M/S.Vijaya Agencies vs. State Of Kerala
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON MONDAY, THE 29TH DAY OF JULY 2019 / 7TH SRAVANA, 1941 WP(C).No.18206 of 2019 PETITIONER: M/S.VIJAYA AGENCIES, VARADOOR P.O., WAYANAD, REPRESENTED BY ITS MANAGING PARTNER, C.RAVEENDRAN, AGED 62YEARS, S/O.KUNJIRAMAN ADIYODI, CHELINGATTU HOUSE, MADAKKIMALA P.O., VIA KALPETTA, WAYANAD DISTRICT, PIN - 673 121. BY ADVS. SRI.K.SHIBILI NAHA SMT.A.LOWSY RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -695 001. 2 DISTRICT POLICE CHIEF, WAYANAD DISTRICT - 677 001. 3 CIRCLE INSPECTOR OF POLICE, MEENANGADI, WAYANAD DISTRICT - 673 001. 4 SUB INSPECTOR OF POLICE, MEENANGADI, WAYANAD DISTRICT - 673 001. 5 ASSISTANT LABOUR OFFICER, KALPETTA, WAYANAD DISTRICT - 673 001. 6 KERALA HEAD LOAD WORKERS WELFARE BOARD, WAYANAD DISTRICT COMMITTEE, REPRESENTED BY ITS CHAIRMAN - 673 001. 7 INTUC, KANIYAMPATTA UNIT, REPRESENTED BY ITS SECRETARY, SRI.K.T.NISAM, S/O.K.T.KUNJAMMAD, KUNJIPARAMBATH TOTOLIL HOUSE, PANAMARAM P.O., WAYANAD - 673 001. WP(C).No.18206 of 2019 2 8 STU, KANIYAMPATTA UNIT, REPRESENTED BY ITS SECRETARY, SRI.SALEEM PERINGOLAN, S/O.KUNJIMOOSA PERINGOLAN, MILLUMUKKU, KANIYAMPATTA P.O. - 673 122, WAYANAD DISTRICT. 9 RAJESH VAIDHYAR, S/O.DASAN, KAYIPPARAMBIL HOUSE, KANIYAMPATTA P.O., - 673 122, WAYANAD DISTRICT. 10 KANIYAMPETTA MOHANAN, INTUC PRESIDENT, NEELIYEDATH HOUSE, KANIYAMBETTA P.O., PIN - 673 122, WAYANAD DISTRICT. R1 - 5 BY SR.GP SRI.P.P.THAJUDEEN R6 BY ADVS. SRI.THOMAS ABRAHAM, SC, KHWWB R8 SRI. BINU GEORGE SMT.HEMALATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.18206 of 2019 3 JUDGMENT K. Vinod Chandran, J. The petitioner's concern is with respect to the loading and unloading operations being carried on within his business premises. The petitioner has his own workers who have also been issued with Rule 26A cards, as is seen from Ext. P5. The party respondents are obstructing the said works claiming loading and unloading for themselves.
The learned counsel appearing for the party respondents submits that it is a Scheme covered area and there an appeal is instituted from the issuance of Rule 26A cards. The learned standing counsel for the 6th respondent Board also affirms the same and argues that the identity cards were issued fraudulently. When the petitioner has his own workers issued with Rule 26A cards there could be no obstruction caused by the pool workers.
Unless and until the appeal said to have been filed by the Board is allowed, there could be no
WP(C).No.18206 of 2019 4 obstruction from the pool workers claiming loading and unloading works. As long as the petitioner's workers, who have been issued with Ext.P5 identity cards, are carrying on the loading and unloading operations in the petitioner's establishment there could be no obstruction and if any such obstruction is caused it shall be taken care of by the Police. With the above directions, which are subject to the orders to be passed in the appeal filed against issuance of 26A cards, the writ petition is disposed of. No cost. K.VINOD CHANDRAN JUDGE ASHOK MENON kmd JUDGE
WP(C).No.18206 of 2019 5 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1OF THE LICENSE ISSUED BY THE KANIYAMBETTA GRAMA PANCHAYATH ON 16/3/2018. EXHIBIT P2OF THE LICENCE ISSUED BY THE PANCHAYATH ON 3/6/2019. EXHIBIT P3OF THE GST REGISTRATION CERTIFICATE. EXHIBIT P4OF THE CONSENT TO OPERATE FROM THE KERALA STATE POLLUTION CONTROL BOARD. EXHIBIT P5 TRUE COPIES OF THE IDENTITY CARDS PERTAINING TO THE EMPLOYEES ISSUED BY THE 5TH RESPONDENT IN TERMS OF RULE 26 A OF THE HEAD LOAD WORKERS ACT 1978 AND THE FULES THERE UNDER. EXHIBIT P6OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXHIBIT P7OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT ON 27/6/2019. EXHIBIT P8OF THE REGISTERED POSTAL RECEIPT EVIDENCING DESPATCH OF SIMILAR PETITION TO THE 2ND RESPONDENT DTED 31/7/2018. EXHIBIT P9OF THE COMPLAINT SUBMITTED BEFORE THE 3RD RESPONDENT DATED 28/6/2019. RESPONDENT'S EXHIBITS : EXHIBIT R8(A): AOF REPLY OF ASSISTANT LABOUR OFFICER, KALPETTA.
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.