IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 WP(C).No. 11987 of 2011(W) --------------------------------- PETITIONER(S): ----------------- M/S MAS MAKE POLYMERS,REGISTERED OFFICE AT AP VI/568,N.H.47,KANHIPPURA,KARIPPOL.P.O, VALANCHERRY VIA,MALAPPURAM,HAVING INDUSTRIAL UNIT, AT DOOR NO.2/417/A1,VELLACHI POTA EDUPPUKULAM.P.O, ELAPPULLY,PALAKKAD REPRESENTED BY ITS MANAGING PARTNER HAMSAKKUTTY. BY ADV. SRI.A.KRISHNAN RESPONDENT(S): RESPONDENTS ------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY,HOME AFFAIRS,THIRUVANANTHAPURAM, PIN-695001. 2. THE SUB.INSPECTOR OF POLICE,KASABA POLICE STATION,PUTHUSSERY.P.O,KANJIKODE, PALAKKAD DISTRICT,PIN-678001. 3. THE DISTRICT SUPERINTENDENT OF POLICE, PALAKKAD-678001. 4. THE SECRETARY,CONFEDERATION OF INDIAN TRADE UNIONS ELAPPULLY,PALAKKAD-678001. GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 11987 of 2011(W) APPENDIX PETITIONER'S EXTS:- EXT.P1:- TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 09/07/09 ISSUED FROM THE REGISTRAR OF FIRMS, KERALA. EXT.P2:- TRUE COPY OF THE ACKNOWLEDGMENT LETTER ISSUED BY THE DISTRICT INDUSTRIES CENTRE, PALAKKAD WITH THE ENTREPRENEUR'S MEMORANDUM NUMBER DATED 03/10/2009. EXT.P3:- TRUE COPY OF THE FORM NO.25 MAINTAINED BY THE PETITIONER UNDER THE PROVISIONS OF THE KERALA FACTORIES RULES, 1957. EXT.P4:- TRUE COPY OF THE REPRESENTATION SENT TO THE 2ND RESPONDENT WITH COPY TO 3RD RESPONDENT DATED 07/03/2011 PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.11987 of 2011 ------------------------------------------------ Dated this the 7th day of July, 2011 JUDGMENT Abdul Rehim, J The petitioner is a small scale industrial unit engaged in production and sale of Thermo cole plates and cups, situated in Elappully village in Palakkad district. According to the petitioner, the industrial unit is being run after obtaining all the required permissions and licences from various authorities concerned. The issue pertains to loading and unloading works in the industrial unit, especially the unloading of raw-materials, which comes occasionally in large quantities. Case of the petitioner is that, they have got permanent workers employed in the unit who are doing the loading and unloading works and that they do not require any other workers from outside for such activities. The W. P. C. No.11987 of 2011 -2- allegation is that the 4th respondent union is creating obstructions to the loading and unloading work being done with permanent workers engaged by the petitioner. It is alleged that on 01/03/11 physical obstruction was caused to such works by members of the 4th respondent union. It is stated that, in spite of Ext.P4 complaint registered before the 2nd respondent, no effective action was taken and no protection was afforded for functioning of the unit as well as for the loading and unloading activities. Hence, this Writ Petition. 2. In spite of service of notice issued from this Court, the 4th respondent has not entered appearance and not chosen to contest the Writ Petition. Heard; Government Pleader appearing on behalf of the respondents 1 to 3. It is submitted on instructions that there was physical obstruction caused at the industrial unit on 01/03/11, as alleged. However, the second respondent had instructed the W. P. C. No.11987 of 2011 -3- parties to seek remedy from appropriate labour authorities. 3. Learned counsel appearing for the petitioner conceded that the locality wherein the industrial unit situates is a notified area where the scheme formulated under the Headload Workers Act has become operational. It is stated that the petitioner had already applied for registering their own permanent workers under the Headload Workers Act. Applications submitted in this regard are pending consideration before the Assistant Labour Officer concerned and the petitioner is expecting that registration will be obtained for the workers, within a short time. 4. Having considered the facts and circumstances as stated above, we are of the opinion that the petitioners have got every right to do the loading and unloading works in the premises of the industrial unit by engaging its own permanent workers. However, it is obligatory under the W. P. C. No.11987 of 2011 -4- statute to have registration of the permanent workers under the provisions of the Headload Workers Act. If the applications submitted by the petitioner in this regard are pending disposal, the Assistant Labour Officer concerned shall take necessary action on such applications and a disposal of the same shall be ensured at the earliest, at any rate within a period of one month from the date of receipt of a copy of the judgment. 5. Since it is found that the petitioner is entitled to do the loading and unloading works by engaging its own permanent workers, the 4th respondent has no manner of right to obstruct such work. If any complaint is received with respect to any physical obstruction being caused to such activities or with respect to functioning of the unit in any manner, the second respondent shall take effective steps to remove such obstructions and to afford adequate protection for the smooth conduct of the activities of the unit by W. P. C. No.11987 of 2011 -5- engaging the permanent workers of the petitioner. Necessary steps in this regard shall be taken by the second respondent on receipt of any complaint. 6. This Writ Petition is disposed of with the above directions. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-