Shebeer vs. The Commissioner Of Police - Kerala High Court, 26 March 2021

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943 WP(C).No.26315 OF 2020(L) PETITIONER: SHEBEER, AGED 34 YEARS, S/O. ABDUL MAJEED, RESIDING AT PANANPARAMBIL, THEKKECHERRY, THRIKKARUVA VILLAGE, KANJAVELI P.O., KOLLAM-691002. BY ADVS. SRI.M.KIRANLAL SRI.MANU RAMACHANDRAN SRI.T.S.SARATH SRI.R.RAJESH (VARKALA) RESPONDENTS: 1 THE COMMISSIONER OF POLICE, KOLLAM, KOLLAM DISTRICT-691001. 2 THE INSPECTOR OF POLICE, ANCHALUMMOODU POLICE STATION, KOLLAM DISTRICT-691601 3 THE SECRETARY, HEAD LOAD WORKERS UNIT (INTUC), KANJAVELY, KOLLAM-691602. 4 THE SECRETARY, HEAD LOAD WORKERS UNIT (CITU), KANJAVELY, KOLLAM-691602. 5 *ADDL. R5. HEADLOAD WORKERS WELFARE BOARD REPRESENTED BY ITS DISTRICT CHAIRMAN USHUS BUILDING, ANDAMUKKAM, KOLLAM DISTRICT, PIN-691001. IS IMPLEADED AS PER ORDER DATED 04.12.2020 IN IA1/2020 IN WP(C) 26315/2020. R5 BY ADV. SRI.K.SIJU SRI THAJUDEEN PP, GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.26315 OF 2020(L) 2 JUDGMENT The petitioner is the proprietor of Bismi Hardwares and is engaged in the distribution and sale of hardware and construction equipment. He contends that his establishment is situated at Kanjavally within the limits of Thrikkaruva Village where the functional operation of the Headload Workers (Regulation of Employment and Welfare) Scheme, 1983 has not been implemented. He states that he has his own employees to handle the head load work in the establishment. According to him, the workers attached to the respondent 3 and 4 unions have been demanding that their union members be engaged for loading and unloading goods in the establishment. The petitioner states that he is not bound to engage persons who owe allegiance to the respondents 3 and 4 and they have no right to insist that they should be engaged. It is contended that the members of the respondents 3 and 4 unions have been threatening the petitioner and they are demanding “Nokkukooli” which has been prohibited. In the said circumstances, Exhibits P3 and P4 complaints were preferred before the District Labour Officer and the Police respectively. However no action was taken. It is in the afore circumstances that the petitioner has approached this Court seeking a direction to the respondents 1 and 2 to provide adequate and sufficient police protection

WP(C).No.26315 OF 2020(L) 3 to the workers and employees of the petitioner to efficiently run his business without any threat or obstruction from the respondents union or their men.

Though notice was served to the party respondents, none appears.

Sri.Siju Kamalasanan, the learned Standing Counsel appearing for the Kerala Head Load Workers Welfare Board submitted that the establishment run by the petitioner is not situated in an area where the functional operation of the Head Load Workers Scheme has been extended. A statement has also been filed by the Standing Counsel asserting the said fact.

This Court by order dated 27.11.2020 had granted an interim order as prayed for.

In view of the submission of the learned Standing Counsel appearing for the Kerala Head Load Workers Welfare Board that the establishment is not situated in an area where the functional operation of the Scheme has been extended, the respondents 3 and 4 or their members have no right to insist that the head load work in the establishment run by the petitioner should be given to them. Furthermore, none of the party respondents have appeared before this Court to convert the contentions of the petitioner.

WP(C).No.26315 OF 2020(L) 4

In that view of the matter the interim order granted on 27.11.2020 is made absolute. This Writ petition will stand disposed of. RAJA VIJAYARAGHAVAN V sru JUDGE

WP(C).No.26315 OF 2020(L) 5 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 AOF THE REGISTRATION CERTIFICATE ISSUED UNDER GST RULES. EXHIBIT P2 AOF THE LICENSE ISSUED FROM THE PANCHAYAT. EXHIBIT P3 AOF THE COMPLAINT PREFERRED TO THE DISTRICT LABOUR OFFICER DATED 11/11/2020. EXHIBIT P4 AOF THE COMPLAINT DATED 12/11/2020 PREFERRED TO THE STATION HOUSE OFFICER, ANCHALUMMOOD POLICE STATION. EXHIBIT P5 AOF THE RECEIPT ISSUED FROM THE ANCHALUMMOOD POLICE STATION DATED 12/11/2020. EXHIBIT P6 AOF THE REPLY DATED 20/11/2020 GIVEN BY THE ASSISTANT LABOUR OFFICER. RESPONDENTS EXHIBITS:NIL //// P.A TO JUDGE