IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 WP(C).No. 3669 of 2011(G) ------------------------- PETITIONER: --------------- BINOY ALEX V, PROPRIETOR, ABT PARCEL SERVICE AGENCY, M.A.CHACKO MEMORIAL AUDITORIUM BUILDING, KALVARY ROAD, POOTHOLE P.O. WEST FORT, THRISSUR. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENTS: --------------- 1. THE CIRCLE INSPECTOR OF POLICE, THRISSUR WEST POLICE STATION, THRISSUR - 680 004. 2. HEAD LOAD WORKERS UNION (CITU) WEST FORT, THRISSUR, PIN - 680 004. REPRESENTED BY ITS SECRETARY. GOVT.PLEADER, SMT.CHARISHMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE IDENTITY CARD ISSUED TO SRI.JYOTHIDAS M.T. EXT.P2: COPY OF THE IDENTITY CARD ISSUED TO SRI.LIGO M.D. EXT.P3: COPY OF ORDER DT.6.2.2002 IN C.M.P.NO.7408/02 IN O.P.NO.4108/02. EXT.P4: COPY OF THE APPLICATION SUBMITTED BY SRI.RUPESH. EXT.P5: COPY OF THE APPLICATION SUBMITTED BY SRI.ABHILASH M.V. EXT.P6: COPY OF THE APPLICATION SUBMITTED BY SRI.RAJEEV A.R. EXT.P7: COPY OF THE REPRESENTATION DT.1.2.2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. //TRUE COPY// PA TO JUDGE THOTTATHIL B. RADHAKRISHNAN & P.S.GOPINATHAN, JJ. -------------------------------------- W.P.(C).No.3669 OF 2011 -------------------------------------- Dated this the 8th day of February, 2011 J U D G M E N T ~~~~~~~ Thottathil B. Radhakrishnan, J. Service complete. 2. Heard. Petitioner operates a parcel service. Exts.P1 and P2 evidence that he had two permanent workers, who had registration under the Kerala Head Load Workers' Welfare Fund Act. It appears that one among them has left the service. Petitioner has thereafter brought for service, persons, who have made Exts.P4 to P6 applications to the competent authority for registration as loading and unloading workers as permanent workers of the petitioner. If such applications are received by the ALO, who is the competent authority, which fact is also evidenced by endorsements at the foot of Exts.P4, P5 and P6, we do not find any reason, why they should not be permitted to work as permanent workers of the petitioner awaiting registration. W.P.(C) No.3669/2011 2 3. We, therefore, direct that the police will accord protection to the petitioner to carry out loading and unloading activities by engaging persons covered by Exts.P4, P5 and P6 apart from person covered by Ext.P1. The ALO, 2nd Circle, Thrissur, will make effort to conclude on Exts.P4 to P6, at the earliest. 4. Writ Petition ordered accordingly. Petitioner is directed to place a copy of this Writ Petition and a copy of this judgment before the the ALO, 2nd Circle, Thrissur, for information and appropriate action. (THOTTATHIL B. RADHAKRISHNAN, JUDGE) (P.S.GOPINATHAN, JUDGE) ps