Kishore P.P vs. State Of Kerala
Held
The Court held that if loading is done mechanically, headload workers cannot claim the work. However, if manual loading is undertaken in a scheme-covered area, only registered headload workers must be engaged. The police were directed to provide protection for mechanical loading and ensure law and order, considering the petitioner's request.
Facts
The petitioner, a dealer in minerals with valid licenses and GST registration, sought police protection to mechanically load building materials using a JCB, alleging obstruction from headload workers' unions. The unions claimed entitlement to the loading work, arguing the unit was not fully mechanized and was in a scheme-covered area.
Key Issues
Whether police protection should be granted against headload workers' obstruction for mechanical loading, and the rights of headload workers in a scheme-covered area for manual versus mechanical work.
Sections Cited
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 WEDNESDAY, THE 27TH DAY OF JANUARY 2021 / 7TH MAGHA, 1942 WP(C).No.364 OF 2021(U) PETITIONER: KISHORE P.P AGED 45 YEARS S/O.PRABHAKARAN, PUTHANPURACKAL HOUSE, KATTAPPANA, IDUKKI DISTRICT BY ADVS. SRI.A.C.DEVASIA SMT.ANCY MATHEW SRI.MATHEW DEVASSI RESPONDENTS: 1 STATE OF KERALA REP.BY SECRETARY TO HOME AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN 695 001 2 THE SUPERINTENDENT OF POLICE KUYILUMALA, PYNAVU, IDUKKI DISTRICT, PIN 685 603 3 THE SUB INSPECTOR OF POLICE KATTAPPANA, KATTAPPANA POLICE STATION, IDUKKI DISTRICT, PIN 685 515 4 HEAD LOAD WORKERS UNION BHARATHIYA MASDOOR SANGH (BMS), REP.BY ITS CONVENER, SHIJO P.P., AGED ABOUT 40 YEARS, S/O.PRABHAKARAN, PARAPPARAMBIL HOUSE, KAIRALI NAGAR, KAIRALI NAGAR JUN., KATTAPPANA, BJP AND BMS OFFICE, KATTAPPANA, IDUKKI DISTRICT, PIN 685 515 5 HEAD LOAD WORKERS UNION REP.BY ITS CONVENOR, GEORGE ANTONY, AGED ABOUT 45 YEARS, S/O.ANTONY, VECHOOKAROTTU HOUSE, NATHUKALLU KARA, KATTAPPANA, CITU OFFICE, KATTAPPANA, IDUKKI DISTRICT, PIN 685 515 6 DISTRICT LABOUR OFFICER IDUKKI, OFFICE AT THODUPUZHA, THODUPUZHA, IDUKKI DISTRICT PIN 685 584
The judgment continues below.
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