Abraham Skaria M.S. vs. The Station House Officer & Circle Inspector Of Police
Held
The Court held that the petitioner has the right to carry out loading and unloading work with his statutorily registered employees, but not with unregistered workers. The Assistant Labour Officer (8th respondent) was directed to inspect the premises to ensure only registered workers are employed, and police protection shall be granted if the petitioner complies.
Facts
The petitioner, proprietor of a cements and steels shop, sought police protection to carry out loading and unloading work using his registered head load workers. Rival head load workers and unions (respondents 4-7) obstructed the work, contending that the petitioner was using unregistered workers and that they should be engaged if the petitioner's own workers were insufficient.
Key Issues
Whether the petitioner is entitled to police protection for loading/unloading work using his registered employees, and whether rival head load workers can obstruct such work based on claims of unregistered workers being used.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN WEDNESDAY, THE 12TH DAY OF JANUARY 2022 / 22ND POUSHA, 1943 WP(C) NO.28403 OF 2021 PETITIONER :- ABRAHAM SKARIA M.S., AGED 60 YEARS S/O.SKARIA, PROPRIETOR, MASCO CEMENTS AND STEELS, MASCO COMPLEX, NH 85, THONNIKKA, KOLENCHERY, ERNAKULAM DIST., PIN - 682 311 RESIDING AT MUTHIRAMATTATHIL, KARUKAPPILLY P.O., KOLENCHERY, ERNAKULAM DIST., PIN - 682 311. BY ADVS. V.J.JAMES ABRAHAM P.GEORGE K.A.HAZAN M.M.FATHIMA JALEENA K.P.WILSON ARUN PAUL (KAPRASSERY) RESPONDENTS :- 1 THE STATION HOUSE OFFICER & CIRCLE INSPECTOR OF POLICE PUTHENCRUZ POLICE STATION, PUTHENCRUZ P.O., ERNKAULAM DIST., PIN - 682 308. 2 THE DISTRICT POLICE CHIEF ALUVA RURAL, ALUVA, ERNAKULAM DISTRICT, PIN- 683 101. 3 THE CHAIRMAN KERALA HEAD LOAD WORKERS WELFARE BOARD, SUB COMMITTEE OFFICE, PUTHENCRUZ P.O., ERNAKULAM DIST., PIN - 682 308. 4 P.V.KUTTAN, AGED 52 YEARS S/O.VAYARONI, POOL LEADER, POOL NO.20, RESIDING AT PANDARAMOLEL, PALAKKAMATTOM, KOLENCHERRY, ERNAKULAM DIST., PIN - 682 311. 5 BABU P.P., AGED 46 YEARS S/O.PATHROSE, POOL LEADER, POOL NO.21, PANDALIPARAMBIL HOUSE, KINGINIMATTOM, KOLENCHERRY, ERNAKULAM DIST., PI
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