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 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 WP(C).No. 29328 of 2008(N) -------------------------- PETITIONER(S): --------------- K.M.KASIM, S/O.MOIDEENKUTTY, THONIKADAVU PADUR DESOM, KAZHANI AMSOM. BY ADV. SRI.P.VIJAYA BHANU SRI.M.GEORGE THOMAS RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, PALAKKAD DISTRICT. 2. THE SUB INSPECTOR OF POLICE, ALATHUR, PALAKKAD DISTRICT. 3. C.I.T.U,REPRESENTED BY THE SECRETARY, PADUR UNIT, THONIKADAVU, ALATHUR. 4. I.N.T.U.C, REPRESENTED BY THE UNIT SECRETARY, PADUR UNIT, THONIKADAVU, ALATHUR. ADDL. RESPONDENT: 5. KERLA HEADLOAD WORKERS WELFARE BOARD, PALAKKAD LOCAL COMMITTEE, REP. BY CHAIRPERSON K.K.SESHAMBAL JYOTHI. (ADDL. R5 IMPLEADED AS PER ORDER IN IA 12745/08 DTD. 7.10.2008) ADV. SRI.KOSHY GEORGE FOR R5 SR. GOVT. PLEADER SRI.BENJAMIN PAUL – R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 29328/2008 APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE COPY OF THE COMPLAINT DATED 18.09.2008 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. /TRUE COPY/ K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO. 29328 OF 2008-N ----------------------------------------- Dated 31st October, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner is running a brick manufacturing unit. He submits, he has got 22 permanent workers, who are doing the loading/unloading work also. The industry started functioning since 1992. But, on 6.9.2008, certain members of respondents 3 and 4 Unions came to the unit and caused obstruction, claiming that the loading/unloading work should be given to them. The aggrieved petitioner filed Ext.P1 representation before the police. But, no help was forthcoming. Hence, this Writ Petition, seeking appropriate directions to the police. 2. The Kerala Headload Workers Welfare Board, Palakkad Local Committee has got itself impleaded as additional 5th respondent in this Writ Petition. The said respondent submitted that the petitioner's unit is located in a scheme covered area. The members of respondents 3 WPC 29328/08 2 and 4 belong to Pool No.14 of Thonikadavu - Padur region under the said respondent. They are doing the loading/unloading work in that area by turn. Since the petitioner does not have any registered workmen under the Headload Workers Rules, the claim of the workers for doing the work is sustainable, in view of Para 6 of the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme, it is submitted. 3. The learned counsel for the petitioner submitted that his unit is not located in a scheme covered area. But, the learned standing counsel for the 5th respondent handed over a copy of the gazette notification, which shows that Kavassery Panchayat is covered by the Scheme. The petitioner's licence to run the unit is obtained from the said Panchayat. Therefore, there cannot be any dispute that the petitioner's unit is located in that Panchayat. So, the prayer of the petitioner for police protection cannot be granted, in view of the provisions contained in the Kerala Headload Workers Act and the Scheme framed thereunder. WPC 29328/08 3 Accordingly, the Writ Petition is dismissed. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/