IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 WP(C).No. 29160 of 2011(T) -------------------------------- PETITIONER(S): ------------------ RISHAD, AGED 23 YEARS, S/O MUSTHAFA, MAIMOON ONION MERCHANTS, ALACHULLI, PARAPPUR, MALAPPURAM DISTRICT. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S): ------------------- 1. THE S.I OF POLICE, VENGARA, MALAPPURAM, PIN-676 304. 2. THE HEADLOAD AND GENERAL WORKERS UNION (C.I.T.U) KOTTAKKAL, MALAPPURAM DISTRICT. REPRESENTED BY ITS SECRETARY. PIN-676 503. 3. THE HEADLOAD AND GENERAL WORKERS UNION (S.T.U), KOTTAKKAL, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY PIN-676 503. WP(C).No. 29160 of 2011(T) -2- 4. ADDL.R4- THE DISTRICT EXECUTIVE OFFICER THE HEAD LOAD WORKERS WELFARE BOARD MALAPPURAM. (ADDL.R4 IS SUO MOTO IMPLEADED AS PER ORDER DATED 02.11.11) ADV. SRI.KOSHY GEORGE FOR ADDL.R-11 SRI.V.P.PRASAD FOR R2 SRI.P.M.RAFIQ FOR R3 SR. GOVT. PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29160 of 2011(T) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE LICENCE ISSUED BY THE PARAPPUR PANCHAYATH. EXT.P2A:- TRUE COPY OF THE IDENTITY CARD. EXT.P2B:- TRUE COPY OF THE IDENTITY CARD. EXT.P2C:- TRUE COPY OF THE IDENTITY CARD EXT.P2D:- TRUE COPY OF THE IDENTITY CARD EXT.P3:- TRUE COPY OF THE COMPLAINT FILED BEFORE THE 1ST RESPONDENT. RESPONDENTS EXTS EXT.R2(a):- ORDER DT.07/12/11 OF THE DIST. LABOUR OFFICER, MALAPPURAM //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ W. P. C. No.29160 of 2011 ------------------------------------------------ Dated this the 22nd day of December, 2011 JUDGMENT Pius C. Kuriakose, J Counsel for the contesting respondents submitted that the District Labour Officer, Malappuram has issued proceedings canceling the Rule 26A(3) registration granted to the permanent workers of the petitioners. Learned counsel requested that in view of the above proceedings, the interim protection granted be withdrawn. 2. Though on behalf of Sri.K.K.Mohammed Ravuf, Smt.Bindu, the learned counsel sought for an adjournment we are not inclined to grant the same. We withdraw the interim protection directions. We dispose of the Writ Petition without granting the reliefs. However, we make it clear that it will be open to the petitioner either to challenge the proceedings of the District Labour Officer or to challenge the further order which may be passed by the Assistant Labour W. P. C. No.29160 of 2011 -2- Officer pursuant to the above proceedings dated 07/12/11 in accordance with law. It is needless to mention that the petitioner will have the liberty to approach this Court again for police protection if his workers are finally issued with cards. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE