Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945 WP(C) NO. 22343 OF 2023 PETITIONER/S:
SHABEER. N .M., AGED 37 YEARS S/O MOIDUNNI, MANAGING PARTNER, M/S. KHALEEJ STEELS LLP STEEL AND BUILDWARE, PANTHAVOOR, ALAMCODE.P.O, CHANGARAMKULAM, MALAPPURAM DIST.
RESIDING AT NURUKKILAYIL HOUSE, MOOKKUTHALA P.O, PONNANI. MALAPPURAM DIST. PIN 679574., PIN - 679585 BY ADVS.
M.M.FATHIMA JALEENA K.A.HAZAN V.J.JAMES RAMESH KUMAR K.
K.P.WILSON RESPONDENT/S:
1 THE STATION HOUSE OFFICER CHANGARAMKULAM POLICE STATION, CHAGARAMKULAM.
P.O. MALAPPURAM DIST., PIN - 679585 2 THE DISTRICT POLICE CHIEF MALAPPURAM DIST., PIN - 676504 3 THE ASST. LABOUR OFFICER PONNANI, PONNANI.P.O, MALAPPURAM DIST., PIN - 679577 4 THE CHAIRMAN KERALA HEAD LOAD WORKERS WELFARE BOARD SUB COMMITTEE, CHANGARAMKULAM.P.O, MALAPPURAM DIST., PIN - 679585 5 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRATARIATE, THIRUVANANTHAPURAM ., PIN - 695001 6 THE SECRETARY
-2- W.P.(C). No.22343 of 2023 AIKYAVEDI UNION, BMS, INTUC, CITU. REG. NO. EJ / U 1998, NANNAMUKKU P.O. , CHANGARAMKULAM , [ MOB.
98467 58355.], PIN - 679574 7 THE POOL LEADER POOL NO. E J/ U 1998 UNDER THE KERALA HEAD LOAD WORKERS WELFARE BOARD SUB COMMITTEE, CHANGARAMKULAM. P.O, MALAPPURAM DIST . MOB 88485 54460, PIN - 679585 BY ADV Thomas Abraham OTHER PRESENT:
SRI. RAJEEV JYOTHISH GEORGE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-3- W.P.(C). No.22343 of 2023 P.V.KUNHIKRISHNAN, J.
====================================================== W.P.(C) No. 22343 of 2023 ============================================================= Dated this the 26th day of July, 2023 JUDGMENT The above writ petition is filed with following prayers:
“I. Issue a Writ of Mandamus or such other Writ, Order or Direction compelling Respondents 1st & 2nd to remove the illegal and forcible obstructions from the part of 6th and 7th Respondents and their supporters, to the loading and unloading works in the establishment of the petitioner;
II. Issue a Writ of mandamus or such other Writ , Order or Direction to the 1st and 2nd respondents to extend adequate police protection to the Petitioner and Four attached head load workers, in Exhibit P-10 to P-13, to carry out the loading and unloading works in the establishment of the petitioner .
III. Pass such other Writ or Order or Direction that the Hon`ble Court may deem fit and proper , on the facts and circumstances of the case.
IV. The Petitioner also prays that this Hon’ble Court may be pleased to dispense with the translation of the documents produced in the vernacular language.
2.
When this writ petition came up for consideration on 19.07.2023, this Court passed the following order:
-4- W.P.(C). No.22343 of 2023 “Even though notice is served on the contesting respondents, there is no appearance.
It is submitted that the petitioner has got attached head load workers as evident from Exts.P10 to P13 ID Cards.
In such circumstances, there will be a direction to the 1st respondent to afford adequate police protection to the petitioner and the attached head load workers who is having Exts.P10 to P13 ID Cards, to carry out loading and unloading works for the smooth functioning of the establishment of the petitioner in the premises.
If there is any balance work, the petitioner shall engage the pool workers.
Post on 26.07.2023.” 3.
Even though notice is sent to the contesting respondents, there is no appearance for them. If that be so, the interim order dated 19.07.2023 can be made absolute.
Therefore, this writ petition is disposed of making the interim order dated 19.07.2023 absolute.
sd/- P.V.KUNHIKRISHNAN JUDGE das
-5- W.P.(C). No.22343 of 2023 APPENDIX OF WP(C) 22343/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LICENSE NO. B1- 581/2023/2022-23 / 702 DATED 22-02-2023 ISSUED BY THE SECRETARY ALAMCODE GRAMA PACHAYAT Exhibit P2 A TRUE COPY OF THE GST REGISTRATION CERTIFICATE NO.32AAZFK3701FIZE DATED 25-10-2022 OBTAINED FROM THE COMMERCIAL TAX OFFICE PONNANI Exhibit P3 A TRUE COPY OF THE CERTIFICATE NO.
SH101080070359 DATED 27- 04-2023 ISSUED BY THE ASST. LABOUR OFFICER, PONNANI TO THE PETITIONER Exhibit P4 TRUE COPY OF THE APPOINTMENT LETTER NO.
4/2023 ISSUED TO SRI. NAUSHAD. M.A Exhibit P5 TRUE COPY OF THE APPOINTMENT LETTER NO.
5/2023 ISSUED TO SRI. RAFAIL TUDY Exhibit P6 TRUE COPY OF THE APPOINTMENT LETTER NO.
6/2023 ISSUED TO SRI. ANVAR. T.H Exhibit P7 TRUE COPY OF THE APPOINTMENT LETTER NO.
7/2023 ISSUED TO SRI. MOHAMMED YASIR Exhibit P8 TRUE COPY OF THE EMPLOYMENT-CUM- WAGES REGISTER FOR THE PERIOD FROM 2-05- 2023 TO 31-05-2023 Exhibit P9 TRUE COPY OF THE WAGES SLIPS ISSUED TO ONE OF THE WORKERS, NAUSHAD. M.A. FOR THE WEEK ENDED ON 01-07-2023 Exhibit P10 TRUE COPY OF THE IDENTITY CARD NO. HL 101080070036 DATED 12-06-2023 ISSUED TO SRI. RAFAIL TUDY BY THE ASST. LABOUR OFFICER, PONNANI Exhibit P11 TRUE COPY OF THE IDENTITY CARD NO. HL 101080070037 DATED 12-06-2023 ISSUED TO SRI. NAUSHAD. M.A BY THE ASST. LABOUR OFFICER, PONNANI Exhibit P12 TRUE COPY OF THE IDENTITY CARD NO. HL 101080070038 DATED 12-06-2023 ISSUED TO SRI. ANWAR. T.H BY THE ASST. LABOUR OFFICER, PONNANI Exhibit P13 TRUE COPY OF THE IDENTITY CARD NO. HL
-6- W.P.(C). No.22343 of 2023 101080070039 DATED 12-06-2023 ISSUED TO SRI. MOHAMMED YASIR BY THE ASST. LABOUR OFFICER, PONNANI Exhibit P14 TRUE COPY OF THE COMPLAINT LODGED BEFORE THE 1 ST RESPONDENT ON 04-07- 2023 Exhibit P15 A TRUE COPY OF THE RECEIPT NO 15295005 DATED 04-07-2023 ISSUED FROM THE CHANGARAMKULAM POLICE STATION AFTER ACCEPTING THE COMPLAINT