Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN TUESDAY, THE 18TH DAY OF OCTOBER 2022 / 26TH ASWINA, 1944 WP(C) NO. 28033 OF 2022 PETITIONER:
T.M.TRADERS AGED 34 YEARS 50/2365B, THENKUDATH BUILDING, RAILWAY STATION ROAD, EDAPPALLY, PIN - 682024 REPRESENTED BY ITS MANAGING PARTNER, FAHAD, S/O.T.M.MAJEED, AGED 34 YEARS, THENKUDATH HOUSE, EDAPPALLY P.O, EDAPPALLY VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, BY ADVS.
P.M.ZIRAJ IRFAN ZIRAJ RESPONDENTS:
1 KERALA HEAD LOAD AND GENERAL WORKERS UNION (CITU), POOL NUMBER 44, EDAPALLY, ERNAKULAM, PIN - 682024 REPRESENTED BY ITS POOL LEADER 2 THE KERALA STATE HEAD LOAD WORKERS WELFARE BOARD ERNAKULAM DISTRICT COMMITTEE, ERNAKULAM, PIN - 682035 REPRESENTED BY ITS CHAIRMAN 3 SUB INSPECTOR OF POLICE, ELAMAKKARA POLICE STATION, ERNAKULAM DISTRICT-, PIN - 682026 4 COMMISSIONER OF POLICE, KOCHI CITY, ERNAKULAM DISTRICT,PIN - 682031 BY ADV SRI.S.KRISHNA MOORTHY, SC, KHWWB
WP (C ) NO. 28033 OF 2022 2 O THER PRESENT:
T.K.SHAJAHAN-SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP (C ) NO. 28033 OF 2022 3 JUDGMENT Dated this the 18
th day of October, 2022
This writ petition is filed seeking the following reliefs:
“1.
Issue a writ of mandamus or other appropriate writ, order or direction directing the respondents 3 and 4 to afford proper and adequate police protection to the partners and employees of petitioner, vehicles and equipments from the threat of members of first respondent union for smooth loading and unloading in the establishment of petitioner through the registered head load workers of petitioners.
2.
Direct the respondents 3 and 4 to take proper and adquate prevenitve action against first respondent and its members and their henchmen, followers and hired goondas from causing any untoward incident against the partners of petitioner, employees, equipments and vehicles and blocking the loading and unloading the works in the establishment of petitioner.” Heard the learned counsel for the petitioner, learned Government Pleader as well as the learned counsel appearing for the 2nd respondent. Though the notice was taken out to 1st respondent, there is no representation for the 1st respondent.
WP (C ) NO. 28033 OF 2022 4 Having heard the learned counsel of both sides, this writ petition disposed of making the interim order is absolute. In case of any illegal obstruction or threat to the petitioner by the 1st respondent, petitioner may approach Station House Officer and shall continue to provide adequate protection or take appropriate follow up action to loading and unloading being carried by registered head load workers of the petitioner.
Sd/- ANU SIVARAMAN Judge
mtk
WP (C ) NO. 28033 OF 2022 5 APPENDIX OF WP(C) 28033/2022 PETITIONER EXHIBITS Exhibit- P1 TRUE COPY OF THE LICENSE OF PETITIONER DATED 2.8.2021 ISSUED BY THE SECRETARY, CORPORATION OF KOCHI Exhibit- P2 TRUE COPY OF THE GST REGISTRATION CERTIFICATE OF PETITIONER DATED 21.9.2017 ISSUED BY ASSISTANT LABOUR OFFICER Exhibit- P3 TRUE COPY OF THE IDENTITY CARD OF EMPLOYEE OF PETITIONER BY NAME SAMAR ALI DATED 1.8.2022 ISSUED BY ASSISTANT LABOUR OFFICER Exhibit- P4 TRUE COPY OF THE IDENTITY CARD OF EMPLOYEE OF PETITIONER BY NAME MUMUD ALI DATED 1.8.2022 ISSUED BY ASSISTANT LABOUR OFFICER Exhibit- P5 TRUE COPY OF THE IDENTITY CARD OF EMPLOYEE OF PETITIONER BY NAME MUBARAK ALI DATED 1.8.2022 ISSUED BY ASSISTANT LABOUR OFFICER Exhibit- P6 TRUE COPY OF THE IDENTITY CARD OF EMPLOYEE OF PETITIONER BY NAME IKRAMUL HASSAIN DATED 1.8.2022 ISSUED BY ASSISTANT LABOUR OFFICER Exhibit- P7 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT WITH COPY TO THE FORTH RESPONDENT DATED 27.8.2022 Exhibit- P8 TRUE COPY OF THE RECEIPT DATED 27.08.2022 ISSUED BY THE THIRD RESPONDENT REGARDING RECEIPT OF EXHIBIT P7
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