Muhammad Hinaaz Madathil vs. State Of Kerala
Original PDF →Facts
The petitioner, a building materials business, operates in an area covered by the Kerala Headload Workers Act but without a constituted headload worker pool. Their application for worker registration was rejected, leading to difficulties in engaging workers for loading and unloading.
Held
The Court held that in the absence of a constituted headload worker pool, the petitioner is free to engage their own employees for loading and unloading. The petitioner is entitled to necessary police protection for this activity until a pool is established.
Key Issues
Whether a business is entitled to engage its own employees for loading and unloading and receive police protection for such activity, when operating in a scheme-covered area under the Kerala Headload Workers Act but without a constituted headload worker pool.
Sections Cited
None
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THUR AY, THE 20TH DAY OF FEBRUARY 2020 / 1ST PHALGUNA, 1941 WP(C).No.2694 OF 2020(J) PETITIONER: MUHAMMAD HINAAZ MADATHIL AGED 25 YEARS S/O. K.V MUHAMMED HAJI, KNAKUZHIVAYALIPATH HOUSE, KANNUR, MANAGING PARTNER, CORE STONES, R.S NO. 16, PARIPPAYIL, CHENGALAYI P.O, SREEKANDAPURAM, KANNUR DISTRICT 670 631 BY ADVS. SRI.GEORGE MATHEW SRI.M.D.SASIKUMARAN SHRI.PRAVEEN S. SHRI.SUNIL KUMAR A.G SRI.DIPU JAMES SHRI.MATHEW K.T. SHRI.GEORGE K.V. RESPONDENTS: 1 STATE OF KERALA REPRESNTED BY ITS SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001 2 THE DISTRICT POLICE CHIEF, OFFICE OF THE DISTRICT POLICE CHIEF, KANNUR 670 002 3 THE DEPUTY SUPERINTENDENT OF POLICE, TALIPARAMPA, KANNUR, KANNUR DISTRICT 670 141 4 THE STATION HOUSE OFFICER, SREEKANDAPURAM POLICE STATION, KANNUR DISTRICT 670 631 5 THE SUB INSPECTOR OF POLICE, SREEKANDAPURAM POLICE STATION, KANNUR DISTRICT 670 631 6 THE ASSISTANT LABOUR OFFICER, OFFICE OF THE ASSISTANT LABOUR OFFICER, TALIPARAMPU, KANNUR DISTRICT 670 141 7 THE KERALA HEADLOAD WORKERS' WELFARE FUND BOARD,
WP(C).No.2694 OF 2020(J) 2 REP BY ITS CHAIRMAN, 2ND FLOOR, FOODGRAINS BHAVAN BUILDING, NEAR JS PAUL, RAJEEV GANDHI ROAD, KANNUR 670 002 8 INDIAN NATIONAL TRADE UNION CONGRESS (INTUC) CHENGLAI UNIT, INTUC OFFICE, 1ST FLOOR CONGRESS HOUSE, NEAR TRAFFIC SIGNAL, PAYYAVOOR ROAD, SREEKANDAPURAM, KANNUR DISTRICT 670 631 REPRESENTED BY ITS PRSIDENT KURIAKOSE MASTER. R7 BY SRI.THOMAS ABRAHAM, SC, KHWWB R8 BY ADV. SRI.P.M.PAREETH ADV. SRI. P P THAJUDHEEN SR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.2694 OF 2020(J) 3 JUDGMENT Dated this the 20th day of February 2020 The petitioner is engaging in the business of building materials. The establishment is situated in the scheme covered area under the Kerala Headload Workers Act. However, there is no pool under the scheme. The petitioner's application for registration of headload workers has been rejected, pending writ petition.
In view of the fact that there is no pool, the petitioner is free to engage his own employees for loading and unloading. However, if a pool is established, the petitioner cannot engage his own employees for loading and unloading. The petitioner shall be given necessary protection in the light of above for loading and unloading by using his own employees, till pool is constituted. The writ petition is disposed of as above. A.MUHAMED MUSTAQUE SAS/20/02/2020 JUDGE
WP(C).No.2694 OF 2020(J) 4 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1OF GST REGISTRATION CERTIFICATE NO. 32AAOFC9153GIZD DTD 07-11-2019 EXHIBIT P2OF HEARING NOTICE DTD 20-11-2019 ISSUED BY 6TH RESPONDENT TO THE PETITIONER. EXHIBIT P3OF REGISTRATION CERETIFICATE NO. SH131240030163 DTD 17-12-2019 ISSUED BY 6TH RESPONDENT EXHIBIT P4OF PETITION DTD 21-01-2020 SUBMITTED WITH 4TH RESPONDENT EXHIBIT P5OF RECEIPT DTD 21-01-2020 ISSUED FROM 4TH RESPONDENTS OFFICE EXHIBIT P6OF RECEIPT NO. KL13012300356/2020 DTD 23-01-2020 ISSUED BY VILLAGE OFFICER, CHENGALAYI RESPONDENTS' 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.