IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 17TH MARCH 2011 / 26TH PHALGUNA 1932 WP(C).No. 7747 of 2011(P) --------------------------------------- PETITIONER(S): ------------------------ JOSEPH, S/O.THOMAS, AGED 39 YEARS, PULIKUNNEL, VALLANGHI, NEMMARA, CHITTOOR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.BABY MATHEW RESPONDENT(S): ----------------------------- 1. SUPERINTENDENT OF POLICE, PALAKKAD - 678 001. 2. DEPUTY SUPERINTENDENT OF POLICE, ALATHUR, PALAKKAD DISTRICT - 678 541. 3. SUB INSPECTOR OF POLICE, KOLLENGODE POLICE STATION, KOLLENGODE, PALAKKAD DISTRICT - 678 001. 4. HEAD LOAD WORKERS UNION (CITU), PALLAVOOR UNIT, REPRESENTED BY ITS SECRETARY, E.N.KRISHNAN, PALLAVOOR, CHITTUR TALUK, PALAKKAD DISTRICT - 678 001. R1 TO R3 BY GOVERNMENT PLEADER SRI. JAIBY PAUL R4 BY ADV. SRI.K.ANAND THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.7747/2011 P APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE LICENSE DTD. 22/12/2010. P2: COPY OF THE ACKNOWLEDGMENT DTD. 12/11/10. P3: COPY OF IDENTITY CARD DTD. 4/3/11. P3(A): COPY OF IDENTITY CARD DTD. 4/3/11. P3(B): COPY OF IDENTITY CARD DTD. 4/3/11. P4: COPY OF THE COMPLAINT DTD. 8/3/11. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.7747 of 2011-P ***************************** Dated this the 17th day of March, 2011 JUDGMENT BASANT, J. Petitioner has come to this Court seeking issue of directions under Article 226 of the Constitution of India to respondents 1 to 3 to afford police protection to the petitioner to work his establishment using the services of his registered attached workers against any illegal obstruction that may be caused by the 4th respondent. 2. According to the petitioner, he has 3 attached registered employees as shown in Ext.P3 series. The petitioner wants to get the loading and unloading work in his establishment performed by them. The 4th respondent, union, is raising objections. It is, in these circumstances, that the petitioner has come to this Court. 3. The 4th respondent has entered appearance. According to the 4th respondent, the 4th respondent and workmen had raised objection at a time when the petitioner did not have W.P(C) No.7747 of 2011-P 2 Ext.P3 registration for his employees. Now that 3 employees shown in Ext.P3 have obtained registration as attached workers. The 4th respondent union shall not raise any obstruction. But it may be insisted and ensured that only those 3 employees or registered attached employees if any registered in future and no other worker is permitted to work. The learned counsel for the petitioner accepts that no other employee other than the attached registered workers shall be made use of for the loading and unloading work in the petitioner's establishment. 4. We are satisfied that directions can be issued as prayed for. 5. In the result: a) This Writ Petition is allowed; b) Respondents 1 to 3 are directed to afford police protection to the petitioner against any obstruction raised by the 4th respondent to get the loading and unloading work in his establishment done by the 3 registered attached workers shown in Ext.P3. 6. It is made clear that the petitioner shall not be entitled to claim police protection if he employs anyone other W.P(C) No.7747 of 2011-P 3 than the 3 registered attached workers shown in Ext.P3 and other registered attached workers if any registered later. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/