Aju Sam vs. The Station House Officer

WP(C)/4753/2022HC KeralaGSTCNR KLHC01010457202216 November 2023Bench: HONOURABLE MR.JUSTICE BASANT BALAJI3 pages
For Petitioner: V.PHILIP MATHEWS, GIBI.C.GEORGE, AMAL PARTHASARADHY, E.RADHAKRISHNANFor Respondent: K.SIJU, T.P.PRADEEP, MINIKUMARY M.V., R.K.PRASANTH
AI SummaryAllowed

Held

The High Court made its interim order absolute, directing the removal of obstructions by respondents 4 and 5 and allowing the petitioners to carry out loading and unloading work through their permanent employees.

Facts

The petitioners sought police protection to conduct loading and unloading activities in their proprietary concerns using their own employees. Respondents 4 and 5 were obstructing these activities, while the Headload Workers Welfare Fund Board confirmed the area was not covered by any welfare scheme.

Key Issues

The key legal issue was whether the petitioners were entitled to police protection to ensure their right to use their own employees for loading and unloading activities without obstruction from external headload workers, especially in an area not covered by a welfare scheme.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945 WP(C) NO. 4753 OF 2022 PETITIONERS: 1 AJU SAM AGED 40 YEARS SO.T.M.SAMUEL, THEKKINETH HOUSE, PAYYANAMON P.O, KONNI, PATHANAMTHITTA DISTRICT, PIN - 689692 2 ALICE SAMUEL AGED 67 YEARS WO.T.M.SAMUEL, THEKKINETH HOUSE, PAYYANAMON P.O, KONNI, PATHANAMTHITTA DISTRICT, PIN - 689692 BY ADVS. V.PHILIP MATHEWS GIBI.C.GEORGE AMAL PARTHASARADHY E.RADHAKRISHNAN RESPONDENTS: 1 THE STATION HOUSE OFFICER KONNI POLICE STATION, KONNI, PATHANAMTHITTA DISTRICT, PIN - 689691 2 DISTRICT LABOUR OFFICER PATHANAMTHITTA EXCEL BUILDING, POST OFFICE ROAD, PATHANAMTHITTA, PIN - 689642 3 HEADLOAD WORKERS WELFARE FUND BOARD PATHANAMTHITTA DISTRICT COMMITTEE, REPRESENTED BY ITS CONVENOR AZAD BUILDING, NEAR OLD PVT.BUS STAND, PATHANAMTHITTA-, PIN - 689645 4 RAJAPPAPAN C D THUNDIL HOUSE, PAYYANAMON P.O, KONNI, PATHANAMTHITTA DISTRICT, PIN - 689692 5 ANIL KUMAR AMPIZETHU HOUSE, PAYYANAMON P.O, KONNI, PATHANAMTHITTA DISTRICT, PIN - 689692 BY ADVS. K.SIJU T.P.PRADEEP MINIKUMARY M.V. R.K.PRASANTH OTHER PRESENT: PP SREEJITH V.S THIS WRIT PETITION (CIVIL) HAVI

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