IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 WP(C).No. 13684 of 2009(E) -------------------------- PETITIONER: --------------- K.I. SULAIMAN, MANAGING PARTNER OF M/S MADHEENA CERAMIC INDUSTRIES, KIZHAKKENCHERRY KAVU, KALLEKADU, PALAKKAD. BY ADV. SRI.H.BADARUDDIN RESPONDENTS: --------------- 1. THE SUPERINTENDENT OF POLICE, PALAKKAD. 2. THE SUB INSPECTOR OF POLICE, NORTH POLICE STATION, PALAKKAD. 3. THE ASSISTANT LABOUR OFFICER, PALAKKAD. 4. THE PRESIDENT, STU (SWATHANTHRA THOZHILALI UNION), KIZHAKKANCHERRYKAVU, KALLEKADU, PALAKKAD. 5. THE PRESIDENT, C.I.T.U, KIZHAKKANCHERRYKAVU, KALLEKADU, PALAKKAD. WP(C) 13684/2009 :2: 6. THE PRESIDENT, I.N.T.U.C., KIZHAKKANCHERRY KAVU, KALLEKADU, PALAKKAD. 7. P.V. RAVEENDRAN, S/O. VELAYUDHAN, PRIYADARSINI NAGAR, LAKSHAM COLONY, KALLEKADU P.O., PALAKKAD. 8. V. ABU, TAHIR, S/O. VELAPPAN, PRIYADARSINI NAGAR, LAKSHAM COLONY, KALLEKADU P.O., PALAKKAD. 9. P. NOUFAL, S/O. ALI, PULICKAL HOUSE, PRIYADARSINI NAGAR, LAKSHAM COLONY, KALLEKADU P.O.;, PALAKKAD, 10. A.P. SALLM, S/O. ABUBACKER, ALANGATTUPARAMBU, KINAWALLORE, PARALI P.O., PALAKKAD. ADV. SRI.C.K.SREEJITH FOR R4 GOVT. PLEADER SRI. P.A. SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) 13684/2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1, P1(a), P1(b) & P1(c) TRUE COPIES OF THE APPLICATIONS FILED BY RESPONDENTS 6 TO 9 UNDER RULE 26 A(1) IN FORM NO. K OF THE KERALA HEADLOAD WORKERS ACT. EXT.P2 TRUE COPY OF THE LICENSE ISSUED BY THE SECRETARY, IRAYARI GRAMA PANCHAYATH. EXT.P3 TRUE COPY OF THE RECEIPT BEARING NO. 54 OF BOOK NO. 13458 OF THE OFFICE GRAMA PANCHAYATH IRAYIRL. EXT.P4 TRUE COPY OF THE GENERAL APPLICATION MADE BY THE RESPONDENTS 6 TO 9 BEFORE THE ASSISTANT LABOUR OFFICER, PALAKKAD. EXT.P5 TRUE COPY OF THE REPRESENTATION BEFORE THE SUB INSPECTOR OF POLICE, NORTH POLICE STATION, PALAKKAD ON 13.4.2009. RESPONDENTS' EXHIBITS: NIL. // TRUE COPY // P.S. TO JUDGE. KNC/- P.R. RAMAN & P. BHAVADASAN, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 13684 OF 2009 = = = = = = = = = = = = = = = = DATED THIS, THE 30TH DAY OF JUNE, 2009. J U D G M E N T Raman, J. Petitioner is the managing partner of M/s. Madheea Ceramic Industries, Kizhakkancherry kavu, Palakkad. He seeks police protection to engage his own workmen for doing the loading and unloading operation connected with his establishment. It is averred that this is not a scheme covered area, however, applications for registration under the Act submitted by his workmen are pending consideration before the concerned authority. An order of interim protection has been ordered by this Court on 4.6.2009 and the same is continuing. So long as it is not a scheme covered area, petitioner is entitled to engage his own workmen to carry on the work, s held by this court in Joy Mathew v. Superintendent of Police & Others (1989(1) KLJ 166). In the circumstances, the interim protection granted is made absolute. The writ petition is closed. P.R. RAMAN, JUDGE. P. BHAVADASAN, JUDGE. KNC/-