IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 WP(C).No. 1554 of 2008(I) ------------------------- PETITIONER: ------------ P.S.MUHAMMED SALAHUDHEEN, S/O.SAIDU MUHAMMED, AGED 42 YEARS, KAIPOORIKKARA, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.JIJO PAUL RESPONDENTS: ------------- 1. THE SUPERINTENDENT OF POLICE, ERNAKULAM (RURAL). 2. THE SUB INSPECTOR OF POLICE, THADIYITTA PARAMBU, ERNAKULAM DISTRICT. 3. A.P.ANTONY, CONTRACTOR, A.V.T.LADS CENTER, AMBARATHINKAL HOUSE, PANAMPILLY NAGAR, ERNAKULAM. 4. SIDDIQUE, KAVUNGAL HOUSE, KAIPOORIKKARA, VADAKKE EZHIPURAM KARA, MARAMPILLY P.O., ERNAKULAM DISTRICT. 5. ANI, KOLLAMPARAMKUDI, S/O.KOCHUKALU KURUMBAN, VADAKKE EZHIPURAM KARA, MARAMPILLY P.O., ERNAKULAM DISTRICT. 6. NAJEEB, S/O.HASSANKUTTY, PUTHUSSERY HOUSE, VADAKKE EZHIPURAM KARA, MARAMPILLY P.O., ERNAKULAM DISTRICT. 7. MUHAMMED KUNJU, S/O.ABDUL KHADER, THYLAN HOUSE, VADAKKE EZHIPURAM KARA, MARAMPILLY P.O., ERNAKULAM DISTRICT. WPC 1554/2008 8. KERALA HEADLOAD WORKERS WELFARE BOARD, PERUMBAVOOR LOCAL COMMITTEE, KUTTAN PILLA ROAD, PERUMBAVOOR, REPRESENTED BY ITS CHAIRMAN. ADDL. RESPONDENTS: 9. K.M.JALAL, AGED 40, S/O.MUSTHAFA, KUTTIKKATTU HOUSE, MARAMPILLY P.O., KAIPOORIKKARA, ALUVA -7 (CARD NO.07/07/1302/92) 10.M.P.MANI, AGED 35, S/O.PENGAN, MANACKAMALI HOUSE, MARAMPILLY P.O., ALUVA – 7 (CARD NO.07/07/1319/92) 11.T.B.SALAM, AGED 36, S/O.BEERAN, KUMBALATHU HOUSE, MARAMPILLY P.O., KAIPOORIKKARA, ALUVA-7 (CARD NO.07/07/1291/92) (IMPLEADED AS ADDL.R9 TO R11 AS PER ORDER IN IA NO.931/2008 DT.17.1.2008) 12. THE ASSISTANT LABOUR OFFICER, PERUMBAVOOR. (IMPLEADED AS ADDL.R12 AS PER ORDER IN IA NO.1207/2008 DT. 23.1.2008) BY ADV. SRI.P.A.MOHAMMED SHAH SRI.RENIL ANTO KANDAMKULATHY – SC FOR R8 GOVT. PLEADER SRI.P.A.SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Balakrishnan Nair, J. After hearing both sides, we passed an interim order on 25.1.2008 in this Writ Petition. In view of the said interim order, no further orders are required in this Writ Petition. If any one is aggrieved by the decision of the Assistant Labour Officer, he will be free to challenge it in appropriate proceedings. Subject to that right, the Writ Petition is closed. 8.2.2008. SD/- K.BALAKRISHNAN NAIR, JUDGE. SD/- P.N.RAVINDRAN, JUDGE. /TRUE COPY/ K.Balakrishnan Nair & P.N.Ravindran, JJ. ======================== W.P(C).No.1554 of 2008 ======================== Dated this the 25th day of January, 2008. ORDER Balakrishnan Nair,J. The petitioner is the convenor of pool No.143 of head load workers pool under the eighth respondent - Kerala Head load Workers Welfare Board, Perumbavoor. Respondents 4 to 7 and 9 to 11 are the head load workers of a locality called "Kaipoorikkara" in Perumbavoor. A new godown of A.V.T. Company was started functioning in that locality. The petitioner claims exclusive right to do the loading and unloading work for the members of his pool. The aforementioned party respondents, who are local head load workers are causing obstruction to the members of the said pool. Therefore, after representing before the police to grant protection, this writ petition is filed. 2. The party respondents mentioned above claimed that they were doing the work in that area all along and therefore, in the new godown also they are entitled to do the work, it is WP(C) 1554/08 -: 2 :- submitted. We heard the the learned Government Pleader for the official respondents and also the Standing Counsel for the eighth respondent. 3. The police is not authorised or competent to decide who among the competent groups of workmen are eligible to do the work. We think, it is not proper for us to decide that disputed question. 4. Having regard to the facts of the case, the Assistant Labour Officer, Perumbavoor is directed to hear the petitioner and also the representative of the party respondents and decide who are entitled to do the loading and unloading work available in the aforementioned newly opened godown. The petitioner and the party respondents may appear before the Assistant Labour Officer, Perumbavoor on 30.1.2008 at 11 a.m. along with a copy of this order. The said officer shall hear both sides and render a decision preferably on the said date itself. The workmen, who are found eligible to do the work by the Assistant Labour Officer can do the work and if anybody is causing obstruction, they can move the police. In that event, the police will remove the obstruction. If anybody is aggrieved by the decision, he can work WP(C) 1554/08 -: 3 :- out his remedy before him. If the decision of the Assistant Labour Officer is modified in appropriate proceedings, the direction given by us to grant protection to implement the order of the Assistant Labour Officer will also stand appropriately modified. Post after one week. K.Balakrishnan Nair, Judge. P.N.Ravindran, H.O. Judge. ess 25/1