IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 WP(C).No. 15619 of 2010(B) --------------------------------------- PETITIONER(S): ---------------------- 1. P.J.ABOOBACKER, MANAGING DIRECTOR, TEN'S RUBBER COMPANY LTD.,I.D.A.,KEENPURAM, S.VAZHAKULAM KUNNATHUNADU TALUK. 2. M.P.BIJU,S/O.PAPPANCHAN, MARUTHOLIL HOUSE, KAITHAPPOYIL P.O.,PUTHUPPADY, KOZHIKODE DISTRICT. 3. P.A.MUHAMMED, S/O. ABDUL RAHIMAN, PULAVATHU HOUSE, KANDANTHRA, ALLAPPRA, PERUMBAVOOR. 4. V.N.SURESH, S/O. NARAYANAN, VADAKKUMURIYIL HOUSE, PARALI, PALAKKAD. 5. P.RATHEESH, S/O. THAMPAN, DEVSIVAM VALAPPIL HOUSE, NEELESWARAM, HOSDURG. BY ADV. SRI.SIRAJ KAROLY RESPONDENT(S): -------------------------- 1. THE SUB INSPECTOR OF POLICE, THADIYITTAPARAMBU. 2. THE CIRCLE INSPECTOR OF POLICE, KUNNATHUNADU P.O., PATTIMATTOM. 3. THE DISTRICT SUPERINTENDENT OF POLICE, ERNAKULAM RURAL, ALUVA - 1. 4. ASSISTAT LABOUR OFFICER, PERUMBAVOOR, P.O., PERUMBAVOOR. 5. CITU KEENPURAM UNIT, REPRESENTED BY ITS SECRETARY/POOL LEADER, AKBAR, S/O. SYED PILLA, MANIYAMPARA HOUSE, VAZHAKULAM VILLAGE, SOUTH VAZHAKULAM KARA, ALUVA. 6. SYED MOHAMMED, S/O. ABDUL RAHIMAN, UPPUKANDATHIL HOUSE, VAZHAKULAM VILLAGE, SOUTH VAZHAKULAM KARA, ALUVA. 7. PUSHPAN S/O. KARUPPAN, KAITHAPPARA HOUSE VAZHAKULAM VILLAGE, SOUTH VAZHAKULAM KARA, ALUVA. R1 TO R4 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. R5 TO R7 BY ADV. SRI.C.A.CHACKO THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.15619 OF 2010-B APPENDIX PETITIONER'S EXHIBITS EXT.P1.TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED BY THE VAZHAKULAM GRAMA PANCHAYAT DATED 26.11.2001. EXT.P2 SERIES. TRUE COPY OF THE PHOTOGRAPH SHOWING THE FACTORY COMPOUND AND THE BUILDING. EXT.P3.TRUE COPY OF THE LOAN STATEMENT OF STATE BANK OF TRAVANCORE, KOLENCHERRY BRANCH DATED 9.7.2008. EXT.P4.TRUE COPY OF THE STATUTORY IDENTITY CARD ISSUED BY THE ASSISTANT LABOUR OFFICE. EXT.P5.TRUE COPY OF THE FIR IN CRIME 130/2010. EXT.P6.TRUE COPY OF THE REPRESENTATION SEEKING POLICE PROTECTION. EXT.P6A.TRUE COPY OF THE RECEIPT ALSO TO THE IST PETITIONER. EXT.P6B. TRUE COPY OF THE POSTAL RECEIPT. RESPONDENT'S EXHIBITS: EXT.R5A. TRUE COPY OF THE CERTIFICATE DATED 1.6.2010 ISSUED BY THE CHAIRMAN KHWW BOARD. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.15619 of 2010-B ---------------------------------------------- Dated, this the 7th day of June, 2010 J U D G M E N T K.M.Joseph, J. Petitioners have approached this Court seeking police protection. 2. Briefly put, the case of the petitioners is as follows. The Ist petitioner is running an industrial unit. According to the petitioners, petitioners 2 to 5 are permanent workers for loading and unloading in the unit of the Ist petitioner. They are having Ext.P4 identity cards and registration under the Kerala Headload Workers Act. 3. The allegation is that petitioners are obstructed by the party respondents who are trade union workers of the locality. It is stated that proceedings under Sec.107 Cr.P.C is pending. A counter affidavit has been filed by respondents 5 to 7. 4. We heard the learned counsel for the parties. As far as petitioners 2 to 5 are concerned they are issued WPC 15619/2010 -2- Ext.P4 identity cards. The employer is shown as the Ist petitioner. If that be so, petitioners 2 to 5 can carry on the work of loading and unloading in the petitioner's unit without any obstruction by members of the 5th respondent and respondents 6 and 7. In such circumstances, the writ petition is disposed of making the interim order absolute. We, however, make it clear that under the guise of this judgment protection shall not be given to the Ist petitioner for the purpose of doing loading and unloading work by employing persons who do not have registration under the Kerala Headload Workers Act. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS