IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 WP(C).No. 30917 of 2009(H) -------------------------- PETITIONER: --------------- JABIR.N., S/O.ALIKOYA, MANAGING PARTNER, M/S.SAFA MARBLES, CHUNGAM, FEROKE, CALICUT. BY ADV. SRI.R.RAMADAS RESPONDENTS: --------------- 1. THE SUPERINTENDENT OF POLICE, KOZHIKODE. 2. THE CIRCLE INSPECTOR OF POLICE, NALLALAM, CHERUVANNUR, KOZHIKODE. 3. THE SUB INSPECTOR OF POLICE, FEROKE, KOZHIKODE. 4. THE PRESIDENT, HEAD LOAD WORKERS UNION (CITU), CHUNGAM, PO FEROKE, KOZHIKODE. 5. THE PRESIDENT, HEAD LOAD WORKERS UNION (STU), CHUNGAM, P.O.FEROKE, KOZHIKODE. 6. THE ASSISTANT LABOUR OFFICER, FEROKE, KOZHIKODE. BY GOVT. PLEADER SRI. T.K. VIPINDAS FOR R1 TO R3 & R6 SRI.P.RAVINDRA NATH NAIR FOR R4 & R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30917 of 2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE PROCEEDINGS DATED 31.03.2008 BY THE 6TH RESPONDENT FOR GRANTING REGISTRATION TO THE FIVE PERMANENT WORKERS OF THE PETITIONER EXT.P2: TRUE COPIES OF THE IDENTITY CARDS ISSUED TO THE FIVE PERMANENT WORKERS OF THE PETITIONER EXT.P3: TRUE COPY OF THE REPRESENTATION DATED 27.10.2009 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXT.P4: TRUE COPY OF THE REPRESENTATION DATED 27.10.2009 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT /TRUE COPY/ P.A TO JUDGE KURIAN JOSEPH,J & C.T. RAVIKUMAR,J. ------------------------- W.P (C ) No 30917 of 2009 -------------------------- Dated this the 4th November,2009 J U D G M E N T KURIAN JOSEPH, J. This writ petition is filed with the following prayers. "a. issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 to 3 to provide necessary police assistance to the petitioner for the loading and unloading of Marbles, Granites and Tiles by the petitioner's own permanent workers within the premises of the petitioner. b. issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 to 3 to prevent the workers belonging to respondents 4 and 5 Unions from creating any obstruction to the loading and unloading work by the petitioner's own permanent worker within the premises of the petitioner." 2. Learned counsel appearing for the respondents Unions submits that it is a scheme covered area. There is no dispute on that submission. But it is pointed out that there are five workers attached to the petitioner who are registered under the provisions of the Kerala Headload Workers Act. The respondents Unions cannot object to W.P (C ) No 30917 of 2009 2 such engagement of registered workers by the petitioner. It is made clear that in case the petitioner engages only those workers who are registered under the provisions of the Kerala Headload Workers Act and Scheme, there shall not be any obstruction by the respondents Unions. In the unlikely event of any such obstruction, respondents 1 to 3 shall render necessary protection. Further, it is made clear that in case the petitioner requires any additional man power, the same shall be procured only from the registered workers of the Union. So also, in case, any of the registered workers of the petitioner is absent and in case any man power is required, the same shall also be procured from the registered workers of the Union. Writ petition is disposed of as above. KURIAN JOSEPH,JUDGE C.T. RAVIKUMAR,JUDGE ma W.P (C ) No 30917 of 2009 3 W.P (C ) No 30917 of 2009 4 (S.SIRI JAGAN,JUDGE) ma W.P (C ) No 30917 of 2009 5 W.P (C ) No 30917 of 2009 6