Judgment
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) HAVING COME UP FOR ADMISSION ON 16.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.4753 of 2022 2 J U D G M E N T (Dated this the 16th day of November,2023) This writ petition is filed to grant adequate protection for the petitioner to do loading and unloading activities in his proprietory concern through his own employees.
2.
The standing counsel appearing for the 3rd respondent submits that area in which the establishment is functioning is not a scheme covered area and therefore the 5th respondents cannot insist that they should be engaged for loading and unloading works in preference to the employees of the petitioner.
An interim order passed by this Court on 17.02.2022, whereby a direction was issued to remove the obstruction from respondent 4 and 5 in connection with loading and unloading activity done by the permanent employees of the petitioner. Making the said order absolute, this writ petition is allowed.
Sd/- BASANT BALAJI,
JUDGE SM
WP(C) No.4753 of 2022 3 APPENDIX OF WP(C) 4753/2022 PETITIONER EXHIBITS Exhibit P1 COPY OF LICENSE NO.A6/1349-21-22/22 DATED 10- 03-2021 ISSUED BY KONINI GRAMA PANCHAYAT TO THE FIRST PETITIONER (THEKKINETH AGENCIES) Exhibit P2 COPY OF LICENSE NO.A6/1342-21-22/23 DATED 10- 03-2021 ISSUED BY KONINI GRAMA PANCHAYAT TO THE FIRST PETITIONER (THEKKINETH AGRO AGENCIES) Exhibit P3 COPY OF GST REGISTRATION CERTIFICATE DATED 12-10-2017 OF THE PROPRIETARY CONCERN OF THE FIRST PETITIONER (THEKKINETH AGENCIES) Exhibit P4 COPY OF GST REGISTRATION CERTIFICATE DATED 06-03-2019 OF THE PROPRIETARY CONCERN OF THE FIRST PETITIONER (THEKKINETH AGRO AGENCIES) Exhibit P5 COPY OF LICENSE NO.A6/1350-21-22/24 DATED 10- 03-2021 ISSUED BY KONINI GRAMA PANCHAYAT TO THE SECOND PETITIONER Exhibit P6 COPY OF GST REGISTRATION CERTIFICATE DATED 17-07-2018 OF THE PROPRIETARY CONCERN OF THE SECOND PETITIONER Exhibit P7 COPY OF PETITION DATED 28-01-2022 SUBMITTED BY THE FIRST PETITIONER BEFORE THE FIRST RESPONDENT Exhibit P8 COPY OF RECEIPT DATED 28-01-2022 ISSUED FROM KONNI POLICE STATION AFTER ACCEPTING EXHIBIT P7 RESPONDENT EXHIBITS Exhibit R4(a) A TRUE COPY OF THE COMPLAINT PREFERRED BEFORE THE DITRICT LABOUR OFFICER, PATHANAMTHITTA DATED 9.3.2022