IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 17TH FEBRUARY 2011 / 28TH MAGHA 1932 WP(C).No. 27548 of 2010(P) -------------------------- PETITIONER(S): --------------- ALBERT R., S/O. ROBERT, SARASA VILASAM, CHEMPOOR,OTTASEKHARAMANGALAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. DEPUTY SUPERINTENDENT OF POLICE, NEYYATTINKARA, PIN-695 121. 3. SUB INSPECTOR OF POLICE, ARYANCODE POLICE STATION, PIN-695 503. 4. LAWRANCE, CONVENER - BMS, KADUVILA VEEDU, VALIAVAZHI, MANJANCODU P.O., PIN-695 503. 5. YESUDHASAN, CONVENER - AITUC, NEERVALIKONAM VEEDU, VALIAVAZHI, MANJANCODE P.O., PIN-695 503. 6. THANKAN, CONVENER - AITUC, NEERVALIKONAM VEEDU, VALIAVAZHI, MANJANCODE P.O., PIN-695 503. R1 TO R3 BY GOVT. PLEDER SRI.T.K.VIPINDAS R4 TO R6 BY ADV. SRI.D.SAJEEV THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P(C).27548/10 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE LICENSE NO.B1-22/10-11 DATED 15.5.2010 FROM THE ARYANCODE GRAMD PANCHAYAT. EXT.P2: TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 15.8.2010. RESPONDENTS: EXHIBITS: EXT.R5: TRUE COPY OF THE IDENTITY CARD ISSUED TO THE 4TH RESPONDENT BY THE ASSISTANT LABOUR OFFICER, NEYYATTINKARA. EXT.R5(a): TRUE COPY OF THE IDENTITY CARD ISSUED TO THE 5TH RESPONDENT. EXT.R5(b): TRUE COY OF THE IDENTITY CARDISSUED TO THE 6TH RESPONDENT. EXT.R5(c): TRUE COPY OF COMPLAINT FILED BY CERTAIN HEADLOAD WORKERS WHO ARE THE REGISTERED HEADLOAD WORKERS IN CHILAMPARA UNIT. EXT.R5(d): TRUE COPY OF THE STATEMENT DATED 1.9.2010 GIVEN BY THE 5TH RESPONDENT BEFORE THE 3RD RESPONDENT. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. ----------------------------------- W.P(C).No.27548 OF 2010 ------------------------------------ Dated this the 17th day of February, 2011 JUDGMENT Thottathil B.Radhakrishnan,J. The controversy between the petitioner and respondents 4 to 6 is as to whether the area in question is covered by any scheme under the Kerala Headload Workers Act. The Assistant Labour Officer has filed a statement to the effect that it is not a scheme covered area. This means that the petitioner can engage workmen of his choice for the purpose of business. Accordingly, we order that adequate protection will be provided to the life and property, including business of the petitioner in accordance with law. The writ petition is ordered accordingly without prejudice to any labour disputes that may be placed before the appropriate authority in accordance with law. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- S.S.SATHEESACHANDRAN, Judge. kkb.18/2.