IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 13TH JUNE 2011 / 23RD JYAISHTA 1933 WP(C).No. 5636 of 2011(D) --------------------------------------- PETITIONER(S): ------------------------- THOPPIL AGRO FOODS PVT.LTD CO. BUILDING NO.XI/409/A, CHELAMATTOM, OKKAL (PO), PIN - 683 550 PERUMBAVOOR, ERNAKULAM DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR, V.MURALEE THOPPIL, S/O.VASU, THOPPIL HOUSE, OKKAL (PO), PIN - 683 550 CHELAMATTOM, PERUMBAVOOR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.JAMSHEED HAFIZ RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF HOME AFFAIRS, THIRUVANANTHAPURAM - 695 001. 2. THE SUPERINTENDENT OF POLICE, ERNAKULAM DISTRICT - 682 031. 3. THE CIRCLE INSPECTOR OF POLICE, PERUMBAVOOR, ERNAKULAM DISTRICT - 683 542. 4. THE SUB INSPECTOR OF POLICE, KODANAD POLICE STATION, ERNAKULAM DISTRICT 683 544. 5. C.I.T.U HEAD LOAD & GENERAL WORKERS UNION, KURICHILAKKODE, REPRESENTED BY ITS SECRETARY, KODANAD (PO), 683 544,ERNAKULAM DISTRICT. 6. I.N.T.U.C. GENERAL WORKERS UNION, REPRESENTED BY ITS SECRETARY, KURICHILAKKODE, KODANAD (PO), 683 544, ERNAKULAM DISTRICT. R1 TO R4 BY GOVERNMENT PLEADER SRI. T.K.VIPINDAS R5 BY ADV. SRI.V.P.PRASAD R6 BY ADVS.SRI.C.S.AJITH PRAKASH, SRI.T.D.SALIM, SRI.PAUL C. THOMAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.5636/2011 D APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE CERTIFICATE OF INCORPORATION OF THE COMPANY DTD. NIL. P2: COPY OF THE IDENTITY CARD OF THE REGISTERED HEAD LOAD WORKERS WITH THE COMPANY ISSUED BY THE ASSISTANT LABOUR OFFICER, PERUMBAVOOR, DTD. 30/12/2009. P3: COPY OF THE REPORT OF THE LABOUR WELFARE FUND INSPECTOR, ERNAKULAM, DTD. 17/02/2011. P4: COPY OF THE COMPLAINT FILED BEFORE THE 4TH RESPONDENT WITH ITS ACKNOWLEDGMENT DUE DTD. 17/01/2011. P5: COPY OF THE NOTICE ISSUED BY THE 5TH RESPONDENT DTD. 23/01/2011. P6: COPY OF THE NOTICE ISSUED BY THE 6TH RESPONDENT DTD. 24/01/2011. P7: COPY OF THE COMPLAINT FILED BEFORE THE 4TH RESPONDENT DTD. 21/02/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.5636 of 2011-D ***************************** Dated this the 13th day of June, 2011 JUDGMENT BASANT, J. The petitioner has come to this Court seeking issue of directions under Article 226 of the Constitution of India to respondents 2 to 4 – all police officials under the 1st respondent State, to afford police protection to the petitioner to get the work of loading and unloading done by registered attached workers of the petitioner against illegal obstructions that are raised by respondents 5 and 6. 2. According to the petitioner, the employees of the petitioner, shown in Ext.P2 series, have got registration as attached workers under Rule 26 A of the Kerala Head Load Workers Rules. The petitioner is hence entitled to get the work of loading and unloading done by those registered workers. Respondents 5 and 6 – both unions of head load workers, are raising illegal obstruction/objection against such work being done by the registered employees of the petitioner. It is, in these circumstances, that the petitioner seeks direction under Article 226 of the Constitution. W.P(C) No.5636 of 2011-D 2 3. Respondents 5 and 6 have entered appearance through a counsel. The learned counsel submits that the registration granted to the permanent attached workers of the petitioner has been challenged and the appeal is pending before the District Labour Officer. Some further time will be required for the disposal of the appeal and in these circumstances no orders for protection may be granted, it is prayed. 4. We find no merit in the objection raised by respondents 5 and 6. We are satisfied that subject to the result of the pending appeal, the petitioner can be afforded police protection. 5. In the result: a) This Writ Petition is allowed; b) Respondents 2 to 4 are directed to afford adequate police protection to the petitioner to get the work of loading and unloading in his establishment done by the registered attached workmen referred to in Ext.P2 series; c) We make it clear that the direction hereby given is subject to the result of the appeal and if the registration of the workmen referred to in Ext.P2 series is cancelled in appeal, the W.P(C) No.5636 of 2011-D 3 petitioner shall not be entitled for any protection from respondents 2 to 4; d) We further make it clear that the petitioner shall be entitled to get the work done only by registered workmen on the strength of this order of protection. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/