Cemtech vs. The State Of Kerala

WP(C)/39051/2022HC KeralaGSTCNR KLHC01084453202212 December 2022Bench: HONOURABLE MRS. JUSTICE ANU SIVARAMAN4 pages
For Petitioner: TERRY V.JAMES, ABRAHAM KOLLINAL
AI SummaryAllowed

Held

The Court noted that the area where the petitioner's establishment is located is not a scheme-covered area under the Headload Workers Welfare Fund Board. Consequently, the writ petition was closed, making the interim order absolute, thereby granting the requested police protection.

Facts

Cemtech, a business entity, sought police protection against hindrance from CITU workers (respondents 6-8) for its business activities, including loading/unloading of goods and ensuring free ingress and egress to its premises. The petitioner's establishment is located in an area not covered by the Headload Workers Welfare Fund Board scheme.

Key Issues

Whether the petitioner was entitled to police protection for its business operations, including loading/unloading and access, from protesting workers, especially given that the establishment was situated in a non-scheme covered area under the Headload Workers Welfare Fund Board.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN MONDAY, THE 12TH DAY OF DECEMBER 2022 / 21ST AGRAHAYANA, 1944 WP(C) NO. 39051 OF 2022 PETITIONER: CEMTECH, 13/280 B, CHELANNUR, KUMARASWAMI, NANMANDA, KOZHIKODE- 673 616, REPRESENTED BY ITS MANAGING PARTNER, MR. SUBIN NAVAS. BY ADVS. TERRY V.JAMES ABRAHAM KOLLINAL RESPONDENTS: 1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, GROUND FLOOR, MAIN BLOCK, SECRETARIAT, THIRUVANANTHAPURAM- 695001. 2 THE DISTRICT POLICE CHIEF, KOZHIKODE RURAL, OFFICE OF THE DISTRICT POLICE CHIEF, KOZHIKODE-673101. 3 THE STATION HOUSE OFFICER, KAKKOOR POLICE STATION, BALUSSERRY ROAD, KOZHIKODE- 673006. 4 THE ASSISTANT LABOUR OFFICER, KOZHIKODE 1 CIRCLE, OFFICE OF THE ASSISTANT LABOUR OFFICER, ERANHIPALAM, CIVIL STATION, KOZHIKODE-673020. 5 THE HEADLOAD WORKERS WELFARE FUND BOARD, KOZHIKODE DISTRICT COMMITTEE, REPRESENTED BY ITS CHAIRMAN, V.K. BUILDING, CHEROOTY ROAD, MANANCHIRA, KOZHIKODE-673001. 6 BASHEER A.K, CITU WORKER, S/O. ALI, OTHENAKULANGARA HOUSE, MORIKKARA, KAKKODI, KOZHIKODE- 673611. 7 HARIS A, CITU WORKER, S/O. ABOOBACKER, PULIKKAL HOUSE, MULLOLITHAZHAM, CHELAPRAM, KOZHIKODE- 6

The judgment continues below.

Read the full judgment

A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.