IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 WP(C).No. 1332 of 2009(H) ------------------------- PETITIONER(S): -------------------------- IBRAHIM.V.A,S/O.AMMU,AGED 60,SUNSHINE FLOORINGS,PULLUT BUILDING NO.XXXX/168,(A1)(NEW), NEAR CHAPPARA BUS STOP, KODUNGALLUR-680 663. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): --------------------------- 1. THE SUB INSPECTOR OF POLICE, KODUNGALLUR POLICE STATION. 2. THE CIRCLE INSPECTOR OF POLICE, KODUNGALLUR, OFFICE OF THE CIRCLE INSPECTOR OF POLICE, KODUNGALLUR. 3. HEAD LOAD WORKERS (C.I.T.U.)PULLUT UNIT, PULLUT KODUNGALLUR REP.BY ITS SECRETARY. 4. HEAD LOAD WORKERS(I.N.T.U.C.)PULLUT UNIT, PULLUT, KODUNGALLUR REP.BY ITS PRESIDENT. 5. HEAD LOAD WORKERS (B.M.S.)PULLUT UNIT, PULLUT, KODUNGALLUR REP.BY ITS SECRETARY. 6. HEAD LOAD WORKERS(A.I.T.U.C.)PULLUT UNIT PULLUT, KODUNGALLUR REP.BY ITS SECRETARY. WP(C).No. 1332 of 2009 :: 2 :: 7. THE ASST.LABOUR OFFICER, KODUNGALLUR. R1& R2 BY GOVERNMENT PLEADER SRI.BENJAMIN PAUL R4 TO R6 BY ADV. SRI.A.JAYASANKAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY, Ag.C.J. & V.GIRI, J. ------------------------- W.P.(C)No.No.1332 of 2009 ------------------------- Dated this the 20th day of January, 2009. JUDGMENT KOSHY, Ag.C.J. The petitioner is a dealer in marbles, flooring tiles, granite slabs etc. He started business very recently and sales tax registration was obtained on 11.12.2008. He has got his own workers and he has been engaging them. It is his case that 5 workers mentioned in paragraph 1 of the writ petition are his permanent workers and they can do the incidental work, including the loading and unloading work. In the above circumstances, if the area is not a scheme covered one and if the petitioner engages the five permanent workers for loading and unloading work, the police should see that sufficient protection is granted as prayed for and police will also see that the unions or other persons do not enter the premises of the petitioner's establishment. If there is any loading and W.P.(C)No.No.1332 of 2009 :: 2 :: unloading work in excess of the work done by the five workers, registered workers of the local area can be employed. But, that can only be if the employer requests. Writ petition is disposed of as above. Sd/- (J.B. KOSHY) ACTING CHIEF JUSTICE Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge