Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA, 1944 WA NO. 1440 OF 2022 AGAINST THE JUDGMENT IN WP(C) 18590/2022 DATED 30.08.2022 OF HIGH COURT OF KERALA APPELLANTS/PETITIONERS IN TEH WP(C):
1 NISSAM ABDUL REHIMAN KUNJU, AGED 50 YEARS S/O. REHIMAN KUNJU, RESIDING AT KATHUNGAL PADA, NORTH PO, KARUNAGAPALLY TALUK, KOLLAM DISTRICT, PARTNER, M/S.
PIONEERS TILES AND GRANITES, HEAD OFFICE IN BUILDING NO. KSP/XIV/1383 & BRANCH IN KSP/V/687 PUTHIYAKAVU IN KULASEKHARAPURAM, PIN CODE- 690544.
2 NISSAMUDEEN, AGED 40 YEARS S/O. IBRAHIM KUTTY, VAYALIL THARAYIL, KATTILKADAVU P.O., ADINAD SOUTH, KARUNAGAPALLY, PIN CODE- 690542.
3 ABDUL JUNAID S., AGED 40 YEARS S/O. SUBERKUTTY, RESIDING AT PULIVELI VADAKKETHARA, MUKUNDAPURAM P.O., MADAPALLY, CHAVARA, PIN CODE -691585.
4 SHEMEER, AGED 36 YEARS S/O. YOUSAF KUNJU, KANDASSERIVADAKKATHIL, KATTILKADAVU, KATTILKADAVU ADINADU SOUTH, PIN CODE -690542.
5 NAZIM, AGED 35 YEARS S/O. YOUNUS KUTTY, RESIDING AT THOPPITHARA, KATTILKADAVU, ADINAD SOUTH, PIN CODE -690542.
6 SUKESAR KAPAR, AGED 46 YEARS S/O. VISUNI KAPAR, APARTMENT NO.348/B, PADA NORTH, KARUNAGAPALLY, PIN CODE NO.690544.
7 ABDUL SALEEM,
WA NO. 1440 OF 2022 -2- AGED 35 YEARS S/O.SAINUDEEN KUNJU, CHANGAYIL VADAKKATHIL, ALUMKADAVU P.O, NAMBARUVIKALA, KARUNAGAPALLY, KOLLAM, PIN CODE- 690573.
8 CHANDRAN K., AGED 48 YEARS S/O. KARUNAKARAN, PUTHEN KANDATHIL, ADINADU SOUTH, KATTILKADAVU P.O., KARUNAGAPALLY, PIN -690542.
9 RAJARAM KAPAR, AGED 35 YEARS S/O. RAM NARESH KAPAR, APARTMENT NO. 348/B, PADA NORTH, KARUNAGAPALLY, PIN CODE- 690544.
10 WASHIM FIRUZ, AGED 28 YEARS S/O.ABDUL MOJID, APARTMENT NO.348/B, PADA NORTH, KARUNAGAPALLY, PIN CODE -690544.
11 SALIM MIYAN, AGED 52 YEARS S/O. ALAUDIN, RESIDING AT APARTMENT NO. 348/C, PADA NORTH, KARUNAGAPALLY, PIN CODE -690544.
12 SHOHIDUL ISLAM, AGED 30 YEARS S/O. RUSTOM ALI, RESIDING AT APARTMENT NO.348/C, PADA NORTH, KARUNAGAPALLY, PIN CODE -690544.
13 HAFIJUDDIN, AGED 29 YEARS S/O. ABDUL MATALIB, RESIDING AT APARTMENT NO.348/C, PADA NORTH, KARUNAGAPALLY, PIN CODE -690544.
BY ADVS.
P.V.VENUGOPAL P.CHANDRASEKHAR ANAND SANKAR REGIMOL M.K.
RESPONDENTS/RESPONDENTS IN THE WP(C):
1 INSPECTOR OF POLICE (SHO),
WA NO. 1440 OF 2022 -3- KARUNAGAPALLY POLICE STATION, PIN CODE NO. 691572.
2 COMMISSIONER OF POLICE (CITY), KOLLAM, PIN CODE -691001.
3 CHITTUMOOLA NASSAR, S/O. JAMALUDEEN KUNJU, KURUDANTE AYYATHU, (LEADER HEAD LOAD WORKER INTUC), PIN CODE -691571.
4 YOUSUFF KUNJU, KOCHAYYATHU VEETTILL, PUNNAKULAM ADINAD, (HEAD LOAD WORKER OF INTUC, KULASEKHARAPURAM BRANCH).
5 POOKUNJU, S/O. PAREED KUNJU, (HEAD LOAD WORKER OF INTUC), KULASEKHARAPURAM BRANCH.
6 KERALA HEAD LOAD WORKERS WELFARE FUND BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, SRM ROAD, ERNAKULAM, KOCHI-18, PIN CODE-682018.
BY ADVS.
T.GOPALAKRISHNAN K.SIJU SRI.SREEJITH V.S., GOVERNMENT PLEADER THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA NO. 1440 OF 2022 -4- K.VINOD CHANDRAN & C. JAYACHANDRAN, JJ ----------------------------------------------------------------- W.A.No.1440 of 2022 ---------------------------------------------------- Dated this the 3rd day of November, 2022 J U D G M E N T K. Vinod Chandran,J The writ appeal is filed against the impugned judgment which refused to grant the prayer sought for by the petitioner on the ground that there is no registered firm in existence. The specific contention of the appellants who were the petitioners before the learned Single Judge was that they were partners of a firm and that the loading and unloading carried out in the premises of the firm was by the owners, meaning partners. They also relied on Ext.P9 judgment of another Division Bench of this Court, which held that partners, who are owners, having not been conferred with a right to seek Rule 26A cards, cannot be obstructed from carrying out the loading and unloading in their own premises.
2. The Board and the union leaders – the party respondents, objected on the ground that Ext.P1 is a sham document, especially since there is only 1% partnership for all partners except appellants 1 and 2. The licence is in the name of the 1st appellant alone. Respondents are union leaders demanding work and no pool worker has been impleaded. However, the learned Counsel
WA NO. 1440 OF 2022 -5- for the appellants points out that even the registration under the GST Act and all other documents show the firm being in existence and carrying on the business. In the appeal, Annexure A1 has been produced, which is the registration certificate issued by the Registrar of Firms. This document was not produced before the learned Single Judge. If the firm is registered, then the exact constitution of the partnership may not be very relevant. In such circumstances, it would be appropriate for the appellants to move a review before the learned Single Judge.
Writ Appeal is closed, leaving open all contentions before the learned Single Judge.
Sd/- K.VINOD CHANDRAN JUDGE Sd/- C. JAYACHANDRAN JUDGE uu 03.11.2022
WA NO. 1440 OF 2022 -6- APPENDIX OF WA 1440/2022 PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE ACKNOWLEDGMENT OF REGISTRATION OF FIRMS ISSUED BY REGISTRAR OF FIRMS, THIRUVANANTHAPURAM.