IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 6TH APRIL 2011 / 16TH CHAITHRA 1933 WP(C).No. 7737 of 2009(J) --------------------------------------- PETITIONER(S): ------------------------ VADAKKAL WAREHOUSES, PANCHAYATH JUNCTION, MUPPATHADAM (PO), ALUVA REPRESENTED BY ITS MANAGING PARTNER, VINU THOMAS, SON OF THOMAS, AGED 34 YEARS, VADAKKAL ESTATE, ALUPURAM (PO), KUTTUKKATTU KARA, ELOOR. BY ADVS. SRI.P.M.ZIRAJ, SRI.GEO GEORGE. RESPONDENT(S): --------------------------- 1. THE SUPERINTENDENT OF POLICE, ERNAKULAM (RURAL), ALUVA. 2. THE CIRCLE INSPECTOR OF POLICE, CHENGAMANADU POLICE STATION, ERNAKULAM DISTRICT. 3. THE SUB INSPECTOR OF POLICE, BINANIPURAM POLICE STATION, ERNAKULAM DISTRICT. 4. THE SECRETARY, INTUC, MILLUPADY, MUPPATHADAM (PO), ALUVA. 5. THE SECRETARY, CITU, MILLUPADY, MUPPATHADAM (PO), ALUVA. R1 TO R3 BY GOVERNMENT PLEADER SMT. C.M. CHARISMA R4 & R5 BY ADV. SRI.DINESH MATHEW J.MURICKEN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/04/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.7737/2009 J APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPLICATION DTD. 01/01/2009 SUBMITTED BY MR. VICTOR BLESSON BEFORE THE ASSISTANT LABOUR OFFICER (A.L.O.), NORTH PARAVOOR. P2: COPY OF THE APPLICATION DTD. 01/01/2009 SUBMITTED BY MR. JAMAL BEFORE THE ASSISTANT LABOUR OFFICER (A.L.O), NORTH PARAVOOR. P3: COPY OF THE APPLICATION DTD. 01/01/2009 SUBMITTED BY MR. SUBASH BEFORE THE ASSISTANT LABOUR OFFICER (A.L.O.), PARAVOOR. P4: COPY OF THE APPLICATION DTD. 01/01/2009 SUBMITTED BY MR. SABAREENATH BEFORE THE ASSISTANT LABOUR OFFICER (A.L.O), NORTH PARAVOOR. P5: COPY OF THE ABOVE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DTD. 07/03/2009. P6: COPY OF THE IDENTITY CARD DTD. 16/09/2009 ISSUED TO MR.VICTOR BLESSON BY ASSISTANT LABOUR OFFICER, NORTH PARAVOOR. P7: COPY OF THE IDENTITY CARD DTD. 16/09/2009 ISSUED TO MR.JAMAL BY ASSISTANT LABOUR OFFICER, NORTH PARAVOOR. P8: COPY OF THE IDENTITY CARD DTD. 16/09/2009 ISSUED TO MR.SUBASH BY ASSISTANT LABOUR OFFICER, NORTH PARAVOOR. RESPONDENT'S EXHIBITS: R4: COPY OF THE REPRESENTATION SUBMITTED BY THE RESPONDENTS 4 AND 5 UNION BEFORE THE ASST. LABOUR OFFICER, NORTH PARAVUR DTD. 13/03/2009. R4(2): COPY OF THE COMMUNICATION ISSUED BY THE ASST.LABOUR OFFICER, NORTH PARAVUR DTD. 25/03/2009. /TRUE COPY/ P.A.TO JUDGE Kss R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.7737 of 2009-J ***************************** Dated this the 6th day of April, 2011 JUDGMENT BASANT, J. Petitioner has come to this Court seeking issue of directions under Article 226 of the Constitution of India to respondents 1 to 3 to afford police protection to the petitioner against illegal, violent and culpable obstruction of work of loading and unloading in the petitioner's establishment emanating from respondents 4 and 5. 2. According to the petitioner, the petitioner is a partnership establishment. There is loading and unloading work in the establishment. The petitioner had submitted applications for registration of attached workers. Exts.P1 to P4 are the applications submitted. The petitioner is entitled to get the work done through employees of his own. The area is a scheme covered area. Respondents 4 and 5 are causing illegal obstructions to the work being carried out by such workmen appointed by the petitioner. In these circumstances, directions were claimed. W.P(C) No.7737 of 2009-J 2 3. Respondents 4 and 5 have entered appearance. According to them, the area being a scheme covered area, respondents 4 and 5 are entitled to get the work in the petitioner's establishment allotted to them. 4. The learned counsel for the petitioner now submits that after the filing of this petition, Exts.P1 to P4 applications have been considered by the Assistant Labour Officer, North Paravur and 3 of those 4 applications have been allowed. 3 workmen have been registered as attached permanent workmen of the petitioner. The petitioner is, in these circumstances, entitled to get the work of loading and unloading in his establishment performed by the said 3 registered workmen. 5. Today when the matter came up for hearing, there is no representation for respondents 4 and 5. The learned Government Pleader accepts that the 3 workmen shown in Exts.P6 to P8 have been registered as attached workmen of the petitioner. 6. We are satisfied, in these circumstances, that the prayer in this petition can be allowed. 7. In the result: a) This Writ Petition is allowed; W.P(C) No.7737 of 2009-J 3 b) Respondents 1 to 3 are directed to afford police protection to the petitioner to get the work of loading and unloading in his establishment done by the 3 registered attached workers of the petitioner's establishment, whose identity cards are produced as Exts.P6 to P8. 8. It is made clear that the petitioner shall be entitled to get the work done only by the said 3 registered workmen. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/