IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 WP(C).No. 9164 of 2008(N) ------------------------- PETITIONER: ------------ V.V.KUNJIPPALU, AGED 61 YEARS, S/O.VAREETH, VALIKUDATH HOUSE, KANDASSAMKADAVU, KARAMUND VILLAGE, THRISSUR. BY ADV. SRI.DINESH MATHEW J.MURICKEN RESPONDENTS: ------------- 1. CIRCLE INSPECTOR OF POLICE, ALUVA. 2. SUB INSPECTOR OF POLICE, ALUVA. 3. ERNAKULAM DISTRICT HEAD LOAD WORKERS UNION, (C.I.T.U), PARAVUR KAVALA UNIT, REPRESENTED BY ITS SECRETARY, PARAVUR KAVALA, ALUVA, ERNAKULAM. 4. ERNAKULAM DISTRICT HEAD LOAD WORKERS UNION, (I.N.T.U.C) THOTTAKKATTUKARA UNIT, REPRESENTED BY ITS SECRETARY, THOTTAKKATTUKARA, ALUVA. BY ADV. SRI.RAJIV NAMBISAN G.P.SRI. P.A. SALIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.NO.9164/08 APPENDIX PETITINER'S EXHIBITS: EXT.P1 COPY OF THE LETTER ISSUED BY TE ALUVA MUNICIPALITY DTD 29.2.08 EXT.P2 COPY OF THE COMPLAINT LODGED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD 14.3.08. RESPONDENTS' EXHIBITS: EXT.R1 IDENTITY CARDS ISSUED TO CITU MEMBERS. EXT.R2 IDENTITY CARDS ISSUED TO INTUC MEMBERS. /TRUE COPY. cl K.BALAKRISHNAN NAIR AND P.N.RAVINDRAN, JJ. ---------------------------------- W.P.(C)No.9164 OF 2008. ----------------------------------------------------- DATED THIS THE 25TH DAY OF MARCH, 2008 O R D E R Balakrishnan Nair, J. Heard. The petitioner is running a Touring Amusement Park. He is holding exhibitions at festivals and fairs. Now, after the exhibition during Aluva Sivarathri Festival, the petitioner wants to load his equipment into vehicles for transporting them to the next place of show. Members of respondents 3 and 4 claimed the said loading work. The petitioner submits, his establishment is not an establishment in terms of Section 2(j) of the Kerala Head Load Workers Act and therefore the workmen of the local pool of head load workers cannot claim any work under him. Though he moved for Police protection, the Police did not extend any helping hand. Hence this writ petition, seeking appropriate reliefs. 2. Respondents 3 and 4 have filed a counter affidavit stating that the Aluva Manappuram is a scheme covered area. Respondents 3 and 4 represent the registered head load workers of that area. All along they were doing the loading and unloading work in connection with the Sivarathri Festival and therefore they are entitled to do the loading and unloading work available there. W.P.(C)No.9164/08 -2- So, they prayed for dismissal of the writ petition. 2. We heard the learned Government Pleader for the official respondents also. Going by the schedule of establishments under the Head Load Workers Act, we prima facie, are of the view that the petitioner is entitled to do the loading and unloading work using his own workmen. If respondents 3 and 4 have any claim against the petitioner, they may move the machinery under the Head Load Workers Act. If there is any award in favour of the workmen, the petitioner will be bound to pay the wages he should have remitted in the local pool for getting the assistance of the local workmen for doing the loading work. If any amount is found due from the petitioner to the workmen represented by respondents 3 and 4, after the adjudication, the District Labour Officer can invoke the machinery available under law to recover the amount, if any found due. Subject to the above direction, the protection as prayed for is granted. Post on 3.4.2008. Hand over. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. dsn