S And S Associates vs. The Deputy Superintendent Of Police, Tirur
Held
The Court directed the Station House Officer to provide police protection to the petitioner for loading/unloading using its own Attached Workers. This is subject to the petitioner cooperating with ongoing conciliation proceedings, and unions can only claim work if there's excess beyond what the petitioner's workers can handle.
Facts
S & S Associates, an iron and steel firm, sought police protection against labour unions (respondents 4-6) obstructing their loading/unloading work. The petitioner claimed to use its own registered workers, while unions asserted exclusive rights, citing a pending dispute under the Kerala Headload Workers Act, 1978.
Key Issues
Whether a firm is entitled to police protection to use its own registered headload workers for loading/unloading activities against obstruction by labour unions claiming exclusive rights, especially when conciliation proceedings are pending.
Sections Cited
None discussed
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 6TH DAY OF JUNE 2023 / 16TH JYAISHTA, 1945 WP(C) NO. 15918 OF 2023 PETITIONER: S & S ASSOCIATES HO. V 83, 84, PURATHUR ROAD, MANGALAM P.O., TIRUR, MALAPPURAM DISTRICT, REPRESENTED BY ITS MANAGER UMARUL FAROQUE, AGED 22 YRS, S/O. ISMAIL, MADAKKAL HOUSE, THEKKEN KUTTUR P.O., TIRUR TALUK, MALAPPURAM DISTRICT, PIN – 676551 BY ADVS. C.M.MOHAMMED IQUABAL P.ABDUL NISHAD RAIHANATH T.H. ISTINAF ABDULLAH MUHAMMED AMEEN RESPONDENTS: 1 THE DEPUTY SUPERINTENDENT OF POLICE, TIRUR DY.S.P. OFFICE, THRIKANDIYUR P.O., TIRUR TALUK, MALAPPURAM DISTRICT, PIN - 676104., PIN - 676104 2 THE CIRCLE INSPECTOR OF POLICE TIRUR POLICE STATION, TIRUR P.O., MALAPPURAM DISTRICT,, PIN - 676101 3 THE STATION HOUSE OFFICER TIRUR POLICE STATION, TIRUR P.O., MALAPPURAM DISTRICT, PIN - 676101 4 INTUC, MANGALAM UNIT MANGALAM P.O., TIRUR, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY, PIN - 676561
WP(C) No.15918 of 2023 2 5 CITU, MANGALAM UNIT MANGALAM P.O., TIRUR, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY, PIN - 676561 6 SAMYUKTHA THOZHILALI UNION MANGALAM P.O., TIRUR, MALAPPURAM DISTRICT,
The judgment continues below.
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