Dixon Mathew vs. State Of Kerala
Held
The Court held that since the petitioners' establishment was not situated in a scheme-covered area, the unions could not insist on employing their workers. The interim order granting police protection against illegal obstruction was made absolute.
Facts
The petitioners, partners of 'Cortez Roofings', faced obstruction from trade unions (respondents 5 & 6) who insisted on employing union workers for loading and unloading activities. The petitioners contended their establishment was not in an area covered by the Headload Workers Scheme and they had their own permanent workers. Police refused to provide protection.
Key Issues
The key legal issue was whether trade unions could insist on employing their workers for loading and unloading in an establishment not covered by the Headload Workers Scheme, and if police protection should be granted against such obstruction.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V MONDAY, THE 21ST DAY OF DECEMBER 2020 / 30TH AGRAHAYANA, 1942 WP(C).No.23373 OF 2020(V) PETITIONER(S) : 1 DIXON MATHEW, S/O.LONAPPAN, THACHIL HOUSE, VENGALLOOR, KALOOR CHURCH ROAD, THODUPUZHA, IDUKKI DISTRICT, PIN-685 608. 2 JOHNLY DIXON, D/O.JOHN JOSEPH, THACHIL HOUSE, VENGALLOOR, KALOOR CHURCH ROAD, THODUPUZHA, IDUKKI DISTRICT, PIN-685 608. BY ADV. SRI.UNNIKRISHNAN.V.ALAPATT RESPONDENT(S): 1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2 STATION HOUSE OFFICER, VAZHAKKULAM POLICE STATION, VAZHAKKULAM, NEAR MUVATTUPUZHA, PIN-686 670. 3 THE KERALA STATE HEADLOAD WORKERS WELFARE FUND BOARD, DISTRICT COMMITTEE OFFICE, ERNAKULAM, PIN-682 018, REPRESENTED BY ITS CHAIRMAN. 4 THE ASSISTANT LABOUR OFFICER, OFFICE OF THE ASSISTANT LABOUR OFFICER, MUVATTUPUZHA, PIN-686 669. 5 CITU MADAKKATHANAM UNIT, REPRESENTED BY ITS SECRETARY, SR.SAMEER, MANJALLOOR P.O., MADAKKATHANAM, THODUPUZHA, PIN-686 670. 6 INTUC MADAKKATHANAM UNIT, REPRESENTED BY ITS PRESIDENT SRI.MATHAYI, MANJALLOOR P.O., MADAKKATHANAM, THODU
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