Abc Emporio LLP v. Sub Inspector Of Police - Kerala High Court, 3 Aug 2023

Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL THURSDAY, THE 3RD DAY OF AUGUST 2023 / 12TH SRAVANA, 1945 WP(C) NO. 19168 OF 2020 PETITIONER:

M/S.ABC EMPORIO LLP HAVING ITS REGISTERED OFFICE AT 33/622, TOLL JUNCTION, EDAPPALLY, ERNAKULAM - 682 024., REPRESENTED BY ITS DESIGNATED PARTNER MR. ABDUL ANAS THIKANDY.

BY ADVS.

JAGAN ABRAHAM M.GEORGE SRI.JAISON ANTONY RESPONDENTS:

1 SUB INSPECTOR OF POLICE STATION HOUSE OFFICER, THRIKKAKARA POLICE STATION, ERNAKULAM - 682 030.

2 C. I. OF POLICE THRIKKAKARA POLICE STATION, ERNAKULAM - 682 030.

3 KERALA HEAD LOAD WORKERS WELFARE BOARD SUB OFFICE 2ND FLOOR, PWD OFFICE BUILDING, KALAMASSERRY KARYALAYAM, ERNAKULAM - 683 104, REP. BY ITS EXECUTIVE OFFICER 4 POOL NO.7, UNDER THE KERALA HEAD LOAD WORKERS (REGULATION OF EMPLOYMENT AND WELFARE) SCHEME, UNIVHIRA, THRIKKAKARA P. O., ERNAKULAM - 682 021, REP. BY ITS POOL LEADER.

5 ASST. LABOUR OFFICER ERNAKULAM II CIRCLE, KAKKANAD, ERNAKULAM - 682 030.

BY ADV SRI.S.KRISHNA MOORTHY, SC, KHWWB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 19168 OF 2020 2 JUDGMENT 1.

Petitioner has approached this Court with the following prayers:

a) issue a writ of mandamus or other appropriate writ or order or direction compelling the respondents 1 & 2 to render necessary, sufficient and effective police protection to the permanent workers of the petitioner enabling it to function its business smoothly in its warehouse/ godown premises named as M/s. ABC Emporio LLP, situated at building No.V/517-EE1, Unichira, Thrikkakara P.O., Ernakulam – 682 021 coming under Thrikkakara Municipality, to do the works including loading and unlaoding works in the establishment of the petitioner, as against the forcible and illegal obstruction on the part of the members of the 4th respondent, in the event the members of the 4th respondent refuses to do the unloading works for the wages as per the existing agreement between the petitioner and the 4th respondent.

b) to remove the unlawful assembly and forcible and illegal obstruction by the members of the 4th respondent to do all works including loading and unloading works of the petitioner.

And c) grant such other reliefs as this Hon’ble Court shall deem just.

WP(C) NO. 19168 OF 2020 3 2.

A detailed order was passed by this Court dated 17.09.2020 which reads as under:

“Notice before admission to the respondents. The learned Government Pleader takes notice for respondents 1, 2 and 5. The learned standing counsel takes notice for the 3rd respondent. Issue urgent notice by speed post to the 4th respondent.

Sri.Jagan Abraham M.George, the learned counsel appearing for the petitioner submitted that the establishment run by the petitioner herein is registered with the 3rd respondent Board and loading and unlaoding works are being carried on by the 4th respondent on a rate fixed by the Board at Rs.400/- per ton. He contends that unilaterally Ext.P3 request was made by the workers for enhancing the rate and when the petitioner refused to abide with the same, the business run by him is being obstructed and threats are being made. In the said circumstances, the petitioner approached the 5th respondent and sought for intervention.

He has also submitted Ext.P5 representation before the 3rd respondent as is evident from the endorsement contained therein. While conciliation proceedings are going on, the 4th respondent has no authority in causing obstruction is the submission. He points out that the petitioner has skilled permanent workers who are capable of carrying out this work.

The learned standing counsel appearing for the 4th respondent seeks time to get instructions. However, he points out that the establishment is situated in a scheme covered area and the petitioner will not be justified in

WP(C) NO. 19168 OF 2020 4 employing unregistered workers for carrying out headload work.

Having considered the submissions and taking note of the pendency of the conciliation proceedings, I direct the petitioner to offer work to the pool workers at the existing rate and if such rate is offered, they shall continue to do the loading work. However, this shall be subject to the conciliation proceedings now being undertaken by the respondents 3 and 5. The 3rd respondent shall endeavor to expeditiously take up Ext.P5 and make all efforts to arrive at an amicable solution. If in spite of the above, the 4th respondent or their workers obstruct the running of the business or cause threats to the petitioner or his own workers, the respondents 1 and 2 shall afford adequate protection.

Post after two weeks.” 3.

Learned counsel for the petitioner submits that in view of the arrangement being followed by the petitioner following the directions of this Court, there is no obstruction for running the business. The order dated 17.09.2020 is made absolute. Writ petition is closed.

Sd/- AMIT RAWAL JUDGE nak

EXHIBIT P2 TRUE COPY OF R & O TRADE LICENSE RECEIPT DATED 22.02.2020.

EXHIBIT P3 THE TRUE COPY OF THE LETTER DATED 02.03.2020 OF THE 4TH RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE PETITION/LETTER DATED 16.03.2020 OF THE PETITIONER ADDRESSED TO THE 5TH RESPONDENT.

EXHIBIT P5 THE TRUE COPY OF THE LETTER /REPRESENTATION DATED 10.09.2020 ISSUED TO THE 3RD RESPONDENT.

EXHIBIT P6 THE TRUE COPY OF THE POLICE COMPLAINT DATED 15.09.2020.

EXHIBIT P7 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT ON 15.09.2020.

EXHIBIT P8 THE TRUE COPY WORK CARD IN FORM NO.17 DATED 17.03.2020.

EXHIBIT P8 (a) THE TRUE COPY WORK CARD IN FORM NO.17 DATED 09.05.2020.

EXHIBIT P8 (b) THE TRUE COPY WORK CARD IN FORM NO.17 DATED 13.08.2020.

RESPONDENT EXHIBITS EXHIBIT R3(A) COPY OF RELEVANT PAGE OF DISTRICT WAGE CHART (2016-2018).

EXHIBIT R3(B) COPY OF RELEVANT PAGE OF DISTRICT WAGE CHART (2018-2020).

WP(C) NO. 19168 OF 2020 6 EXHIBIT R3(C) COPY OF MINUTES OF KALAMASSERY SUB- COMMITTEE MEETING.