Mathew Daniel vs. The State Of Kerala
Held
The Court declared that the 3rd respondent union had no right to interfere with the petitioner's loading and unloading activities performed by his permanent registered workers. It made the interim order for police protection absolute, directing the Station House Officer to provide adequate protection if any obstruction occurs.
Facts
The petitioner, proprietor of M.D Agencies, sought police protection for loading and unloading work carried out by his four permanent registered workers, alleging obstruction by the 3rd respondent Head Load Workers Union. He contended the union had no right to interfere with his registered workers who hold identity cards under the Kerala Headload Workers Rules.
Key Issues
The key legal issues were whether a Head Load Workers Union could obstruct loading/unloading by an establishment's own registered workers, and if the petitioner was entitled to police protection against such interference.
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 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 identit
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