IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 WP(C).No. 2684 of 2010(I) ---------------------------------------------- PETITIONER(S): ---------------------- M/S.NEW-TECH PLY AND BOARDS, AAYATHUPADY, KOOVAPADY P.O., REPRESENTED BY ITS MANAGING PARTNER, IBRAHIM T.K., AGED 63 YEARS, S/O.KOCHUNNY, THENNOOR HOUSE, MUDICKAL P.O. PALLIPRAM KARA, MARAMPILLY VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): -------------------------- 1. THE SUPERINTENDENT OF POLICE, ERNAKULAM (RURAL) ALUVA. 2. THE CIRCLE INSPECTOR OF POLICE, PERUMBAVUR POLICE STATION, ERNAKULAM DISTRICT. 3. THE SUB INSPECTOR OF POLICE, KODANADU POLICE STATION, ERNAKULAM DISTRICT. 4. THE SECRETARY, INTUC, KOLLAMPADI UNIT, KOOVAPPADY P.O., PERUMBAVUR. 5. THE SECRETARY, CITU, KOLLAMPADI UNIT, KOOVAPPADY P.O., PERUMBAVUR. W.P.(C).NO.2684 OF 2010 I 6. THE SECRETARY, STU, KOLLAMPADI UNIT, KOOVAPPADY P.O., PERUMBAVUR. ADDL.R7. ASSISTANT LABOUR OFFICER (ALO), PERUMBAVOOR. (ADDL.R7 IS IMPLEADED AS PER ORDER DATED 11.2.2010 IN IA. NO.1664/10). R1 TO R3 & ADDL.R7 BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS. ADV. SRI.C.S.AJITH PRAKASH FOR R4 SRI.T.D.SALIM FOR R4 SRI.PAUL C THOMAS FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/03/2010 ALONG WITH WPC NO. 2803 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.2684 OF 2010 PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE APPLICATION DATED 15.01.2010 SUBMITTED BY MR. FAISAL BEFORE THE ASSISTANT LABOUR OFFICER (A.L.O.), PERUMBAVOOR. EXT.P2 TRUE COPY OF THE APPLICATION DATED 15.01.2010 SUBMITTED BY MR. SAKEER BEFORE THE ASSISTANT LABOUR OFFICER (A.L.O.), PERUMBAVOOR. EXT.P3 TRUE COPY OF THE APPLICATION DATED 15.01.2010 SUBMITTED BY MR. K.A. ABOOBAKER BEFORE THE ASSISTANT LABOAUR OFFICER (A.L.O), PERUMBAVOOR. EXT.P4 TRUE COPY OF THE APPLICATION DATED 15.1.2010 SUBMITTED BY MR. ASHRAF BEFORE THE ASSISTANT LABOUR OFFICER (A.L.O), PERUMBAVOOR. EXT.P5 TRUE COPY OF THE INTERIM ORDER OF THIS HONOURABLE COURT DATED 12.03.2009 IN W.P.(C).NO.7737 OF 2009. EXT.P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 22.01.2010 WITH COPY TO 2ND AND 3RD RESPONDENTS. EXT.P7 TRUE COPY OF THE ACKNOWLEDGMENT LETTER DATED 22.12.2009 ISSUED BY THE MANAGER, DISTRICT INDUSTRIES CENTRE, ERNAKULAM TOWARDS THE APPLICATIOAN SUBMITTED BY THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. // True Copy // PS to Judge K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NOS. 2684 OF 2010 I & 2803 OF 2010 A --------------------------------------------------- Dated this the 1st March, 2010 JUDGMENT K.M. Joseph, J. In both these cases, the petitioners seek orders of protection by the police for carrying on loading and unloading work with their own workmen. Admittedly, the petitioners do not have registered headload workers, but Applications filed by the headload workers are pending consideration. Though the learned counsel for the petitioners relied on Section 26 of the Headload Workers Act to contend that being new Units, they are entitled to employ their own workmen, we notice that Section 26 as it stands today, does not confer any legal right on new entrepreneurs to employ headload workers of their choice, even without registration. That was a benefit which was conferred under Ordinance 26 of 2000. The said Ordinance lapsed. Therefore, it may not be open to the petitioners to contend that WPCs.2684/10 I & 2803/10 A 2 they have a legal right to continue with their own workers even without registration. In such circumstances, these Writ Petitions are disposed of directing the additional 7th respondent in both the cases to consider and take a decision on the Applications filed on behalf of the workers of the petitioners for registration under the Act in accordance with law, within a period of six weeks from the date of production of a copy of this Judgment. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge