IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 WP(C).No. 22565 of 2009(M) -------------------------- PETITIONER(S): --------------- RUCHI SOYA INDUSTRIES LTD., VP IX/193 A, PALATHARA, THATTAMALA P.O., KOLLAM DISTRICT, REPRESENTED BY ITS ZONAL MANAGER, S.SAJEEV, S/O.P.SATHYA NARAYANAN, AGED 30 YEARS, RESIDING AT 3/492, AYINI TEMPLE ROAD, MARADU P.O., ERNAKULAM DISTRICT. BY ADV. SRI.V.S.CHANDRASEKHARAN SRI.P.V.VIJAYAKUMAR SMT.DAISY IRENE DANIEL SRI.R.RAJESH (VARKALA) SMT.LEKSHMI SWAMINATHAN SMT.V.SHARMILA RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY HOME SECRETARY, GOVERNMENT SECRETARIAT, THRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, KOLLAM DISTRICT. 3. SUB INSPECTOR OF POLICE, ERAVIPURAM POLICE STATION, KOLLAM DISTRICT. 4. SECRETARY, CHUMATTU THOZHILALI UNION, C.I.T.U., C.I.T.U.BHAVAN, KOLLAM. 5. SECRETARY, BHARATHIYA HEAD LOAD AND GENERAL WORKERS UNION, BMS THAMARAKULAM, KOLLAM. ADV. SRI.N.NAGARESH FOR R4 & R5 SRI.BINU PAUL FOR R4 & R5 SRI.T.V.VINU FOR R4 & R5 GOVT.PLEADER SRI.T.K.VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.22565/2009 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF THE CERTIFICATE OF REGISTRATION, DT. 30.6.2007 ISSUED TO THE COMPANY BY THE ASSISTANT COMMISSIONER. EXT.P2 : TRUE COPY OF THE SAID LICENCE DT. 17.7.2009, ISSUED TO THE COMPANY BY THE SAID CORPORATION. EXT.P3 : TRUE COPY OF THE IDENTIFY CARD OF THE SAID MR.ANASYA PRASAD, BEARING REG. NO.09/05/402/02, ISSUED BY THE LABOUR DEPARTMENT, GOVT. OF KERALA. EXT.P4 : TRUE COPY OF THE IDENTITY CARD OF THE SAID MR.MANBHARAN, BEARING REG. NO.09/05/401/02, ISSUED BY THE LABOUR DEPARTMENT, GOVERNMENT OF KERALA. EXT.P5 : TRUE COPY OF THE IDENTITY CARD OF THE SAID MR.ANJANI TIWARI BEARING REG.NO.09/05/403/03, ISSUED BY THE LABOUR DEPARTMENT, GOVT. OF KERALA. EXT.P6 : TRUE COPY OF THE COMPLAINT, DT. 30.7.2009 SUBMITTED BY THE COMPANY'S MANAGER BEFORE THE THIRD RESPONDENT. RESPONDENT'S EXHIBITS : EXT.R4A : TRUE COPY OF THE IDENTITY CARD ISSUED TO ONE OF THE REGISTERED HEARDLOAD WORKERS. KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ---------------------------------------------- W.P.(C) No.22565 of 2009 ---------------------------------------------- Dated 22nd September, 2009. J U D G M E N T Kurian Joseph, J. This is a petition for police protection. The main prayer is prayer No.3, which reads as follows :- “To issue a writ of mandamus directing the 4th and 5th respondents not to obstruct or interfere with the petitioner- Company's loading and unloading activities since the Company has its own permanent employees, with registeration under Rule 26A of the Kerala Headload Workers Rules, 1981, for doing the same.” In case the petitioner has its own workers, who have the required registration under Rule 26A of the Kerala Headload Workers Rules, 1981, the respondents 4 and 5 or for that matter, anybody else cannot have any objection in the petitioner carrying out the works with its own workers who have the registration as above. In case the petitioner carries out the work with its own workers who have the registration as above and in case there is any obstruction on the part of respondents 4 and 5 and any other person, the police shall render necessary assistance and protection to the petitioner to carry out its works with the workers having registration under Rule 26A of the Act. However, in case WP(C) NO.22565/09 2 the petitioner requires any other workers, the same shall be availed only from the pool of registered headload workers. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. C.T.RAVIKUMAR, JUDGE. tgs KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ---------------------------------------------- W.P.(C) No.22565 of 2009 ---------------------------------------------- J U D G M E N T Dated 22nd September, 2009.