Niyas.Y vs. The Station House Officer
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Cause title — parties, addresses and appearances
JUDGMENT Devan Ramachandran, J. The petitioner claims to be the proprietor of a firm engaged in the trade of cashew nuts by name 'Asian Cashew Impex', within the juri iction of the Kollam Corporation. The assertion of the petitioner is that the area in question is not Scheme covered under the provisions of the Kerala Headload Workers Act and Rules; and therefore, that he is entitled to engage his own workers for all activities, including headload loading and unlaoding works.
The petitioner's allegation in this writ petition is that respondents 4 to 9 are illegally obstructing him and workers from carrying on their activities and he prays that first respondent, Station House Officer of the Kilikolloor police station be directed to afford adequate and effective protection to them from respondents 4 to 9. 3. We notice that a statement has been filed on behalf of the Kerala Headload Workers Welfare Board, the 10th respondent herein, wherein they say, in paragraph 3, the following:
“3. The area wherein the petitioner's establishment situated was originally in a scheme covered area and there was pool 40A was constituted till May 2012. The workers from the pool were engaged in loading and unloading activity in the area till May, 2012. Thereafter the work of NH bypass was started in the area and several
business
establishments
were demolished/shutdown. Hence the activity of the pool 40A was suspended. But the petitioner continued his establishment and workers from the suspended pool were continued to engage by the petitioner till date. Now the Kollam District Committee of the Board had decided to restart the pool 40A and the work will be commenced within a week. It is submitted that the area of operation of the petitioner's establishment is within a scheme covered area and hence the petitioner cannot engage workers of his choice.”
It is, therefore, obvious that contrary to the assertion of the petitioner, the area is a Scheme covered one, but that the Pool of workers constituted for the said area, namely pool No. 40A, presently stands suspended. The stand of the 10th respondent is that this Pool will be restored within a period of one week from today. Even so, however, it is indubitable that until the Pool is restored, the petitioner will be entitled to use their own workers, whether they are registered or not.
In the afore circumstances, we order this writ petition and direct the first respondent to afford protection to the petitioner to engage his own workers but only until such time as Pool No. 40A is restored by the Headload Workers Welfare Fund Board, the 10th respondent herein.
Needless to say, once the Pool is restored, the petitioner will be obligated to make requisition for workers from the said Pool, until such time as he obtains permanent registration for his workers under Rule 26A of the Kerala Headload wrokers Rules. This Writ Petition is thus ordered. P.R.RAMACHANDRA MENON JUDGE DEVAN RAMACHANDRAN JUDGE kmd APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 AOF CERTIFICATE DATED 27.05.2015 ISSUED BY OFFICE OF JOINT DIRECTOR GENERAL OF FOREIGN TRADE. EXHIBIT P2 AOF LICENSE DATED 27.07.2018 ISSUED BY KOLLAM MUNICIPAL CORPORATION. EXHIBIT P3 AOF GST REGISTRATION CERTIFICATE DATED 17.07.2018. EXHIBIT P4 AOF THE COMPLAINT DATED 05.09.2018. RESPONDENTS' EXHBITS
: EXHIBIT R4(a) THEOF THE IDENTITY CARD ISSUED FROM THE LABOUR DEPARTMENT EXHIBIT R4 (b) THEOF THE IDENTITY CARD ISSUED FROM THE KERALA HEAD LOAD WORKERS WELFARE BOARD
Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.