Saras Spices vs. Deputy Superintendent Of Police
Held
The Court held that the question of whether an establishment falls under the Schedule to the Act is a question of fact. It directed the contesting respondents to approach the competent authority under Section 21 of the Act for dispute resolution.
Facts
Petitioners, manufacturing units in an Industrial Estate, sought police protection to engage workers of their choice for loading and unloading. They argued their establishments were not covered by the Kerala Headload Workers Act, 1983. Registered workers under the Act obstructed their operations.
Key Issues
Whether the petitioners' manufacturing units are covered by the Kerala Headload Workers Act, 1983, and if so, can they engage their own workers for loading/unloading activities.
Sections Cited
Section 21
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR FRIDAY, THE 06TH DAY OF DECEMBER 2019 / 15TH AGRAHAYANA, 1941 WP(C).No.21976 OF 2019(V) PETITIONERS: 1 METRO PACKAGING REPRESENTED BY ITS MANAGER, JOBY O.S., KINFRA PARK, NELLADU P.O., ERNAKULAM DISTRICT. 2 TICON PACKAGING, REPRESENTED BY ITS MANAGER, KINFRA PARK, NELLADU P.O., ERNAKULAM DISTRICT. 3 PROMISE PACKAGING, REPRESENTED BY ITS PROPRIETOR, KINFRA PARK, NELLADU P.O., ERNAKULAM DISTRICT. BY ADVS. SRI.SHAJI THOMAS SRI.BINU PAUL SRI.JEN JAISON RESPONDENTS: 1 DEPUTY SUPERINTENDENT OF POLICE PERUMBAVOOR, ERNAKULAM DISTRICT-683542. 2 CIRCLE INSPECTOR OF POLICE, KUNNATHUNADU POLICE STATION, KUNNATHUNADU P.O., ERNAKULAM DISTRICT-683542. 3 ERNAKULAM DISTRICT HEADLOAD AND GENERAL WORKERS UNION (CITU), NELLADU UNIT, NELLADU P.O., ERNAKULAM DISTRICT-686669, REPRESENTED BY ITS SECRETARY.
W.P.(C) No. 21976 of 2019 & con. cases ..2.. 4 BHARATHIYA MAZDOOR SANGH (BMS), KUNNATHUNADU MEGHALA, NELLADU P.O., ERNAKULAM DISTRICT-686669, REPRESENTED BY ITS SECRETARY. 5 KERALA STATE HEADLOAD WORKERS WELFARE FUND BOARD, PERUMBAVOOR, ERNAKULAM DISTRICT-683542, REPRESENTED BY ITS SECRETARY. R3 BY A
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