IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 WP(C).No. 19013 of 2008(L) -------------------------- PETITIONER: ------------ C.A.ANTONY (TRICHUR) COMPANY KODIMATHA, KOTTAYAM, REPRESENTED BY ITS MANAGING DIECTOR, C.A. JOHN, BY ADV. SRI.N.P.SETHU RESPONDENTS: ------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, KOTTAYAM 2. THE SUB INSPECTOR OF POLICE CHINGAVANAM. 3. DISTRICT LABOUR OFFICER KOTTAYAM 4. CONVENOR, HEADLOAD WORKERS UNION (BMS) KODIMATHA, KOTTAYAM. BY ADV. SRI.N.NAGARESH FOR R4 GOVERNMENT PLEADER, SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.19013/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE FIR IN CRIME NO.207/08 OF CHINGAVANAM POLICE STATION. EXT.P2(a): THE NEWS ITEM REPORETED IN MALAYALA MANORAMA, DT.23.5.2008. EXT.P2(b): THE NEWS ITEM REPORTED IN MADHYAMAM DAILY DT.23.5.2008. EXT.P3: COPY OF THE COMPLAINT DT.3.6.2008 ACKNOWLEDGING RECEIPTS OF THE SAME BY THE 3RD RESPONDENT. EXT.P4(a): COPY OF THE APPLICATION SUBMITTED BY MR.SHIBU A.G. WHO IS A SKILLED WORKER OF THE PETITIONER DT.11.6.2008 BEFORE THE 3RD RESPONDENT UNDER SECTION 26A OF THE HEARLOAD WORKERS ACT. EXT.P4(b): COPY OF THE APPLICATION SUBMITTED BY MR.JOY LONAPPAN WHO IS A SKILLED WORKER OF THE PETITIONER DT.11.6.2008 BEFORE THE 3RD RESPONDENT UNDER SECTION 26A OF THE HEARLOAD WORKERS ACT. EXT.P4(c): COPY OF THE APPLICATION SUBMITTED BY MR.JOHN M.J. WHO IS A SKILLED WORKER OF THE PETITIONER DT.11.6.2008 BEFORE THE 3RD RESPONDENT UNDER SECTION 26A OF THE HEARLOAD WORKERS ACT. RESPONDENT'S EXTS: EXT.R4(a): COPY OF THE WAGE STRUCTURE APPLICABLE IN THE AREA. EXT.R4(b): COPY OF THE FIR IN CRIME NO.208/08 DT.22.5.2008 REGISTERED AT THE CHINGAVANAM POLICE STATION. EXT.R4(c): COPY OF THE LETTER DT.18.6.2008 SUBMITTED TO THE ASSISTANT LABOUR OFFICER, KOTTAYAM. EXT.R4(d): COPIES OF THE IDENTITY CARDS ISSUED BY THE ASST.LABOUR OFFICER, KOTTAYAM DISTRICT CIRCLE. //TRUE COPY// PA TO JUDGE. K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ---------------------------------------- W.P.(C) No.19013 OF 2008 ---------------------------------------- Dated this the 17th day of July, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner is a dealer in vitrified tiles and other allied materials. He claims he has his own workmen to do the loading and unloading work in his establishment. Handling tiles is a specialised job, which cannot be done by the unattached headload workers of the area. While so, the members of the 4th respondent trespassed into the petitioner's premises demanding “Nokkucoolie” and manhandled him and his wrokmen. Based on the information lodged before the police about the said incident, Ext.P1 crime has been registered against the members of the 4th respondent, Union, for the offences under Sections 143, 147, 323, 324, 447, 341 and 427 of the Indian Penal Code. He has also moved the District Labour Officer, Kottayam, by filing Ex.P3 representation, pointing out the illegal actions of the members of the 4th respondent. The petitioner further submits the attached headload workers of the petitioner have moved the W.P.(C) No.19013/2008 2 Assistant Labour Officer for registering them under Rule 26 A of the Kerala Headload Workers Rules. Thereafter, this writ petition is filed seeking necessary protection to do the loading and unloading of tiles and other allied materials in the petitioner's shop using the expert employees mentioned by him in Paragraph 7 of the writ petition. 2. The 4th respondent has filed a counter affidavit denying the allegations of the petitioner. The said respondent submits that the members of the 4th respondent were doing the loading and unloading work in the petitioner's establishment all along. Only, very recently, they have been denied employment and the petitioner has brought registered workmen from outside the area. He is also engaging unregistered workmen of him. The Union has already taken up the matter before the Labour Officer concerned. It is also submitted that the Union have no intention, whatsoever, to physically obstruct the petitioner or manhandle him or his workmen. They propose to take recourse to the remedies available to them under law. W.P.(C) No.19013/2008 3 3. The learned Government Pleader, upon instructions, submitted that after the incident, based on which Ext.P1 crime has been registered, at present, there is no law and order problem and the petitioner is doing the loading and unloading work using workmen of his own choice. 4. We record the submission of the 4th respondent that it has no intention to physically harm the petitioner or obstruct the work in his establishment. If the statutory authority upholds the right of the members of the 4th respondent to do the loading and unloading work, the said respondent will be relieved of the above undertaking, recorded by us. The writ petition is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps