IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 WP(C).No. 30512 of 2011(L) -------------------------------- PETITIONER(S): ----------------- HABEEB RAHIMAN, MANAGING PARTNER, PROFILE SANDS, PARATHODE, PANNIMUKKU, MUKKAM P.O., KUMARANELLOOR, KOZHIKODE. BY ADV. SMT.SREEKALA KRISHNADAS RESPONDENT(S): -------------------- 1. THE COMMISSIONER OF POLICE, KOZHIKODE- 673001. 2. THE CIRCLE INSPECTOR OF POLICE, KODUVALLY POLICE STATION, KOZHIKODE-673001. 3. THE SUB INSPECTOR OF POLICE, MUKKAM POLICE STATION, KOZHIKODE-673602. 4. THE HEAD LOAD & GENERAL WORKERS UNION (CITU), CITU OFFICE,MUKKAM REPRESENTED BY ITS SECRETARY & POOL LEADER, PIN 673602. 5. THE HEAD LOAD & GENERAL WORKERS UNION (INTUC), INTUC OFFICE, MUKKAM REPRESENTED BY ITS SECRETARY & POOL LEADER, PIN 673602. WP(C).No. 30512 of 2011(L) -2- 6. ADDL.R6- THE EXECUTIVE OFFICER, KERALA HEADLOAD WORKERS WELFARE BOARD, KOZHIKODE. (ADDL.R6 IS SUO MOTU IMPLEADED AS PER ORDER DATED 16.11.2011 IN WP(C)) ADV. SRI.KOSHY GEORGE, SC, KHLWWB FOR R5 SR. GOVT. PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30512 of 2011(L) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE LICENSE GIVEN TO THE PETITIONER BY THE DEPARTMENT OF FACTORIES AND BOILERS. EXT.P2:- TRUE COPY OF THE LICENSE GIVEN BY THE KARASSERI GRAMA PANCHAYATH. EXT.P3:- TRUE COPY OF THE NOC GIVEN BY THE FIRE RESCUE SERVICES. EXT.P4:- TRUE COPY OF THE EXPLOSIVE LICENSE ISSUED BY JOINT CONTROLLER OF EXPLOSIVES, CHENNAI. EXT.P5:- TRUE COPY OF THE PERMISSION FROM THE GEOLOGICAL DEPARTMENT. EXT.P6:- TRUE COPY OF THE NVOICE FOR THE PURCHASE OF the MACHINE. EXT.P7:- TRUE COPY OF THE COMPLAINT DATED 10/11/11. EXT.P8:- TRUE COPY OF THE RECEIPT ISSUED BY THE MUKKAM POLICE STATION. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ W. P. C No.30512 of 2011 ------------------------------------------------ Dated this the 22nd day of November, 2011 JUDGMENT Harilal, J The petitioner is the Managing Director of a Registered Partnership firm engaged in quarrying of stones, crushing of the stones into metals and M Sand. The counsel for the petitioner submitted that they have already obtained all statutory permits and licences and the same is produced as Exts.P1 to P5. The firm had complied the pollution control measurers insisted by the Pollution Control Board also. 2. Now the grievance of the petitioner is that workers under respondents 4 and 5 Unions are obstructing the working of the quarry by obstructing workers employed by the petitioner. The counsel for the Headload Workers Welfare Fund Board submitted that the area where the factory is situated is not a scheme implemented area and there is no registered workers under the scheme. The W. P. C No.30512 of 2011 -2- learned Government Pleader submitted that at present there is no law and order problem in the locality and there is some dispute with respect to the rate of wages only. 3. We have given our anxious consideration to the submissions made by the counsel for the petitioner and respondents. If there is any labour dispute with respect to the rate of wages the aggrieved party can bring it before competent authorities under Section 21 of the Kerala Heaload Workers Act. The petitioner has obtained all statutory licences and permits to run the quarry. Therefore, he has right to run the quarry in accordance with law without any kind of obstruction. Even though notice has been issued against respondents 4 and 5 they have not entered appearance. Thus, the allegations in the Writ Petition stand unchallenged and we are inclined to grant protection as prayed for. 4. Hence, respondents 1 to 3 are directed to provide adequate and effective police protection to the petitioner, to his staff and workers to enable them to work in the crusher W. P. C No.30512 of 2011 -3- and quarry of the petitioner and to ensure that the members of the 4th and 5th respondent Unions do not in any way obstruct the working of the quarry and crusher unit. This Writ Petition stands allowed. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE