T.L Ouseph vs. Superintendent Of Police
Held
The Court held that since the area was not a 'scheme covered area', the petitioner was free to deploy workers of their choice for loading and unloading. The police were directed to provide adequate protection if there was any threat to law and order.
Facts
The petitioner sought police protection to prevent a trade union from obstructing loading and unloading work at their godown. The petitioner claimed the area was not a 'scheme covered area' and they should be free to deploy their own workers.
Key Issues
Whether the petitioner is entitled to deploy their own workers for loading and unloading in a non-scheme covered area, and whether police protection is warranted against trade union obstruction.
Sections Cited
Kerala Headload Workers' Act
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON & THE HONOURABLE MR.JUSTICE N.ANIL KUMAR FRIDAY ,THE 23RD DAY OF NOVEMBER 2018 / 2ND AGRAHAYANA, 1940 WP(C).No. 36894 of 2018 PETITIONER/S: T.L OUSEPH AGED 74 YEARS S/O. T.D. LONAPPAN, XVII/279, THARAKANPATTATHAYIL HOUSE, KOONAMOOCHI, THRISSUR DISTRICT - 680 504, MANAGING PARTNER, LAVISH PREMIER ELECTRICAL AND SANITARIES BY ADV. SRI.RAJIT RE SPONDENT/S: 1 SUPERINTENDENT OF POLICE THRISSUR, COLLECTORATE, AYYANTHOLE, THRISSUR - 680 001 2 DEPUTY SUPERINTENDENT OF POLICE, KUNNAMKULAM, THRISSUR DISTRICT 680 503. 3 CIRCLE INSPECTOR OF POLICE, KUNNAMKULAM 680 503. 4 SUB INSPECTOR OF POLICE, ERUMAPETTY POLICE STATION 680 504 5 INDIAN NATIONAL TRADE UNION CONGRESS (INTUC) PANNITHADAM UNIT, KUNNAMKULAM TALUK, THRISSUR DISTRICT REPRESENTED BY THE SECRTARY 680 584. 6 THE HEADLOAD WORKERS BOARD, THRISSUR 680 001., REP. BY SECRETARY 7 ASSISTANT LABOUR OFFICER, KUNNAMKULAM, THRISSUR 680 584 R1-4 & 7 BY SR. GP SRI.P.P.THAJUDEEN R6 BY ADV. SRI.S.KRISHNA MOORTHY, SC, KHWWB R5- BY SRI. MANU GOVIND THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23.11.2018, THE COURT ON THE SAME
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