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. 6707 of 2009(G) --------------------------------------------- PETITIONER(S): ---------------------- 1. MOHAMMED MULLASSERIYAKATH, S/O.SAIDALI, M.S.VEGITABLES, R.S.ROAD, TANUR. 2. RASHEED MULLASSERIYAKATH, S/O.SAIDALI, DO. DO. 3. NASEER MULLASSSERIYAKATH, S/O.SAIDALI, DO. DO. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S): ------------------------ 1. KERALA HEAD LOAD AND GENERAL WORKERS UNION, (CITU), TANUR, REP. BY ITS SECRETARY, TANUR, MALAPPURAM DISTRICT. 2. KERALA HEADLOAD AND GENERAL WORKERS UNION, (INTUC), TANUR, REP. BY ITS SECRETARY, TANUR, MALAPPURAM DISTRICT. 3. KERALA HEADLOAD AND GENERAL WORKERS UNION, (S.T.U.), TANUR, REP. BY ITS SECRETARY, TANUR, MALAPPURAM DISTRICT. 4. THE SUB INSPECTOR OF POLICE, TANUR, MALAPPURAM. W.P.(C).NO.6707 OF 2009 G ADDL.R5. KERALA HEADLOAD WORKERS WELFARE BOARD, TIRUR COMMITTEE, REP.BY ITS CHAIRMAN, C. RAVEENDRAN. (ADDL.R5 IS IMPLEADED AS PER ORDER DATED 18.12.09 IN IA. NO.4074 OF 2009). ADDL.R6: ASSISTANT LABOUR OFFICER, TIRURANGADI. (ADDL.R6 IS IMPLEADED AS PER ORDER DATED 20.1.10 IN I.A.NO.867/10.) R4 & R6 BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS. ADV. SRI.KOSHY GEORGE FOR ADDL.R5 SRI.K.T.SHYAMKUMAR FOR R1 TO 3 SRI.HARISH R. MENON FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.6707 OF 2009 G PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONERS BEFORE THE FOURTH RESPONDENT. EXT.P2 TRUE COPY OF THE ACKNOWLEDGMENT CARD. EXT.P3(A) TRUE COPY OF THE APPLICATION FOR REGISTRATION AS HEADLOAD WORKERS. EXT.P3(B) TRUE COPY OF THE APPLICATION FOR REGISTRATION AS HEADLOAD WORKERS. EXT.P3(C) TRUE COPY OF THE APPLICATION FOR REGISTRATION OF HEADLOAD WORKERS. EXT.P3(D) TRUE COPY OF THE APPLICATION FOR REGISTRATION AS HEADLOAD WORKERS. EXT.P4 TRUE COPY OF THE PRESS RELEASE. EXT.P5 TRUE COPY OF THE PAPER REPORT. RESPONDENTS' EXHIBITS: NIL. // True Copy // PS to Judge K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 6707 OF 2009 G --------------------------------------------------- Dated this the 1st March, 2010 JUDGMENT K.M. Joseph, J. The only prayer pressed before us by the learned counsel for the petitioners is to issue a writ of mandamus directing the fourth respondent to afford effective and meaningful protection to the petitioners and their permanent employees for unloading the goods coming to the shop and taking the goods purchased by the customers to their vehicles, without any let or hindrance by the members of respondents 1 to 3 Unions. 2. Learned counsel for the additional fifth respondent Board, of course, opposed the prayer pointing out that the petitioners had approached this Court earlier alleging that they are doing the work themselves and obtained an interim order. He would further point out that the record would show that the petitioners have been engaging pool workers and paying them. According to the petitioners, at that stage, they were not having WPC.NO.6707 of 2009 G 2 their own workers. 3. The Writ Petition is disposed of directing the additional fifth respondent to consider Exts.P3(a) to P3(d) applications in accordance with law within a period of one month from the date of receipt of a copy of this Judgment. We further direct that in case the petitioners, in the meantime, are prepared to do the loading and unloading work by themselves, protection will be granted by the fourth respondent. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge