Hakkim.A. vs. State Of Kerala
Held
The Court held that since the area is not scheme-covered, the petitioner is entitled to use his own employees for loading/unloading without obstruction. It directed the police to ensure no law and order threat and provide protection if the petitioner requests it due to obstruction.
Facts
The proprietor of Tajmahal Tiles and Granites sought police protection to conduct loading and unloading activities using his own employees, alleging obstruction from headload workers and their unions. The business is located in an area not covered by the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme, 1983.
Key Issues
Whether a business owner in a non-scheme area can employ their own workers for loading/unloading without obstruction from headload workers/unions, and if police protection should be granted in such a scenario.
Sections Cited
Article 226, Section 3, Section 4, Section 21, Rule 15
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942 WP(C).No.2347 OF 2021(P) PETITIONER: HAKKIM.A., AGED 53 YEARS S/O. ABDUL SAMAD, PROPRIETOR, TAJMAHAL TILES AND GRANITES, RESIDING AT MUPPARAYIL VEETTIL, CHETTACHAL P.O, VITHURA, THIRUVANANTHAPURAM-695 551 BY ADV. SMT.N.P.ASHA RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001 2 THE STATE POLICE CHIEF, KERALA STATE POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 010 3 THE CIRCLE INSPECTOR OF POLICE, PALODE POLICE STATION, THIRUVANANTHAPURAM-695 562 4 THE STATION HOUSE OFFICER, PALODE POLICE STATION, THIRUVANANTHAPURAM-695 562. 5 KERALA HEADLOAD WORKERS WELFARE BOARD, THIRUVANANTHAPURAM DISTRICT COMMITTEE OFFICE, KAUSTHUBHAM COMPLEX, CHENTHITTA, THIRUVANANTHAPURAM-695 036. WP(C).No.2347 OF 2021(P) 2 6 SAHADEVAN, AGED 64 YEARS, CONVENOR, CENTER OF INDIAN TRADE UNIONS (CITU), UNION OFFICE, PLAVARA, PACHA P.O, PALODE, THIRUVANANTHAPURAM-695 562 7 BAIJU, AGED 45 YEARS S/O. SADANANDAN, CONVENOR, INDIAN NATIONAL TRADE UNION
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