IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 W.P(C).No. 28903 of 2008(N) ----------------------------------------------- PETITIONERS: --------------------- 1. SAJU, S/O. MATHAI, AGED 42 YEARS, NADAKKUZHY HOUSE, RAYAMANGALAM VILLAGE, PULLUVAZHIKKARA, KUNNATHUNADU TALUK. 2. M/S. SHINE CERAMICS, REPRESENTED BY ITS MANAGING PARTNER, ALIKUNJU, BYE PASS ROAD, PADIVATTOM, ERNAKULAM. BY ADV. SRI.SIRAJ KAROLY RESPONDENTS: ------------------------ 1. THE SUB INSPECTOR OF POLICE, KURUPPAMPADY. 2. THE DISTRICT SUPERINTENDENT OFPOLICE, ERNAKULAM RURAL, ALUVA. 3. THE ASSISTANT LABOUR OFFICER, PERUMBAVOOR. 4. THE INDIAN NATIONAL TRADE UNION CONGRESS (INTUC) PULLUVASHY UNIT REPRESENTED BY ITS SECRETARY, P.D GEORGE, PARUTHIKKADAN HOUSE, PULLUVAZHI.P.O, PERUMBAVOOR. 5. THE KERALA TRADE UNION CONGRESS (KTUC), PULLUVAZHI UNIT, REPRESENTED BY ITS SECRETARY, P.P. GEORGE, PANACKAL HOUSE, PULLUVAZHI.P.O, PERUMBAVOOR. W.P.(C) NO.28903 OF 2008 - 2 - 6. THE ALL INDIA TRADE UNION CONGRESS (AITUC), PULLUVASHY UNIT, REPRESENTED BY ITS SECRETARY, SURENDRAN.K.G, KUZHIKKATTIL HOUSE, PULLUVASHY.P.O, PERUMBAVOOR. R1 TO R3 BY SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL R4 TO R6 BY ADV. SRI.GEORGE VARGHESE KIZHAKKAMBALAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.28903 OF 2008 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE AGREEMENT DATED 4.9.2008 EXT.P2 TRUE COPY OF THE CERTIFICATE OF REGISTRATION IN THE NAME OF THE 2ND PETITIONER EXT.P3 TRUE COPY OF THE RECEIPT EXT.P4 TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED FROM THE PANCHAYAT EXT.P5 TRUE COPY OF THE LICENCE EXT.P6 TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE 3RD RESPONDENT EXT.P7 TRUE COPY OF THE REQUEST MADE BY THE PETITIONERS SEEKING POLICE PROTECTION FROM THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R4(A) TRUE COPY OF ORDER NO.E.820/2007, THE KERALA HEAD LOAD WORKERS (REGULATION OF EMPLOYMENT AND WELFARE) SCHEME, 1983 MADE APPLICABLE TO RAYAMANGALAM PANCHAYAT & ENGLISH TRANSLATION. / TRUE COPY / H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------- W.P.(C)No.28903 of 2008 ------------------------------------------ Dated, this the 7th day of October, 2008 JUDGMENT A.K.Basheer, J. The primary prayer made in this writ petition is to issue a writ of mandamus or other appropriate writ or order directing respondents 1 and 2 to provide adequate police protection for employing petitioners' permanent workers for loading and unloading work at their business premises. The other prayer made in the writ petition is to issue a direction to the third respondent to consider and pass orders on Ext.P6 series of applications submitted by the workers of the petitioners for registration as head load workers. 2. It is contended by respondents 4 to 6 that petitioners cannot engage their own workers since the Kerala Head Load Workers (Regulation of Employment and Welfare) Scheme, 1983 has been brought into force in the area in question. However, it is the admitted position that Ext.P6 series of applications are pending consideration before respondent No.3 and in those applications the permanent workers of the petitioners have made a request for registering them as head load workers. 3. It is admitted by respondents 4 to 6 that business is yet to commence in the establishment of the petitioners. It is further submitted W.P. (C)No.28903 of 2008 2 by them that, at present, they have no intention to cause any obstruction to the business activity of the petitioners. 4. In view of the submission made by the learned counsel for respondents 4 to 6 at the Bar and having perused the materials available on record, we do not propose to pass any orders to afford police protection. However, respondent No.3 shall pass appropriate orders on Ext.P6 series of applications which are stated to have been filed by the permanent workers of the petitioners. If any obstruction is caused by respondents 4 to 6 to the business activity of the petitioners, pending consideration of those applications, it shall be ensured by respondents 1 and 2 that respondents 4 to 6 are not allowed to take law into their own hands. Writ petition is disposed of as above. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE vns