Balan K., S/O.Krishnankutty vs. The State Police Chief
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V FRIDAY, THE 2ND DAY OF FEBRUARY 2024 / 13TH MAGHA, 1945 WP(C) NO. 4143 OF 2024 PETITIONER: BALAN K., S/O.KRISHNANKUTTY AGED 54 YEARS PROPRIETOR, SIVA TIMBERS & WEIGH BRIDGE, VETTITHITTA, PIRAVANTHOOR P.O., PUNALUR, KOLLAM, RESIDING AT SIMI BHAVAN, VILAKKUVATTOM P.O., KOLLAM, PIN - 691331. BY ADVS. B.MOHANLAL P.S.PREETHA ASWIN V. NAIR AJAY S. KOSHY JAYAPRABHA ARJUN BLESSY MARY SEBASTIAN RESPONDENTS: 1 THE STATE POLICE CHIEF POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695001. 2 THE DISTRICT POLICE CHIEF KOLLAM RURAL, KOTTARAKKARA P.O., KOLLAM, PIN - 691506. 3 THE DEPUTY SUPERINTENDENT OF POLICE PUNALUR P.O., KOLLAM, PIN - 691305. 4 THE STATION HOUSE OFFICER PUNALUR POLICE STATION, PUNALUR P.O., KOLLAM, PIN - 691305. 5 THE CONVENOR SUB OFFICE, HEADLOAD WORKERS WELFARE FUND BOARD, PUNALUR P.O, KOLLAM, PIN - 691305. 6 SHAJAHAN CONVENER INTUC, VETTITHITTA UNIT, PIRAVANTHOOR P.O., PUNALUR, KOLLAM, PIN - 689696. 7 MOHANAN CONVENER C.I.T.U., VETTITHITTA UNIT, PIRAVANTHOOR P.O., PUNALUR, KOLLAM, PIN - 689696. 8 AJI KUMAR CONVENER I.N.T.U.C., VETTITHITTA UNIT, PIRAVANTHOOR P.O., PUNALUR, KOLLAM, PIN - 689696. WP(C) NO. 4143 OF 2024 2 9 ASHOKAN CONVENER B.M.S., VETTITHITTA UNIT, PIRAVANTHOOR P.O., PUNALUR, KOLLAM, PIN - 689696. 10 P.V.MOHANAN CONVENER A.I.T.U.C., VETTITHITTA UNIT, PIRAVANTHOOR P.O., PUNALUR, KOLLAM, PIN - 689696. 11 ANILKUMAR CONVENER K.T.U.C., VETTITHITTA UNIT, PIRAVANTHOOR P.O., PUNALUR, KOLLAM, PIN - 689696. 12 RAGHAVAN. K CONVENER I.N.L.C. VETTITHITTA UNIT, PIRAVANTHOOR P.O., PUNALUR, KOLLAM, PIN - 689696. BY ADV K.SIJU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 4143 OF 2024 3 JUDGMENT The petitioner is the proprietor of Siva Timbers, Vettithitta, Punalur. He states that he is engaged in the business of selling timber logs and has obtained registrations and permits from the statutory authorities. He states that the functional operation of the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme, 1983 (‘Scheme 1983’ for the sake of brevity) has not been extended to the area in question. When logs of firewood were brought to the establishment, obstructions were caused by the party respondents and their men. Though he approached the 4th respondent and lodged a complaint, no action was taken. According to the petitioner, in view of the law laid down in Nujumudeen v. City Police Commissioner, Kollam, and Others [2011 (3) KHC 96], the party respondents have no legal right to demand work where the functional operation of the scheme has not been extended. It is on these assertions that this writ petition is filed seeking directions.
Sri. Siju Kamalasanan, the learned standing counsel appearing for the 5th respondent Board, after getting instructions submitted that the functional operation of the Scheme, 1983 has not been extended to the area where the establishment of the petitioner is situated.
In view of the said submission, no notice be issued to the respondents 6 to 12. WP(C) NO. 4143 OF 2024 4
Going by the law laid down in Nujumudeen (supra), there is no prohibition in employing the skilled workers of the petitioner, even if they are unregistered. As the functional operation of the scheme has not been extended to the area in question, the party respondents cannot insist on their services being employed by the petitioner. Resultantly, this writ petition will stand allowed. There will be a direction to the 4th respondent to afford protection to the petitioner and his workers for loading and unloading of logs and firewood and other works in his establishment by the name ‘Siva Timbers and Weigh Bridge’ at Vettithitta, Punalur without any obstruction from the respondents 6 to 12 or their men. RAJA VIJAYARAGHAVAN V JUDGE Sru
WP(C) NO. 4143 OF 2024 5 APPENDIX OF WP(C) 4143/2024 PETITIONER EXHIBITS Exhibit P1 THEOF THE GST REGISTRATION CERTIFICATE NO:32FMJPK1721A1ZP DATED 01/06/2018 ISSUED TO THE PETITIONER. Exhibit P2 THEOF THE AGREEMENT DATED 30/01/2024 EXECUTED BETWEEN THE PETITIONER AND THE LANDLORD SRI.KOSHY JOHN. Exhibit P3 THEOF THE CERTIFICATE OF VERIFICATION DATED NIL ISSUED BY THE LEGAL METROLOGY DEPARTMENT TO THE PETITIONER. Exhibit P4 THEOF THE RECEIPT FOR THE FEES REMITTED BY THE PETITIONER TO THE LEGAL METROLOGY DEPARTMENT FOR CERTIFICATE OF VERIFICATION OF THE WEIGH BRIDGE DATED 20/05/2023 OF THE PETITIONER. Exhibit P5 THEOF THE COMPLAINT DATED 12/01/2024 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT AND ITS RECEIPT DATED 15/01/2024. Exhibit P6 THEOF THE RECEIPT ISSUED BY THE 4TH RESPONDENT DATED 25/01/2024.
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.