Kerala Headload Workers Welfare Board vs. Abdul Vahid
Original PDF →Dated this the 26th day of September 2019
Shaffique, J.
This review petition has been filed inter alia contending that the judgment had been obtained by the petitioners misleading the court. By the impugned judgment, petitioners who claimed to be partners of a firm M/s.Venad Marbles were permitted to undertake the loading and unloading work by the partners of the firm themselves. It is now brought to our notice that the firm got registration only subsequent to the judgment and that apart, some photographs had been produced to indicate that loading and unloading works are being done through migrant labourers and not by the partners alone. In the judgment itself, this Court have made it clear that police protection can be granted only if the loading and unloading work are done by the partners themselves. In paragraph 8, it is clearly stated as under:- “8. We clarify that these directions will inure to the
R.P.No.229/2019 in WP(C) No.28218/2018 -:5:- benefit of the petitioners only as long as they undertake the work on their own without engaging anyone else, including migrant labourers or any other workers.”
If the loading and unloading work is done by any other person than the partners, petitioners are not entitled for the protection which has already been made clear. This fact shall be taken note of by the police, if there is any further complaint. With the above observation, review petition is closed. A.M.SHAFFIQUE JUDGE DEVAN RAMACHANDRAN RpPS to Judge JUDGE
R.P.No.229/2019 in WP(C) No.28218/2018 -:6:- APPENDIX PETITIONER'S EXHIBITS: ANNEXURE 1 THE COPY OF JUDGMENT IN WPC.28218/2018 DATED 19.8.2018 ANNEXURE 2 THE PHOTOGRAPHS TAKEN FROM THE VIDEO REGARDING
ENGAGEMENT
OF MIGRANT LABOURERS IN THE FIRM OF THE RESPONDENT 1 TO 6/WRIT PETITIONERS ANNEXURE 3 THE COPY OF APPLICATION SUBMITTED UNDER RIGHT TO INFORMATION ACT BEFORE THE KARUNAGAPPALLY
MUNICIPALITY
DATED 20.10.2018 AND ITS REPLY 1.11.2018 ANNEXURE 4 THE COPY OF APPLICATION SUBMITTED UNDER RIGHT TO INFORMATION ACT DATED 29.11.2018 AND ITS REPLY DT 4.12.2018 ANNEXURE 5 THE COPY OF DETAILS REGARDING GST REGISTRATION OF THE 1ST RESPONDENT/1ST WRIT PETITIONER'S FIRM TAKEN FROM THE WEBSITE OF GST SERVICES RESPONDENT'S EXHIBITS ANNEXURE R1 COPY OF GST REGISTRATION BEARING NO.32AARFV8931E1ZV ISSUED UNDER RULE 10(1)PS to Judge
Rp
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.