IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 17TH FEBRUARY 2011 / 28TH MAGHA 1932 WP(C).No. 19115 of 2009(H) --------------------------------------- PETITIONER(S): ---------------------- K.K.PRADEEP, EXECUTIVE PARTNER, M/S.BEST ENGINEERING CO., DOOR NO.16/1017 A, 4B, P.K.COMPLEX, NEAR SAIBABA MANDIR, KALLAI ROAD, KOZHIKODE-673 002. BY ADVS. SRI.N.NAGARESH SRI.BINU PAUL SRI.T.V.VINU RESPONDENT(S): ------------------------- 1. CIRCLE INSPECTOR OF POLICE, TOWN POLICE STATION, K.P.KESAVA MENON ROAD, KOZHIKODE. 2. SUB INSPECTOR OF POLICE, TOWN POLICE STATION, K.P.KESAVA MENON ROAD, KOZHIKODE. 3. DISTRICT HEADLOAD WORKERS UNION (CITU), REPRESENTED BY ITS SECRETARY, ANNIE HALL ROAD, KOZHIKODE. 4. ASSISTANT LABOUR OFFICER, KOZHIKODE CIRCLE-II, KOZHIKODE. BY GOVT. PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.19115/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE REGISTRATION CERTIFICATE NO.852 DTD. 22.4.2009 ISSUED BY THE 4TH RESPONDENT. P2:- COPIES OF THE IDENTITY CARDS ISSUED TO M/S. ABDULLAKOYA AND A.PRIYESH BY THE 4TH RESPONDENT. P3:- COPY OF THE LETTER DTD. 5.5.09 SENT TO THE 3RD RESPONDENT. P4:- COPY OF THE APPLICATION DTD. 25.5.2009 SUBMITTED TO THE 4TH RESPONDENT. P5:- COPY OF THE LETTER DTD. 12.6.2009 SUBMITTED TO THE 4TH RESPONDENT. P6:- COPY OF THE COMPLAINT DTD. 29.6.2009 SUBMITTED TO THE 2ND RESPONDENT ALONGWITH ITS RECEIPT. P7:- COPY OF THE COMPLAINT DTD. 2.7.2009 SUBMITTED TO THE IST RESPONDENT ALONGWITH ITS RECEIPT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE yss THOTTATHIL B.RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. ----------------------------------- W.P(C).No.19115 OF 2009 ------------------------------------ Dated this the 17th day of February, 2011 JUDGMENT Thottathil B.Radhakrishnan,J. This writ petition says that he has two permanent and regular headload workers in his establishment, registered in terms of the provisions of the Kerala Headload Workers Act and Rules. That establishment was shifted from Wayanad Road to Kallai Road in Calicut. The petitioner complains about obstruction to work. The 3rd respondent, though served with notice, does not object to the writ petition. Heard learned counsel for the petitioner and learned Government Pleader. If the petitioner has registered workers, there is no reason why there is objection from other local workers. WPC.19115/09 2 Hence, we direct that the second respondent will ensure that no obstruction is caused to the loading and unloading work of the petitioner's establishment by registered permanent workers as evidenced by Ext.P2. We make the interim order dated 8.7.2009 absolute and order the writ petition accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- S.S.SATHEESACHANDRAN, Judge. kkb.18/2.