Taurean Metals And Trading vs. The State Police Chief, Kerala State

WP(C)/11381/2020HC KeralaGSTCNR KLHC01029221202004 December 2020Bench: HONOURABLE MR. JUSTICE ANIL K.NARENDRAN51 pages
AI SummaryDismissed

Held

The Court denied police protection, finding that the firm was attempting to circumvent the Kerala Headload Workers Act and Scheme by engaging unregistered headload workers (who were inducted as partners) in a Scheme-covered area. The firm was granted liberty to approach the jurisdictional Labour Officer for registration of its own headload workers, and until then, directed to engage registered pool workers.

Facts

A partnership firm engaged in trading metals and building materials sought police protection against trade union conveners, alleging obstruction and demand for 'nokkukooli'. The firm had reconstituted its partnership, inducting some of its employees as partners, after an earlier writ petition seeking similar relief was dismissed.

Key Issues

Whether the firm was entitled to police protection against alleged obstruction by headload workers' unions, especially when it had reconstituted its partnership by inducting employees as partners to circumvent the requirement of engaging registered headload workers in a Scheme-covered area.

Sections Cited

Section 9A, Section 28, Para.11

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 FRIDAY, THE 04TH DAY OF DECEMBER 2020 / 13TH AGRAHAYANA, 1942 W.P.(C)No.11381 OF 2020(W) PETITIONER/S: 1 TAUREAN METALS AND TRADING REPRESENTED BY ITS MANAGING PARTNER, RAJESH BABU, NEAR KSEB OFFICE, THIRUMUKKU, CHATHANOOR P.O., KOLLAM DISTRICT 2 RAJESH BABU MANAGING PARTNER, M/S. TAUREAN METAL AND TRADING, NEAR KSEB OFFICE, THIRUMUKKU, CHATHANOOR P.O., KOLLAM DISTRICT,RESIDING AT RAJESH BHAVAN, KOIPADU, CHATHANNOOR P.O., KOLLAM DISTRICT 3 AMBILY BABU PARTNER,M/S. TAUREAN METAL AND TRADING, NEAR KSEB OFFICE, THIRUMUKKU, CHATHANOOR P.O., KOLLAM DISTRICT, RESIDING AT ARUNODAYAM, THAZHAM, MEENAD, CHATHANNOOR P.O., KOLLAM DISTRICT 4 PRAKASH PARTNER, M/S. TAUREAN METAL AND TRADING, NEAR KSEB OFFICE, THIRUMUKKU, CHATHANOOR P.O., KOLLAM DISTRICT, RESIDING AT MALAVILA HOUSE, THAZHUTHALA, KANNANALLOOR P.O., KOLLAM DISTRICT 5 AMAL V.DEV PARTNER, M/S. TAUREAN METAL AND TRADING, NEAR KSEB OFFICE, THIRUMUKKU, CHATHANOOR P.O., KOLLAM DISTRICT, RESIDING AT MANGALATHU HOUSE, KILIKOLLOOR,KALLUMTHAZHAM P.O., KOLLAM DISTRICT

W.P.(C)No.11381 of 2020 2 6 SHABU PARTNER, M/

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