Mohammed Fazil K.A vs. Station House Officer
Held
The Court held that since the Kerala Head Load Workers Scheme was not implemented in the godown's area, the petitioner was entitled to engage his own registered workers. It directed the police to provide protection against obstruction, affirming the petitioner's right to use his employees with identity cards.
Facts
The petitioner, a partner in a firm supplying essential commodities, sought police protection for loading and unloading activities at his godown in Kumaranelloor Village. He claimed the right to use his own registered headload workers, asserting that the area was not covered by the Kerala Head Load Workers (Regulation of Employment and Welfare) Scheme, 1983, while union leaders (respondents 4-7) obstructed his work.
Key Issues
Whether the petitioner has the right to engage his own registered headload workers in an area not covered by the Kerala Head Load Workers Scheme, and whether police protection should be granted against obstruction by union members.
Sections Cited
Kerala Headload Workers Act, 1978, Kerala Head Load Workers (Regulation of Employment and Welfare) Scheme, 1983
AI-generated summary — verify with the full judgment below
WP(C) NO. 9503 OF 2020 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 3RD DAY OF AUGUST 2021 / 12TH SRAVANA, 1943 WP(C) NO. 9503 OF 2020 PETITIONER/S: MOHAMMED FAZIL K.A AGED 33 YEARS S/O.K.K.ABDUL LATHEEF, KOONATHIL HOUSE, ENGILODI, OTTUPARA, KUMARANELLOOR.P.O., THRISSUR DISTRICT-680 590 BY ADVS. P.B.KRISHNAN SRI.SABU GEORGE RESPONDENT/S: 1 STATION HOUSE OFFICER (SUB INSPECTOR OF POLICE), WADAKKANCHERY POLICE STATION, THRISSUR-680 582 2 CIRCLE INSPECTOR OF POLICE, WADAKANCHERY POLICE STATION, THRISSUR-680 582 3 THE DEPUTY SUPERINTENDENT OF POLICE, THRISSUR-KUNNAMKULAM RD, KUNNAMKULAM, KERALA-680 503 4 K.P.MADANAN, AGED 52 YEARS CITU LEADER, KELAMPILAKKAL, KUMARANELLOR P.O., THRISSUR-680 590 5 SALI, AGED 45 YEARS AITUC LEADER, KALARIPARAMBIL HOUSE, JARAMKUNNU, THRISSUR-680 007 6 MADHU AGED 45 YEARS BMS UNION LEADER,KUMARANELLOR P.O., THRISSUR-680
WP(C) NO. 9503 OF 2020 2 590 7 RAZAQ AGED 58 YEARS AITUC UNION LEADER, KUMARANELLOR P.O., THRISSUR-680 590 8 ADDL.R8. KERALA HEAD LOAD WORKERS WELFARE BOARD HEAD OFFICE, SRM ROAD, ERNAKULAM NORTH, KALOOR, ERNAKULAM-682018, REPRESENTED BY ITS CHAIRMAN. 9 ADDL.R9. KERALA
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