Judgment
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, REPRESENTED BY ITS SECRETARY, PIN - 676561 7 THE ASSISTANT LABOUR OFFICER, TIRUR OFFICE OF THE ASSISTANT LABOUR OFFICER, TIRUR P.O., MALAPPURAM DISTRICT, PIN - 676101 8 THE DISTRICT EXECUTIVE OFFICER HEAD LOAD WORKERS' WELFARE FUND BOARD, MALAPPURAM P.O., PIN – 676505 BY ADVS.
PRAVEEN H HARIKUMAR THOMAS ABRAHAM M.PREMKUMAR(K/335/2008) ADV.RAJEEV JYOTHISH GEORGE-GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.15918 of 2023 3 JUDGMENT Dated this the 6th day of June, 2023 The petitioner is a Partnership Firm doing business in Iron and Steel and other related items in Mangalam Panchayat. The petitioner has approached this Court seeking police protection from respondents 4 to 6.
2.
According to the petitioner, the petitioner has four registered workers. Now, the 6th respondent is causing obstruction to the petitioner-Firm, alleging that only they are entitled to do the loading and unloading work. The petitioner would submit that the area is not one where the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme is made applicable. The petitioner has its own permanent workers to do loading and unloading work.
Respondents 4 to 6 have no legal right to insist that their members should be engaged for doing work in the petitioner- Firm.
WP(C) No.15918 of 2023 4 3.
The 5th respondent entered appearance and resisted the writ petition. The 5th respondent submitted that the members of the 5th respondent-Union, being registered pool workers, have an exclusive right to do loading and unloading work in the area, where the petitioner-Firm is situated. Till the year 2016 they have been doing the loading and unloading work. After 2016, the petitioner desisted from engaging the registered headload workers from the pool and instead started to resort to illegal engagement of migrant workers for cheap wages. Thereafter, a dispute was raised under Section 21 of the Kerala Headload Workers Act, 1978.
The said dispute is pending consideration before the Conciliation Officer.
4.
Government Pleader, on instructions, submitted that applications were submitted by the petitioner’s workers for Attached Workers Cards and the petitioner’s employees who are permanent workers have been issued with Rule 26 A Cards on 03.06.2023.
WP(C) No.15918 of 2023 5 5.
I have heard the learned counsel for the petitioner, the learned Government Pleader representing respondents 1 to 3 and 7 and the respective counsel appearing for respondents 5 and 8.
6.
The petitioner has approached this Court insisting that the petitioner has its own permanent headload workers and the petitioner should be granted police protection to do all loading and unloading activities within the Trading premises, using its own workers, without any hindrance or let from any of the respondents 4 to 6. It is stated that conciliation is pending before the competent authority in the matter of the right of the members of the 5th respondent-Union to do loading and unloading work. It is now submitted that registration under the Kerala Headload Workers Rules have been granted to the Attached Workers of the petitioner. The respondents 4 to 6 can claim headload work only if there is excess work, which cannot be carried out exclusively by the Attached Workers of the petitioner.
WP(C) No.15918 of 2023 6 In view of the above, the writ petition is disposed of directing the 3rd respondent-Station House Officer to give adequate protection to the petitioner for doing loading and unloading work in the Trade premises using its own Attached Workers. This will be subject to a condition that the petitioner shall co-operate with conciliation proceedings pending before the competent authority.
Sd/- N.NAGARESH JUDGE spk
WP(C) No.15918 of 2023 7 APPENDIX OF WP(C) 15918/2023 PETITIONER EXHIBITS EXHIBIT-P1 THE TRUE COPY OF THE LICENSE ISSUED BY THE MANGALAM GRAMA PANCHAYATH DATED 24.4.2023 EXHIBIT-P2 THE TRUE COPY OF THE GST REGISTRATION CERTIFICATE OF THE FIRM DATED 9.5.2023 EXHIBIT-P3 THE TRUE COPY OF THE INTERIM ORDER IN W.P.(C).NO.16469/2016 OF THIS HON'BLE COURT DATED 6.5.2016 EXHIBIT-P4 THE TRUE COPY OF THE JUDGMENT IN W.P.
(C).NO.16469/2016 OF THIS HON'BLE COURT DATED 11.6.2018 EXHIBIT-P5 THE TRUE COPY OF THE NOTICE ISSUED BY THE 7TH RESPONDENT DATED NIL EXHIBIT-P6 THE TRUE COPY OF THE NOTICE ISSUED BY THE 7TH RESPONDENT DATED 8.11.2022 EXHIBIT-P7 THE TRUE COPY OF THE FORM 9 APPLICATIONS FOR REGISTRATION OF HEAD LOAD WORKERS DATED 18.11.2022 EXHIBIT-P8 THE TRUE COPY OF THE NOTICE ISSUED BY THE 7TH RESPONDENT DATED 23.11.2022 EXHIBIT-P9 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE 6TH RESPONDENT DATED 10.5.2023 EXHIBIT-P10 THE TRUE COPY OF THE APPLICATIONS FOR REGISTRATION OF HEAD LOAD WORKERS DATED 5.4.2023 EXHIBIT-P11 THE TRUE COPY OF THE NOTICE ISSUED BY THE 7TH RESPONDENT DATED 24.4.2023 EXHIBIT-P12 THE TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE FIRM OF THE PETITIONER DATED 28.5.2016 EXHIBIT-P13 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE 6TH RESPONDENT DATED 25.3.2023
WP(C) No.15918 of 2023 8 EXHIBIT-P14 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 10.5.2023 RESPONDENT EXHIBITS EXHIBIT R5(A) TRUE COPY OF THE REPRESENTATION DATED 20.03.2023 SUBMITTED BY THE 6TH REPRESENTED BEFORE THE 7TH RESPONDENT