Stone And Rock vs. C.I.T.U Pool No.0/14
Held
The Court found that the predominant activity of the petitioner was sale of stones, and loading/unloading was incidental, based on the Assistant Labour Officer's report. Therefore, the headload workers' union could not claim a statutory right to be engaged in such incidental activities. Police protection was ordered for the petitioner's employees.
Facts
A firm engaged in processing and sale of stones sought police protection against obstruction by headload workers' union, who claimed a right to loading/unloading work. The firm contended that loading/unloading was merely incidental to its primary business of selling stones, thus not falling under the Kerala Headload Workers Act for mandatory engagement of registered workers.
Key Issues
Whether the loading and unloading activities in a stone processing and sale business are incidental or fall under the Kerala Headload Workers Act, entitling union workers to exclusive engagement, and whether police protection should be granted against obstruction.
Sections Cited
None
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 20TH DAY OF SEPTEMBER 2021 / 29TH BHADRA, 1943 WP(C) NO. 34551 OF 2019 PETITIONER: M/S STONE AND ROCK, BYE PASS JUNCTION, SANTHOSH NAGAR, MANNUTHI, THRISSUR REPRESENTED BY ITS PROPRIETOR, MUHAMMED JEELI, S/O.EASA RAWTHER, AGED 51 YEARS. BY ADV P.M.ZIRAJ RESPONDENTS: 1 C.I.T.U POOL NO.0/14, 217/83, MANNUTHI P.O., PIN-680 651, THRISSUR DISTRICT REPRESENTED BY ITS PRESIDENT, JOHNY, AGED ABOUT 60 YEARS.
JOHNY, AGED ABOUT 60 YEARS, PRESIDENT, C.I.T.U. POOL THRISSUR DISTRICT.
PRASAD, AGED ABOUT 42, UNION LABOUR, C.I.T.U. POOL THRISSUR DISTRICT.
SUB INSPECTOR OF POLICE, MANNUTHI POLICE STATION, THRISSUR DISTRICT-680 651. 5 THE DEPUTY SUPERINTENDENT OF POLICE, THRISSUR-680 022. 6 THE DISTRICT POLICE CHIEF, THRISSUR, THRISSUR DISTRICT-680 009. 7 ASSISTANT LABOUR OFFICER(ALO), THRISSUR, THRISSUR DISTRICT-680 020. *8 KERALA STATE HEAD LOAD WORKERS WELFARE BOARD THRISSUR DISTRICT COMMITTEE, THRISSUR 680 001. REPRESENTED BY ITS CHAIRPERSON
WPC 34551
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