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 8TH MARCH 2010 / 17TH PHALGUNA 1931 WP(C).No. 25026 of 2009(W) --------------------------------------------------- PETITIONER(S): ----------------------- S.SUNILKUMAR, AGED 43 YEARS, S/O.SUBHAKARAN, UDAYA OIL MILLS, PALATHARA, THATTAMALA, KOLLAM DISTRICT. BY ADV. SRI.V.S.CHANDRASEKHARAN RESPONDENT(S): ------------------------ 1. THE SUPERINTENDENT OF POLICE, KOLLAM. 2. THE CIRCLE INSPECTOR OF POLICE, KOLLAM EAST, KOLLAM. 3. THE SUB INSPECTOR OF POLICE, ERAVIPURAM POLICE STATION, KOLLAM. 4. KOLLAM JILLA LOADING, UNLOADING AND GENERAL WORKERS UNION, REPRESENTED BY ITS GENERAL SECRETARY, K.THULASEEDHARAN, MUKKADA BAZAR, KOLLAM. 5. BHARATHIYA HEAD LOAD AND GENERAL WORKERS UNION (BMS) REPRESENTED BY ITS SECRETARY, MAIN ROAD, KOLLAM. 6. THE ASST.LABOUR OFFICER, KOLLAM. ADV. SRI.N.NAGARESH FOR R4 & R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.25026 OF 2009 W PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE JUDGMENT IN O.P.NO.17395/93 DATED 15.02.1994. EXT.P2 TRUE COPY OF THE SAID ORDER IN W.P.(C).NO.22565 OF 2009 DATED 10.08.2009. EXT.P3 TRUE COPY OF THE APPLICATION DATED 22.8.2009. EXT.P4 TRUE COPY OF THE SAID COMPLAINT DATED 19.08.2009 BEFORE THE 1ST RESPONDENT. EXT.P5 TRUE COPY OF THE ORDER DATED 20.1.2010 PASSED BY THE DISTRICT LABOUR OFFICER, KOLLAM. RESPONDENTS' EXHIBITS: EXT.R4(A) TRUE COPY OF THE IDENTITY CARD ISSUED TO SRI. H. NIZAR. // True Copy // PS to Judge K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 25026 OF 2009 W --------------------------------------------------- Dated this the 8th March, 2010 JUDGMENT K.M. Joseph, J. Petitioner seeks police protection for carrying out loading and unloading work. We heard the learned counsel appearing for the parties as also the learned Government Pleader. It is common case that the petitioner has a worker who has obtained registration as per Ext.P5. In such circumstances, the Writ Petition is disposed of directing that the petitioner can carry on the work of loading and unloading, utilising the service of his own registered worker and in case there is obstruction by respondents 4 and 5, respondents 1 to 3 will afford protection to the petitioner. In case there is additional work of loading and unloading which necessitates the service of other persons, the WPC.25026/09 W 2 petitioner will necessarily have to abide by the law and engage registered headload workers. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge