IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933 WP(C).No. 18008 of 2011(A) -------------------------- PETITIONER(S): --------------- APCO ASSOCIATES, REPRESENTED BY C.RAJENDRAN, GENERAL MANAGER, 17/1202 D, APCO TOWER, JAIL ROAD, KOZHIKODE. BY ADV. SRI.R.K.MURALEEDHARAN RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, NALLALAM, KOZHIKODE. 2. THE KOZHIKODE DISTRICT KAYATTIRAKKU THOZHILALIL UNION (INTUC), INTUC OFFICE, JAMAR BUILDING, K.P.KESAVA MENON ROAD, CALICUT-11. 3. BIJU P., S/O.NARAYANAN, PATHIRIKKADU VEEDU, MADURA BAZAR, BC ROAD, FEROKE P.O., KOZHIKODE. 4. KABEER M., S/O.BEERAN KOYA, MANJERITHODI HOUSE, ARALAIPARAMBIL, MADURA BAZAR, BC ROAD, FEROKE P.O., KOZHIKODE. 5. SHOUKKATH @ SHOUKKATHALI K.T., S/O.MOHAMMED, KOUVUNGUMTHOTTATHIL VEEDU, MADURA BAZAR, BC ROAD, FEROKE P.O., KOZHIKODE. 6. MOIDEEN KOYA P., S/O.KHADAR, PUTHIYAPARAMBATH VEEDU, MADURA BAZAR, BC ROAD, FEROKE P.O., KOZHIKODE. 7. BIJU M., S/O.BEERAN KOYA, MANJERITHODI HOUSE, ARALAIPARAMBIL, MADURA BAZAR, BC ROAD, FEROKE P.O., KOZHIKODE. ADV. SRI.N.NAGARESH FOR R2-7 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.18008/2001 APPENDIX PETITIONER'S EXHIBITS: EXT.P1; COPY OF THE LEASE AGREEMNT DATED 22/4/2011. EXT.P2; COPY OF THE IDENTITY CARDS OF THE 2ND REGISTERED WORKERS OF THE PETITIONER. EXT.P3: COPY OF THE COMPLAINT DATED 26/6/2011 TO THE 1ST RESPONDENT. EXT.P4; COPY OF THE COMPLAINTS SUBMITTED TO THE STATION HOUSE OFFICER NALLALAM POLICE STATION DATED 27/6/2011. RESPONDENTS' EXHIBITS: EXT.R2(A): COPIES OF IDENTITY CARDS ISSUED TO THE RESPONDENTS 3 TO 7. EXT,R2(B): COPY OF THE LETER DATED 29/6/2011 SUBMITTED TO THE ASSISTANT LABOUR OFFICER, FEROKE. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 18008 OF 2011 ------------------------ Dated this the 14th day of July, 2011 JUDGMENT Abdul Rehim, J. Petitioner is engaged in the distribution of home appliances, electronic goods and automotive batteries, manufactured by M/s. Godrej & Boyce Manufacturing Company Ltd., Panasonic India Private Ltd., IGO Marketing, Sharp Business Systems and Tata Auto Comp batteries. The petitioner was holding godown situated at Kallai Road, Kozhikode, which he had taken on lease. Recently, the petitioner has to vacate the said premises and he had taken another godown near Cheruvannur, by virtue of Ext.P1 lease agreement. According to the petitioner, he is engaging his own permanent workers for doing loading and unloading works in the said godown and two of his workers have already been registered as permanently attached headload workers under the provisions of Rule 26A of the Headload Workers Rules. But the respondents 2 to 7 are causing obstruction to the work being carried out by engaging WPC.No.18008/2011 2 the registered workers. Hence, the petitioner submitted Exts.P3 and P4 to the first respondent seeking to afford adequate protection. Since no action has been taken by the first respondent, this writ petition is filed. 2. In the counter affidavit filed on behalf of the respondents 2 to 7, it is stated that respondents 3 to 7 and 5 other registered headload workers are doing all the loading and unloading works in the Madura Bazar area at Chervannur. According to the respondents, they are doing loading and unloading works of the petitioner when the goods were stocked in the previous gododwn situated at Kallai road, Kozhikode. It is contended that under the guise of Ext.P2 registration obtained in the name of two persons, now the petitioner is denying employment to the respondents and other workers having registration in the area. According to the respondents 2 to 7, the persons with respect to whom the registration was obtained under Ext.P2 are not real workers of the petitioner and such a registration was obtained only with a view to deny employment to respondents 2 to 7 and other persons having registration in the area. However, it is conceded that against Ext.P2, the 2nd WPC.No.18008/2011 3 respondent had submitted an appeal before the Regional Joint Labour Commissioner, Kozhikode as contemplated under Rule 26C of the Kerala Headload Workers Rules and the same is pending disposal. 3. Having considered the rival contentions, we notice that as long as the petitioner has got his own permanent workers having registration under Rule 26A, they are entitled to do the loading and unloading works. In such a situation, the respondents 2 to 7 have no manner of right to create any physical obstructions for the loading and unloading works being carried out by the petitioner. If any such obstruction is caused, the first respondent is bound to take action for removal of such obstructions and to afford protection for the petitioner to carry our the work of loading and unloading with the registered workers of his establishment. 4. We make it clear that the respondents 2 to 7 will be at liberty to pursue appropriate statutory remedy against the registration granted under Ext.P2 and if the registration is cancelled by any competent authority, then the petitioner will be at obligation to engage registered workers for carrying out WPC.No.18008/2011 4 loading and unloading works, since the area in question being one covered under the scheme formulated under the Headload Workers Act. 5. It is also made clear that if the petitioner requires any extra workers other than those registered under Ext.P2, he shall employ workers having registration under Rule 26A in the area in question. The writ petition is disposed of subject to the direction and observations contained herein above. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk