Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI TUESDAY, THE 14TH DAY OF NOVEMBER 2023 / 23RD KARTHIKA, 1945 WP(C) NO. 22517 OF 2023 PETITIONER:
ABBAS, K.A, AGED 58 YEARS S/O ABOOBACKAR,BUSINESS, MANAGING DIRECTOR, M/S. IMELT EXTRUSIONS PRIVATE LTD, , SADDAM ROAD, KANDANTHARA, ALLAPRA P.O. PERUMBAVOOR, ERNAKULAM DIST. PIN-683 556, RESIDING AT KAROTHUKUDI HOUSE, ALLAPRA. P.O., ERNAKULAM DISTRICT., PIN – 683 556.
BY ADVS.
M.M.FATHIMA JALEENA V.J.JAMES K.A.HAZAN K.P.WILSON RAMESH KUMAR K.
RESPONDENTS:
1 THE STATION HOUSE OFFICER , PERUMBAVOOR POLICE STATION, PERUMBAVOOR. P.O. , ERNAKULAM DIST., PIN – 683 542.
2 THE DISTRICT POLICE CHIEF ALUVA RURAL, ALUVA, ERNAKULAM DISTRICT., PIN – 683 101.
3 THE ASST. LABOUR OFFICER, PERUMBAVOOR, ERNAKULAM DIST., PIN – 683 542.
4 THE SECRETARY TO GOVT.
HOME DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM., PIN – 695 001.
5 THE CHAIRMAN, KERALA HEAD LOAD WORKERS WELFARE BOARD, SUB COMMITTEE OFFICE, PERUMBAVOOR. P.O., ERNAKULAM DIST., PIN – 683 542.
WP(C) NO. 22517 OF 2023 2 6 THE SECRETARY, ERNAKULAM JILLA LOADING , UNLOADING & GENERAL WORKERS UNION, CITU, CHIRAMOLAM UNIT, ALLAPRA P. O., ERNAKULAM DIST., PIN – 683 554.
7 THE SECRETARY, HEAD LOAD AND GENERAL WORKERS CONGRESS, PONNIDAMCHIRA UNIT, KANDANTHARA, ALLAPRA. P.O.. ERNAKULAM DIST., PIN – 683 554.
8 THE POOL LEADER, POOL NO.185 A / 521 UNDER THE KERALA HEAD LOAD WORKERS WELFARE BOARD SUB COMMITTEE, PERUMBAVOOR, WEST KANDANTHARA, CHIRAMOLAM UNIT, ALLAPRA. P.O., ERNAKULAM DIST., PIN – 683 554.
9 THE POOL LEADER, POOL NO.1. 185-B, UNDER THE KERALA HEAD LOAD WORKERS WELFARE BOARD SUB COMMITTEE, PERUMBAVOOR, PONNIDAMCHIRA UNIT, KANDANTHARA , ALLAPRA. P.O. ERNAKULAM DIST., PIN – 683 554.
BY ADVS.
K.S.ARUN KUMAR Biju P.P C.S.AJITH PRAKASH T.K.DEVARAJAN(K/253/1993) BABU M.(K/1324/2019) ANCY THANKACHAN(K/1704/2019) NIDHIN RAJ VETTIKKADAN(K/000060/2020) GOURI KAILASH(K/002177/2022) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 22517 OF 2023 3 JUDGMENT (Dated this the 14th day of November 2023) WP(C) NO. 22517 of 2023 is filed by the Managing Director of a company seeking police protection and five registered attached headload workers to carry out the loading and unloading works in the establishment and to remove the illegal and forcible obstruction from the part of respondents 6 to 9.
2.
WP(C) NO. 34569 of 2023 is filed by a headload worker for a direction to take up Ext.P7 under Section 21 of the Kerala Headload Workers Act, 1978 within a time limit.
3.
This Court by Order dated 12.07.2023 in WP(C) NO. 22517 of 2023, has directed the 2nd respondent to afford adequate and effective police protection to the petitioner and the five attached headload workers in Exts.P8 to P12 to carry out loading and unloading works in the establishment.
WP(C) NO. 22517 OF 2023 4 Since, the issue in both the cases are regarding the loading and unloading work, these two cases are heard together and is disposed of, by a common judgment.
The interim order passed by this Court in WP(C) NO. 22517 of 2023 is confirmed and the 1st respondent who is seized of with the conciliation proceedings under Section 21 of the Headload workers Act, is directed to do the conciliation proceedings and come to a logical conclusion within a period of two months from the date of receipt of copy of this judgment. The order passed by this Court in WP(C) NO. 22517 of 2023 shall not be taken as a direction that the order shall be passed in favour of the petitioners.
Sd/- BASANT BALAJI JUDGE rpr
WP(C) NO. 22517 OF 2023 5 APPENDIX OF WP(C) 22517/2023 PETITIONER’S EXHIBITS Exhibit P1 A TRUE COPY OF THE LICENSE NO. LICENSE NO.
663/2022-2023/A-2/ 1323/ 2023 DATED 23-02- 2023 OF THE SECRETARY VENGOLA GRAMA PANCHAYAT.
Exhibit P2 A TRUE COPY OF THE GST REGISTRATION CERTIFICATE NO. 32AAEC 12697GIZK DATED 31-01- 2023 OBTAINED FROM THE DEPUTY COMMISSIONER ( SPECIAL CIRCLE) PERUMBAVOOR.
Exhibit P3 TRUE COPY OF THE APPOINTMENT LETTER DATED 30- 12-2020 ISSUED TO MUHAMMED SHINE .
Exhibit P4 TRUE COPY OF THE APPOINTMENT LETTER DATED 30- 12-2020 ISSUED TO MUHAMMED FASIL Exhibit P5 TRUE COPY OF THE APPOINTMENT LETTER DATED 30- 12-2020 ISSUED TO ARUN. V .VALSALAN Exhibit P6 TRUE COPY OF THE APPOINTMENT LETTER DATED 30- 12-2020 ISSUED TO SHIYAS RAHAMAN Exhibit P7 TRUE COPY OF THE APPOINTMENT LETTER DATED 30- 12-2020 ISSUED TO HASSAN DARWISH Exhibit P8 TRUE COPY OF THE IDENTITY CARD NO .
07/08/91/2021 DATED 20-10-2021 OF SRI. ARUN V VALSALAN Exhibit P9 TRUE COPY OF THE IDENTITY CARD NO.
07/08/95/2021 DATED 20-10-2021 OF SRI.
MUHAMMED SHINE.
Exhibit P10 TRUE COPY OF THE IDENTITY CARD NO .
07/08/96/2021 DATED 20-10-2021 OF SRI.
MUHAMMED FASIL Exhibit P11 TRUE COPY OF THE IDENTITY CARD NO .
07/08/97/2021 DATED 20-10-2021 OF SRI. HASSAN DARWISH Exhibit P12 TRUE COPY OF THE IDENTITY CARD NO.
07/08/98/2021 DATED 20-10-2021 OF SRI. SHIYAS RAHMAN.
Exhibit P13 TRUE COPY OF THE LETTER DATED 10-03-2023 [ WITHOUT ENCLOSURES ] SUBMITTED BEFORE THE ASST. LABOUR OFFICER, 3RD RESPONDENT HEREIN BY THE PETITIONER .
Exhibit P14 TRUE COPY OF THE REGISTRATION CERTIFICATE NO.
SH 070810140484 DATED 10-03-2023 ISSUED BY THE ASST. LABORU OFFICER.
WP(C) NO. 22517 OF 2023 6 Exhibit P15 TRUE COPY OF THE EMPLOYMENT- CUM- WAGES REGISTER IN FORM NO. V FOR THE WEEK ENDING ON 08-07-2023 Exhibit P16 TRUE COPY OF THE WAGES SLIP IN FORM VI ISSUED TO ONE WORKER SRI. MUHAMMED SHINE FOR THE WEEK ENDED ON 08-07-2023 .
Exhibit P17 A TRUE COPY OF THE COMPLAINT DATED 04-07-2023 FILED BEFORE THE STATION HOUSE OFFICER, PERUMBAVOOR POLICE STATION BY THE PETITIONER ALONG WITH THE RECEIPT .
Exhibit P18 A TRUE COPY OF THE COMPLAINT DATED 08-07-2023 FILED BEFORE THE STATION HOUSE OFFICER, PERUMBAVOOR POLICE STATION BY THE PETITIONER ALONG WITH THE RECEIPT .
RESPONDENT’S EXHIBITS Exhibit R9(a) True copy of the photograph of the front gate of the petitioners compound.
Exhibit R9(b) True copy of the photograph showing the nature of work and the presence of migrant workers.
Exhibit R9(c) True copy of the complaint dated 04-07-2023 submitted by the Board before the SHO of Police.
Exhibit R9(d) TRUE COPY OF THE QUERY SUBMITTED UNDER RTI ACT DATED NIL.
Exhibit R9(e) TRUE COPY OF THE REPLY DATED 19-07-2023 RECEIVED FROM THE PUBLIC INFORMATION OFFICER OF THE PERUMBAVOOR LABOUR OFFICE Exhibit R9(f) TRUE COPY OF THE DISPUTE DATED NIL SUBMITTED ON 04-09-2023 BEFORE THE CONCILIATION OFFICER