IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 WP(C).No. 1926 of 2008(D) ------------------------- PETITIONER: --------------- M. KAJA HUSSAIN, PROPRIETOR, OWN CITY GRANITE & MARBLES, X/833, VATTAPPARA, PUTHUSSERY EAST VILLAGE, WALAYAR, PALAKKAD TALUK, PALAKKAD DISTRICT. BY ADV. SRI.T.V.GEORGE RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO HOME DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT SUPERINTENDENT OF POLICE, PALAKKAD. 3. THE SUB INSPECTOR OF POLICE, WALAYAR POLICE STATION, PALAKKAD. 4. THE CIRCLE INSPECTOR OF POLICE, CUSBA POLICE STATION, PUTHUSSERY, PALAKKAD. 5. THE ASSISTANT LABOUR OFFICER, III CIRCLE, PALAKKAD. 6. THE SECRETARY, PUTHUSSERY PANCHAYAT, PUTHUSSERY, PALAKKAD. 7. SIRAJUDHEEN, S/O. KHAN RAWTHER, VATTAPPARA, WALAYAR P.O., PALAKKAD. 8. K. MKURUGAN, S/O. KRISHNAN, VATTAPPARA, WALAYAR P.O.,, PALAKKAD. WP(C).No. 1926 of 2008(D) 2 9. CHINNA THAMBI, S/O. CHELLAPPAN, ATHUPATHY, VATTAPPARA, WALAYAR, PALAKKAD. 10. PUSHPARAJ, ATHUPATHY, VATTAPPARA, WALAYAR P.O., PALAKKAD-678624. 11. SELVAN, ATHUPATHY, VATTAPPARA, WALAYAR P.O., PALAKKAD-678624. 12. HAMEED, S/O. BABUJI, VATTAPPARA, WALAYAR P.O., PALAKKAD-678624. 13. ARUCHAMY, S/O. VELAPPAN, VATTAPPARA, WALAYAR P.O., PALAKKAD-678624. 14. MOHAMMED ILYAS, S/O. KHAN RAWTHER, VATTAPPARA, WALAYAR P.O., PALAKKAD-678624. 15. MAHABOOL, S/O. BABUJI, VATTAPPARA, WALAYAR P.O., PALAKKAD. 16. HANEEFA, S/O.LATE HUSSAIN MUHAMMED @ PALAKKAD RAWTHER, VATTAPPARA, WALAYAR P.O., PALAKKAD. ADDL.R17: THE CHAIRMAN, KEARLA HEADLOAD WORKERS WELFARE BOARD, PALAKKAD LOCAL COMMITTEE, PALAKKAD. (ADDL.R17 IMPLEADED AS PER ORDER ON I.A.No.1081/08 DATED 3.10.2008) BY SR.GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 TO R5 ADV. SRI.S.SANTHOSH KUMAR FOR R6 SRI.RAJESH SIVARAMANKUTTY FOR R16 SRI.KOSHY GEORGE FOR ADDL.R17 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WP(C).No. 1926 of 2008(D) PETITIONER'S EXTS: EXT.P1: TRUE COPY OF REGISTRATION CERTIFICATE DATED 3.12.07 ISSUED BY THE ASST.LABOUR OFFICER, 111 CIRCLE, PALAKKAD. EXT.P2: TRUE COPY OF LETTER DATED 12.11.07 BEFORE THE ASST.LABOUR OFFICER, III CIRCLE, PALAKKAD. EXT.P3: TRUE COPY OF IDENTITY CARD ISSUED BY THE REGISTERING AUTHORITY TO PATTEESWARAN. EXT.P4: TRUE COPY OF THE IDENTITY CARD ISSUED BY THE REGISTERING AUTHORITY TO P.K.ABDUL SALAM. EXT.P5: TRUE COPY OF IDENTITY CARD ISSUED BY THE REGISTERING AUTHORITY TO SHIJEESH V. EXT.P6: TRUE COPY OF IDENTITY CARD ISSUED BY THE REGISTERING AUTHORITY TO NAZIMUDEEN. EXT.P7: TRUE COPY OF THE RENT AGREEMENT DATED 10.4.07. EXT.P8: TRUE COPY OF THE REPRESENTATION BEFORE THE SUB INSPECTOR OF POLICE, WALAYAR ON 12.1.08. EXT.P9: TRUE COPY OF REPRESENTATION DATED 13.1.08 BEFORE THE CIRCLE INSPECTOR OF POLICE. EXT.P10: TRUE COPY OF THE REPRESENTATION DATED 14.1.08 BEFORE THE 2ND RESPONDENT. EXT.P11: TRUE COPY OF REGISTRATION CERTIFICATE DATED 18.8.07. EXT.P12: TRUE COPY OF LICENCE DATED 10.5.07 ISSUED FROM PUTHUSSERY GRAMA PANCHAYAT. RESPONDENTS' EXTS: NIL TRUE COPY K.Balakrishnan Nair & P.N.Ravindran, JJ. ======================== W.P(C).No.1926 of 2008 ======================== Dated this the 21st day of January, 2008. ORDER Balakrishnan Nair,J. Heard. The petitioner submitted that his unit is a new unit and therefore, he is entitled to engage workmen of his choice for loading and unloading work in his establishment after obtaining registration under the Head load Workers Rules. Pending application for registration, the local pool workers were engaged for employment as an interim measure. Now the workers have obtained registration and therefore he has got every right to engage them and if there is any obstruction, he is entitled to get assistance of the police to remove the same, it is submitted. 2. The contesting Union as well as the Head load Workers Welfare Board submitted that the registration has been obtained illegally and behind the back of the Board and appeals have been preferred by both of them. In the facts of the case, as an interim measure, the petitioner would be allowed to engage the WP(C) 1926/08 -: 2 :- workmen, who have obtained registration under the Head load Workers Rules to do the loading and unloading work. If any obstruction is caused to them, the petitioner may inform the police and in that event, the police will remove the obstruction. If the statutory authority cancels the registration upholding the contentions of the contesting respondents, needless to say, the petitioner shall engage the workmen belonging to the pool. K.Balakrishnan Nair, Judge. P.N.Ravindran, HO. Judge. ess 21/1