Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN MONDAY, THE 8TH DAY OF AUGUST 2022 / 17TH SRAVANA, 1944 WP(C) NO. 14479 OF 2022 PETITIONER:
MATHEW DANIEL AGED 65 YEARS S/O DANIEL, PROPRIETOR M.D AGENCIES, CHAKKUVALLY, SOORANAD PO, KOLLAM - 690 522 BY ADV K.V.GOPINATHAN NAIR RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM - 695 001 2 STATION HOUSE OFFICER, SOORANAD POLICE STATION, SOORANAD, KOLLAM - 690 522 3 THE CONVENER, HEAD LOAD WORKERS UNION(CITU), SOORANAD AREA COMMITTEE, CHAKKUVALLY UNIT, SOORANAD, KOLLAM - 690 522 OTHER PRESENT:
T.K.SHAJAHAN-SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14479 OF 2022 2 JUDGMENT Dated this the 8th day of August, 2022 This writ petition is filed seeking the following reliefs:- i) To declare that the 3rd respondent and its members of the union has no right or authority to interfere in the functioning and loading and unloading work of the establishment of the petitioner with his own permanent registered workers who has already have identity cards to do the said work.
ii) To issue a writ of mandamus or any other appropriate writ, direction or order directing the 2nd respondent to afford necessary and adequate police protection for the loading and unloading work of the establishment of the petitioner with his permanent registered workers, by removing the illegal and unauthorized obstruction causing by 3rd respondent and the members and supporters of the said union, in the interest of justice.
2.
Heard the learned counsel for the petitioner and the learned Government Pleader.
3.
Though notice was taken out to the 3rd respondent, there is no appearance for the said respondent.
4.
It is submitted by the learned counsel for the petitioner that the petitioner has 4 permanent workers having identity cards issued under Rule 26A of the Kerala Headload Workers Rules and
WP(C) NO. 14479 OF 2022 3 that the petitioner is carrying out loading and unloading activity in his premises utilizing their services. It is submitted that the 3rd respondent and its members have no right to interfere in the loading and unloading activity, in the light of the provisions of the Act, the scheme as well the decisions of this court.
5.
The learned Government Pleader submits that at present there is no law and order situation in the premises of the petitioner.
In the above view of the matter, this writ petition is closed making the interim order absolute. In case of any obstruction by the 3rd respondent or anybody claiming through them to the loading and unloading activity by utilizing the services of registered permanent workers in the petitioners establishment, the petitioner may inform the Station House Officer, who shall continue to afford adequate protection to the petitioner for carrying out such activity.
This writ petition is ordered accordingly.
Sd/- ANU SIVARAMAN JUDGE ska
WP(C) NO. 14479 OF 2022 4 APPENDIX OF WP(C) 14479/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION RELATING TO GST ISSUED ON 17.7.2018 Exhibit P2 A TRUE COPY OF THE CERTIFICATE ISSUED ON 31.1.1998 REGARDING THE REGISTRATION UNDER THE SHOPS AND COMMERCIAL ESTABLISHMENT ACT, 1960 Exhibit P3 TRUE COPY OF THE IDENTITY CARDS OBTAINED BY WORKER OF THE ESTABLISHMENT LBR 02/08/2012 Exhibit P4 TRUE COPY OF THE IDENTITY CARDS OBTAINED BY WORKER OF THE ESTABLISHMENT LBR 02 /08/02/2022 Exhibit P5 TRUE COPY OF THE IDENTITY CARDS OBTAINED BY WORKER OF THE ESTABLISHMENT LBR 02/08/04/2022 Exhibit P6 TRUE COPY OF THE IDENTITY CARDS OBTAINED BY WORKER OF THE ESTABLISHMENT LB2 02/08/03/20120 Exhibit P7 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 10.4.2022