Anshad M. vs. District Police Chief
Held
The Court held that even permanent workers must obtain registration under the Kerala Headload Workers Rules to exclude registered workers from the pool. Since the petitioner's workers were not registered, he was not justified in refusing to engage the registered workers from the Pool for loading/unloading work.
Facts
The petitioner, proprietor of M/s. A.B Traders, sought police protection against union workers obstructing his business and demanding their services for loading/unloading. The petitioner contended his establishment was not under the Kerala Headload Workers Scheme and he was entitled to use his own permanent workers, whose registration applications were pending.
Key Issues
Whether the petitioner was entitled to police protection to use his own unregistered permanent workers for loading/unloading, thereby excluding registered headload workers from the Pool, in an area where the Kerala Headload Workers Scheme was applicable.
Sections Cited
Kerala Headload Workers (Regulation of Employment and Welfare) Scheme, 1983, Head Load Workers Act, Rule 26A, Rule 27, Section 18, Section 20
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 TUESDAY, THE 08TH DAY OF DECEMBER 2020 / 17TH AGRAHAYANA, 1942 WP(C).No.18824 OF 2020(C) PETITIONER: ANSHAD M. AGED 28 YEARS S/O.MUHAMMED ABDEEN, PROPRIETOR OF A.B.TRADERS, 2/484, VAZHAKKODE, PERUVEMBA, PALAKKAD-678531. BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENTS: 1 DISTRICT POLICE CHIEF, OFFICE OF THE DISTRICT POLICE CHIEF, PARAKKUNNAM, VIDHYUT BHAVAN, PALAKKAD-678001. 2 CIRCLE INSPECTOR OF POLICE, PUDUNAGARAM POLICE STATION, PUDUNAGARAM, PALAKKAD-678503. 3 THE ASSISTANT LABOUR OFFICER, OFFICE OF THE A.L.O., IIND CIRCLE, CIVIL STATION, PALAKKAD-678001. 4 KERALA HEAD LOAD WORKERS WELFARE BOARD, DISTRICT COMMITTEE, 1ST FLOOR, M.A.COMPLEX, OPP. KSEB OFFICE, T.B.ROAD, PALAKKAD-678014, REP. BY ITS CHAIRMAN. 5 SIVARAMAN K., AGED 60 YEARS SECRETARY, C.I.T.U. PERUVEMBA UNIT, PERUVEMBA P.O., PALAKKAD-678531. R4 BY ADV. SRI.THOMAS ABRAHAM, SC SRI BIMAL K NATH, SR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.18824 OF 2020 2 JUDGMENT The petitioner is the proprietor of M/s. A.B Traders and i
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