IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 WP(C).No. 6407 of 2010(A) ------------------------------------------------ PETITIONER(S): ---------------------- JAYASREEDAS M., S/O.MUTHU EZHUTHASSAN,AGED 35 YEARS, MELETHIL VEEDU, KEEZHATHUR, KOTTAYI, PALAKKAD DISTRICT. BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUB INSPECTOR OF POLICE, KOTTAYI POLICE STATION, PALAKKAD DISTRICT. 3. THE ASSISTAINT LABOUR OFFICER, OFFICE OF THE ASSISTANT LABOUR OFFICER, ALATHUR, PALAKKAD DISTRICT. 4. HEADLOAD WORKERS UNION (CITU). PERINKULANGARA UNIT, REPRESENTED BY ITS SECRETARY, KOTTAYI, PALAKKAD DISTRICT. 5. HEADLOAD WORKERS UNION (INTUC) PERINKULANGARA UNIT, REPRESENTED BY ITS SECRETARY, KOTTAYI,PALAKKAD DISTRICT. R1 TO R3 BY GOVERNMENT PLEADER SHRI P.N. SUKUMARAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 6407 OF 2010 A --------------------------------------------------- Dated this the 1st March, 2010 JUDGMENT K.M. Joseph, J. The Writ Petition is filed seeking the following reliefs: “i. Issue a writ of mandamus or any other appropriate writ, order or direction commanding respondents 1 & 2 to give adequate and effective police protection to the petitioner and his workers in loading and unloading materials in his unit, from the illegal demands of respondents 4 & 5. ii. Declare that respondents 4 & 5 have no right to demand “nokku kooly” from the petitioner for loading and unloading materials from his unit by means of an appropriate writ, direction or order. iii. Direct the 2nd respondent to act on Ext.P5 by means of an appropriate writ, direction or order. iv. Direct the 3rd respondent to dispose of Exts.P3 and P4 applications made for registration as headload worker in terms of the Kerala Headload Workers Act within a time limit to be fixed by this Honourable Court.” WPC.6407 OF 2010 A 2 2. We heard the learned counsel for the petitioner and the learned Government Pleader. Learned counsel for the petitioner claims that the petitioner has started the Unit recently (18.01.2010). 3. There is no benefit available at present under Section 26 of the Kerala Headload Workers Act as it stands today, to entitle the petitioner to employ workers of his choice, even though they are not registered workers. Even according to the petitioner, the workers have filed Exts.P3 and P4 applications seeking registration. As of now, they are not registered workers. Without there being registered workers, particularly, as the petitioner is working in an area where the Scheme is applicable admittedly, the petitioner may not be entitled to the relief of police protection to carry on loading and unloading work in his unit with his own workers. Exts.P3 and P4 are applications stated to be filed in December, 2009. In the circumstances of the case, we direct the third respondent to consider and take a decision on Exts.P3 and P4 in accordance with law within a WPC.6407 OF 2010 A 3 period of six weeks from the date of production of a copy of this Judgment before the third respondent. 4. Petitioner has a further complaint that the registered workers, apparently the pool workers are demanding “Noku Kooly” and also are not conforming to timings. If the petitioner has a complaint about pool workers, he may bring it to the notice of the appropriate statutory Authority for appropriate action in accordance with law. The Writ Petition is disposed of as above. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge