IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 WP(C).No. 6646 of 2011(E) -------------------------------------- PETITIONER(S): ------------------------ K.V.RAJAMANI, W/O.C.S.BALARAM, AGED 51 YEARS, PROPRIETRIX, M/S.CEYES STEELS, 8/89, INDRANI NAGAR, PALAKKAD, REPRESENTED BY HER SON AND POWER OF ATTORNEY HOLDER MR.C.B.ARUN SANKAR, S/O.K.V.RAJAMANI, RESIDING AT S 207, SAHYADRI COLONY, CHANDRA NAGAR, PALAKKAD - 7. BY ADV. SRI.V.SANTHARAM SRI. ANTO THOMAS SRI.LAKSHMEESH S. KAMATH RESPONDENT(S): -------------------------- 1. THE CIRCLE INSPECTOR OF POLICE, NORTH POLICE STATION, MARKET ROAD, PALAKKAD - 678 014. 2. DISTRICT HEAD LOAD GENERAL WORKERS UNION (C.I.T.U) MARKET ROAD, PALAKKAD - 678 014, REPRESENTED BY ITS SECRETARY, M.S.SCARIA. 3. HEADLOAD WORKERS UNION (I.N.T.U.C) ALSO KNOWN AS NATIONAL HEADLOAD WORKERS UNION NEAR PALAT HOSPITAL, PALAKKAD - 678 001, REPRESENTED BY ITS SECRETARY, K.APPU. 4. HEADLOAD WORKERS UNION (B.M.S) ALSO KNOWN AS HEADLOAD MAZDOOR UNION, HARIKKARA STREET, PALAKKAD - 678 001, REPRESENTED BY ITS SECRETARY, K.SUDHAKARAN. 5. GENERAL WORKERS FEDERATION (S.T.U), GREEN HOUSE, METUPALAYAM STREET, PALAKKAD - 678 001, REPRESENTED BY ITS SECRETARY, M.A.MUSTHAFA. 6. KERALA HEAD LOAD WORKERS WELFARE BOARD, PALAKKAD DISTRICT COMMITTEE, IST FLOOR, M.A.BUILDING, T.B.ROAD, PALAKKAD - 678 014 REPRESENTED BY ITS CHAIRMAN. R1 BY GOVERNMENT PLEADER SMT.C.M. CHARISMA R4 BY ADV. SRI. BINOY VASUDEVAN R6 BY ADV. SRI.KOSHY GEORGE, SC, KHLWWB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.6646/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE CERTIFICATION OF REGISTRATION DATED 08/05/2007, ISSUED BY THE REGISTERING AUTHOITY UNDER KERALA VALUE ADDED TAX RULES. P2 COPY OF THE RECEIPT DATED 28/04/2010 ISSUED BY PALLAKKAD MUNICIPALITY. P3 COPY OF THE RECEIPT NO.061493 DATED 28/02/2011 ISSUED BY PALAKKAD MUNICIPALITY. P4 COPY OF THE REGISTRATION CERTIFICATE NO.PMC/29/85/11,DATED 10/01/2011 ISSUED BY ALO, 1ST CIRCLE, PALAKKAD, TO THE PETITIONER. P5 COPY OF THE ORDERNO.36/2011, DATED 26/02/2011, ISSUED BY ALO,1ST CIRCLE, PALAKKAD. P6 COPY OF THE LABOUR ID CARDS, ISSUED BY ALO, 1ST CIRCLE, PALAKKAD, TO THE ATTACHED WORKERS. P7 COPY OF THE COMPLAINT DATED 01/03/2011, FILEDBY THE PETITIONER BEFORE THE 1ST RESPONDENT, ALONG WITH THE ACKNOWLEDGEMENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.6646 of 2011 ***************************** Dated this the 8th day of March, 2011 JUDGMENT BASANT, J. Petitioner has come to this Court with this petition for issue of directions under Article 226 of the Constitution of India to the 1st respondent to afford police protection to the petitioner for the peaceful and orderly carrying on of loading and unloading work in his establishment making use of the service of his attached registered workers, 6 in number and covered by Ext.P6 series identify cards. 2. According to the petitioner, she runs a shop, where the work of loading and unloading is involved. The petitioner has applied for and obtained registration for 6 permanent workers of hers as attached workmen. Ext.P6 series are their identity cards. In view of such registration as attached workmen, the petitioner contends that she is entitled to get the work of loading and unloading done by the said 6 workmen. W.P(C) No.6646 of 2011 2 Obstruction is raised by respondents 2 to 5, trade unions, against such work being performed. The police are guilty of inaction. It is, in these circumstances, that the petitioner has come to Court. 3. All respondents have been served. Only the 4th respondent has entered appearance through Advocate Binoy Vasudevan. The 6th respondent is represented by its Standing Counsel. The learned Government Pleader appears for the 1st respondent. 4. It is admitted at all hands that the petitioner has 6 attached registered workers for loading and unloading work. The 4th respondent as also the 6th respondent submit that there is objection to the manner in which such registration of attached workmen have been done. The 4th respondent has already preferred an appeal. The 6th respondent intends to prefer an appeal. Both the 4th and 6th respondents accept that until the registration granted to the workmen under Ext.P6 series is validly and successfully challenged, the petitioner is entitled to employ those 6 workmen and get the work of loading and unloading done. 5. The learned counsel for the 4th respondent accepts that the 4th respondent or members of the 4th respondent shall W.P(C) No.6646 of 2011 3 not raise any objection against such work being done by the attached workmen registered under Ext.P6 series. The learned Government Pleader submits that adequate and sufficient protection shall be granted by the 1st respondent to the petitioner to get the work done by the said 6 workmen covered by Ext.P6 series. 6. In the result: a) This Writ Petition is allowed; b) The 1st respondent is directed to afford adequate and sufficient protection for the petitioner to get the work of loading and unloading in her establishment done by the 6 attached workmen covered by Ext.P6 series identity cards. We make it clear that the petitioner cannot employ any workmen other than the said 6 workmen or other attached workmen, if any duly registered; c) We make it clear that this direction shall remain in force subject to any decision, interim or final, that may be passed by the appellate authority in the challenge raised by the 4th or the 6th respondent or any other against the registration and grant of identity cards to the workmen covered by Ext.P6. W.P(C) No.6646 of 2011 4 Hand over a copy of this judgment to the learned counsel for the petitioner. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/