BharatTaxGST

Pulikkottil Devices And Distributors Private Limited vs. The Station House Officer

Original PDF →
WP(C)/24437/2020HC KeralaGSTCNR KLHC01060927202008 January 2021Bench: HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V6 pages

DATED 16.11.2020 IN IA NO.1/2020. ADDL.R9 BY SRI.S.KRISHNA MOORTHY, SC, KHWWB R1 & R2 BY SRI P P THAJUDEEN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.24437 OF 2020(D) 3 JUDGMENT The petitioner is a Company registered under the Companies Act and engaged in the retail business of electronic goods. The petitioner state that they have taken on licence basis a godown at Thycattussery within the limits of Thrissur Municipal Corporation for stocking and sale of refrigerator/freezer, television sets, home appliances etc. They assert that the establishment run by the petitioner is not situated in an area where the functional operation of the Headload Workers (Regulation of Employment and Welfare) Scheme, 1983 has been implemented. They further state that they have engaged skilled persons to handle the sophisticated goods which contain electronic circuit boards and delicate parts. According to the petitioner, the party respondents claiming to be members of the respondent numbers 4 and 5 obstructed the loading and unloading works in the establishment. The petitioner states that the party respondents are neither members of the union nor have any authority or right to claim work in the establishment run by the petitioner. When serious threats were made to the life and property of the petitioner and their employees, Exhibit P3 complaint was lodged before the respondents 1 and 2 seeking urgent intervention. The grievance of the petitioner is that the Police have refused to interfere despite being aware that

WP(C).No.24437 OF 2020(D) 4 a law and order situation is likely to arise. It is in the afore circumstances that the petitioner has approached this Court seeking for a direction to the respondents 1 and 2 to provide adequate and sufficient police protection to the workers and employees of the petitioner for loading and unloading of goods/articles at their godown at Thycattussery with door No.14/526 of Thrissur Corporation without any obstruction or threats from respondents 3 to 8 and their men.

2.

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

3.

Sri.Krishna Moorthy, 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.

4.

This Court by order dated 16.11.2020 had granted an interim order as prayed for.

5.

In view of the submission of the learned standing Counsel appearing for the Kerala head Load workers welfare fund board that the establishment is not situated in an area where the functional operation of the scheme has been extended, the respondents 3 to 8 or their men have no right to insist that the headload 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

WP(C).No.24437 OF 2020(D) 5 the petitioner.

6.

In that view of the matter there will be a direction to the respondents 1 and 2 to provide adequate and sufficient protection to the workers, employees and staff of the petitioner for carrying out the loading and unloading of goods/articles at the Godown situated at Thycattussery with door No. 14/526 of Thrissur Corporation without any obstruction or threats from the respondents 3 to 8 or their men. This Writ petition will stand disposed of. RAJA VIJAYARAGHAVAN V JUDGE DSV/8.1.2021

WP(C).No.24437 OF 2020(D) 6 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE LICENSE NO.140170052001100 DATED 20.10.2020 ISSUED TO THE PETITIONER FROM THRISSUR CORPORATION. EXHIBIT P2OF THE REGISTRATION CERTIFICATE NO.32AALCP0781DIZN ISSUED TO THE PETITIONER BY GOVERNMENT OF INDIA IN FORM GST REG-06 DATED 22.10.2020. EXHIBIT P3OF THE COMPLAINT DATED 4.11.2020 SUBMITTED BY THE PETITIONER BEFORE THE IST AND 2ND RESPONDENTS. EXHIBIT P4OF THE RECEIPT ISSUED FROM THE OFFICE OF THE IST RESPONDENT DATED 4.11.2020. EXHIBIT P5OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT DATED 5.11.2020. EXHIBIT P6 COMPLAINT FORWARDED BY E-MAIL TO THE FIRST RESPONDENT DATED 7.11.2020. RESPONDENT'S/S EXHIBITS: NIL //// P.A.TO JUDGE

Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.