IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931 WP(C).No. 14625 of 2009(W) -------------------------- PETITIONER(S): --------------- N.BINU, PROPRIETOR, B.B.ANAND HOLLOW BRICKS, PERUKAVU (P.O.), PEYAD, THIRUVANANTHAPURAM BY ADV. SRI.GOPAKUMAR R.THALIYAL RESPONDENT(S): --------------- 1. BHUVANACHANDRAN, CITU, VENKUR, MALAYAM (PO), THIRUVANANTHAPURAM. 2. CHANDRAN, AUTO DRIVER, VIZHAVOOR, MALAYAM (PO), THIRUVANANTHAPURAM. 3. SANTHOSH, FRUIT VENDOR, VIZHAVOOR, MALAYAM (P.O.), THIRUVANANTHAPURAM. 4. SREEKANTAN NAIR, CONVENOR, INTUC, POTTAYIL, MALAYAM (P.O.), THIRUVANANTHAPURAM. 5. THE SUB INSPECTOR OF POLICE, MALAYINKEEZHU POLICE STATION, MALAYINKEEZHU, THIRUVANANTHAPURAM. 6. THE CIRCLE INSPECTOR OF POLICE, KATTAKKADA, THIRUVANANTHAPURAM. ADV. SRI.SANTHAN V.NAIR FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/07/2009, THE COURT ON 14/07/2009 DELIVERED THE FOLLOWING: WPC 14625/09 APPENDIX PETITIONER'S EXHIBITS : EXT.P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DT.11.1.2006 EXT.P2 TRUE COPY OF THE WAGE REGISTER FOR THE MONTHS APRIL,MAY AND JUNE 2008 EXT.P3 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DT.13.2.2008 EXT.P4 TRUE COPY OF THE IDENTITY CARDS ISSUED TO THE WORKERS OF THE PETITIONER UNDER THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS WORKERS WELFARE FUND ACT. EXT.P5 TRUE COPY OF THE JUDGMENT PASSED BY THIS HONOURABLE COURT IN WPC 13911/08 DT.2.6.2008 EXT.P6 TRUE COPY OF THE ORDER PASSED BY THE DISTRICT LABOUR OFFICER, THIRUVANANTHAPURAM DT.21.7.2008 EXT.P7 TRUE COPY OF THE ORDER PASSED BY THE REGIONAL JOINT LABOUR COMMISSIONER, KOLLAM DT.8.4.2009 EXT.P8 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 6TH RESPONDENT DT.21.5.2009 EXT.P9 TRUE COPY OF THE RECEIPT ISSUED TO THE PETITIONER DT.22.5.2009 TRUE COPY PA TO JUDGE P.R.RAMAN & P.BHAVADASAN, JJ. -------------------------------------------------------- WP(C) No.14625 OF 2009-W -------------------------------------------------------- Dated 14th July 2009 Judgment RAMAN, J. The petitioner is running a hollow brick manufacturing unit at Thiruvananthapuram. The unit is registered as an SSI unit under the SSI scheme. Ext.P1 is the registration certificate. The raw materials like cement, sand etc., for the manufacture of hollow bricks are brought in lorries. According to the petitioner, there are two workers for attending the loading and unloading of the bricks as also the raw materials. He has produced Ext.P2 wage register. Though applications were made for registration of the unit under the Headload workers Act, the said workers are not being issued with the identity cards, by the Assistant Labour Officer, taking the view that only after registering the unit under the Kerala Shops and Commercial Establishments Act, identity cards can be issued to them. Accordingly, the petitioner registered his unit under the Kerala Shops and Commercial Establishments Act and obtained Ext.P3 certificate of WPC 14625/09 2 registration. Though he produced the said certificate before the Assistant Labour Officer for issuing the identity cards under the Headload Workers Act, the identity cards have not been issued. In the meantime, a law and order situation arose and so, the petitioner approached this court filing WP(C) No.13911/08. This court directed the Assistant Labour Officer to settle the dispute and in case it is not settled, directed the matter to be referred to the District Labour Officer. Thereafter, the District Labour Officer passed Ext.P6 dated 21.07.2008, ordering that the headload workers in the area are entitled to do the loading and unloading works. The said order was challenged by the petitioner before the Regional Joint Labour Commissioner, Kollam, who allowed the appeal by Ext.P7 order dated 8.4.2009. As a result of Ext.P7, necessarily, the Assistant Labour Officer has to issue identity cards to the workers attached to the petitioner's unit and the entitlement of the petitioner to have the works done through the permanent workers employed by him, is declared in Ext.P7. But, despite such orders in his favour, when the party respondents obstructed the work being carried on, employing WPC 14625/09 3 the permanent workers attached to the establishment, he approached the police and finding that no protection was forthcoming, he approached this court by filing this Writ Petition. 2. This court issued notice to the parties. They entered appearance through counsel. We heard the learned counsel for the party respondents and also the learned Government Pleader appearing for respondents 1-3. This court by order dated 28.05.2009, granted an interim order of protection as sought for. In the facts and circumstances, the said order is made absolute and the Writ Petition is disposed of. P.R.RAMAN, JUDGE P.BHAVADASAN, JUDGE sta WPC 14625/09 4 WPC 14625/09 5