had occasion earlier to come to this Court and Ext.P3 order was passed in favour of the petitioner. The petitioner is getting the work of loading and unloading done with mechanical aid and with the help of his registered attached workers. Respondents 5 and 6 have no right to raise any objection/obstruction. It was hence prayed that directions may be issued under Article 226 of the Constitution. 3. Respondents 5 and 6 have been served. They have not entered appearance. Respondents 1 to 4 are represented by the learned Government Pleader. W.P(C) No.18733 of 2009 2 4. When the matter came up on 03.07.2009, the following interim order was passed by the Bench which dealt with the matter. “There will be an interim direction to the police to give protection for carrying out the work of loading and unloading, provided such work is carried out with mechanical aid.” That order was passed on 03.07.2009. Subsequently there has been no posting. The matter is now listed by the Registry for disposal. 5. When this petition came up for hearing, the learned counsel for the petitioner only prays that the interim order dated 03.07.09 may be made absolute. The petitioner shall not employ any worker, who does not have registration under the Kerala Head Load Works Act as attached workman, it is conceded. The learned Government Pleader submits that protection is being granted as directed on 03.07.2009 and the State has no objection against that interim order being made absolute. We note that respondents 5 and 6 have not raised any objection. We are satisfied that the prayer of the petitioner endorsed by the learned Government Pleader can be accepted. W.P(C) No.18733 of 2009 3 6. In the result: a) This Writ Petition is allowed; b) The interim order dated 03.07.2009 extracted above is made absolute; c) We make it clear that the petitioner is entitled to engage only his registered attached workers for getting the work of loading and unloading done. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/