IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 WP(C).No. 7184 of 2008(E) ------------------------- PETITIONER: ------------------- GLOBAL SHIPPING AGENCIES (INDIA) PVT. LTD., BRISTOW ROAD, WILLINGDON ISLAND, COCHIN-3, REPRESENTED BY ITS MANAGER P.K.SREENIVASAN BY ADV. SRI.P.K.RAVISANKAR RESPONDENT(S): ------------------------- 1. KERALA HEAD LOAD WORKERS WELFARE BOARD, COCHIN PORT TRUST AREA COMMITTEE, D L B JUNCTION, COCHIN-3. 2. COCHIN THURAMUGHA THOZHILALI UNION, BRISTOW ROAD, WILLINGDON ISLAND, COCHIN-3. 3. V.M.AJITH, HEADLOAD WORKER, CASHEW DIVISION, COCHIN PORT AREA, COCHIN-3. 4. SADIQ, HEADLOAD WORKER, BAGGAGE DIVISION, COCHIN PORT AREA, COCHIN-3. R1 BY ADV. SRI.KOSHY GEORGE, SC, KHLWWB R2 BY ADVS. SRI.K.HARILAL SRI.R.GOPAN R3, 4 BY ADVS. ADV. SRI.PMA.KALAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7184 of 2008(E) ----------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS ------------------------------------ EXT.P1. COPY OF THE LETTER DATED 27.11.2006 ISSUED BY THE TRAFFIC MANAGER OF COCHIN PORT TRUST. EXT.P2. COPY OF THE LETTER DATED 21.2.2008 ISSUED BY THE 1ST RESPONDENT. EXT.P3. COPY OF THE MINUTES OF THE MEETING OF THE 1ST RESPONDENT DATED 24.1.2008 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P4. COPY OF THE LETTER DATED 20.2.2008 ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT. EXT.P5. COPY OF THE LETTER DATED 21.2.2008 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS : NIL. ------------------------------------ / TRUE COPY / P.A. TO JUDGE VK P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.7184 of 2008 ------------------------------- Dated this the 4th day of August, 2011 J U D G M E N T The petitioner, a private limited company engaged in the business of Shipping, Freight forwarding and Transporting, has filed this writ petition challenging Exts.P2 and P3 notices issued by the first respondent whereby the first respondent directed that the work of breaking seals of containers for the purpose of examination of the goods carried therein should be carried out by the headload workers of the pool authorised to carry out work in Cochin Port Trust area. The main ground of challenge to the impugned notices is that opening and closing of containers is not headload work. 2. The instant writ petition was filed on 28.2.2008. Section 2(m) of the Kerala Headload Workers Act, 1978 was amended by Act 27 of 2008 with effect from 8.8.2008 whereby the definition of the term “headload worker” in section 2(m) of the Kerala Headload Workers Act was amended to include a worker breaking the seals of containers. The petitioner has however not chosen to challenge the validity of the said amendment. The ground raised by the petitioner to challenge Exts.P2 and P3 notices no longer survives. Such being the W.P.(C) No.7184 of 2008 2 situation, I find no reason to quash Exts.P2 and P3 notices. The writ petition fails and it is dismissed. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No.7184 of 2008 JUDGMENT Dated:- 4th August, 2011 --------------------------------------