IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 WP(C).No. 28756 of 2011(T) -------------------------------- PETITIONER(S): ------------------ BIJURAJ K, PROPRIETOR,KAIRALI NURSERY, KAIRALI RAOD, THALAKKONAM,KURUTHAMCODE P.O KATTAKKADA,THIRUVANANTHAPURAM-695572 BY ADV. SRI.SANTHOSH G. PRABHU SRI.S.KANNAN SMT.K.S.SANGEETHA RESPONDENT(S): -------------------- 1. SUB INSPECTOR OF POLICE KATTAKKADA, THIRUVANANTHAPURAM-PIN-695572 2. ASSISTANT LABOUR OFFICER, NEDUMANGAD, THIRUVANANTHAPURAM-695541 3. JAYAKUMAR,(CONVENER, ALL INDIA TRADE UNION CONGRESS, KURUTHAMKODE UNIT, KATTAKKADA, THIRUVANANTHAPURAM) JAYA NIVAS, THALAKKONAM, KUTUHAMCODE P.O., KATTAKKADA, THIRUVANANTHAPURAM-PIN-695572 4. RADAKRISHNAN, S/O.,THANKAPPAN NAIR, (CONVENER, INDIAN NATIONAL TRADE UNION CONGRESS KURUTHAMCODE UNIT,KATTAKKADA, THIRUVANANTHAPURAM) ROADARIKATHU VEEDU,KURUTHAMCODE P.O., KATTAKKADA, THIRUVANANTHAPURAM-PIN-695572 WP(C).No. 28756 of 2011(T) -2- 5. SURESH BABU, (CONVENER ,BHARATHIYA MAZDHOOR SANGH,KURUTHAMCODE UNIT,KATTAKKADA, THIRUVANANTHAPURAM) VATTAVILA HOUSE, NEAR RC CHURCH,KURUTHAMCODE P.O., KATTAKKADA, THIRUVANANTHAPURAM-PIN-695572 6. ADDL.R6- THE DISTRICT EXECUTIVE OFFICER, KERALA STATE HEAD LOAD WORKERS WELFARE FUND BOARD, THIRUVANANTHAPURAM. (ADDL.R6 IS SUO MOTU IMPLEADED AS PER ORDER DATED 07.12.2011) ADV. SRI.G.SUDHEER FOR R3 TO 5 SR. GOVT. PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 28756 of 2011(T) APPENDIX PETITIONER'S EXTS EXT.P1(a) to P1(d) :- TRUE COPIES OF THE APPLICATIONS FOR REGISTERING THE PERMANENT WORKERS OF the PETITIONER UNDER RULE 26A OF THE RULES. EXT.P2:- A TRUE COPY OF THE DECISION OF THE 2ND RESPONDENT DT.06/11/10. EXT.P3:- A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DT.12/10/11. RESPONDENTS EXTS EXT.R3(a):- TRUE PHOTOGRAPHS OF BAMBOO TREES. EXT.R3(b):- TRUE COPY OF THE OBJECTION BEFORE THE 2ND RESPONDENT. EXT.R3(c):- TRUE COPY OF THE SCHEDULE OF REMUNERATION OF HEADLOAD WORKERS PUBLISHED IN MANORAMA DAILY DT.08/11/11. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ W. P. C. No.28756 of 2011 ------------------------------------------------ Dated this the 14th day of December, 2011 JUDGMENT Harilal, J The petitioner is conducting a Nursery of Indoor Plants and Bamboos in the name and style “Kairali Nursery” since 2002 and engaged in selling plants to various retailers in Kerala. He has four workers to rear the plants and as the part of the work they also do the loading of saplings and plants in lorries to transport to purchasers and unloading the manure and chemicals brought to Nursery when such work arises. According to him, the loading plants in the vehicle has to be done with utmost care and skill. The petitioner has filed applications before the concerned officers of the Kerala Headload Workers Act for the registration of the four workers working under him for getting identity cards. Respondents 3 to 5 claim that they represent Trade Unions of Headload and General Unions in the locality where the W. P. C. No.28756 of 2011 -2- petitioner's Nursery is situated. 2. The grievance of the petitioner is that respondents 3 to 5 and persons acting under them prevent petitioner's workers from loading the plants in a mini lorry. Though the petitioner submitted Ext.P3 complaint before the 1st respondent, no effective action has been taken so far on Ext.P3 complaint. The counsel for Kerala State Headload Workers Welfare Fund Bord submitted that the functional operation of the scheme is not implemented in the area where the Nursery is situated. The counsel for the respondents 3 to 5 filed a complaint stating that the persons shown as attached workers are not headload workers and the workers are over aged and the persons who submitted Ext.P1 applications are not entitled to get their name registered under Headload Worker's Act. They further contends that petitioner has no right to engage workers of his own choice for loading and unloading. 3. In view of the submissions made by the counsel for Headload Workers Welfare Fund Board, we are of the opinion W. P. C. No.28756 of 2011 -3- that since it is not a scheme implemented area, the petitioner is free to employ his own employees, in view of the decision in Najumudeen v. City Police Commissioner (2011(3) KHC Page 96). Therefore, we are inclined to grant police protection as prayed for. 4. In the result, 1st respondent is directed to afford adequate police protection to the petitioner and his workers to carry out business including loading and unloading works, without any threat or obstruction from respondents 3 to 5 or any others acting under them. 5. We make it clear that this order will not stand in the way of 2nd and 6th respondents exercising their jurisdiction in accordance with law. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE W. P. C. No.28756 of 2011 -4-