Vrl Logistics LTD vs. The Circle Inspector Of Police

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR.JUSTICE V.G.ARUN THUR AY, THE 25TH DAY OF JULY 2019 / 3RD SRAVANA, 1941 WP(C).No.723 of 2019 PETITIONER: VRL LOGISTICS LTD, HAVING CORPORATE OFFICE AT GIRIRAJ ANNEXE,CIRCUIT HOUSE ROAD, HUBBALLI,KARNATAKA-580 029,HAVING BUSINESS YARD AT BUILDING BEARING NO 15/286 B,15/286 B, 15/286 C, SITUATED AT NORTH VELUTHULLY ROAD, CHANDIROOR, ALAPPEY DISTRICT,REPRESENTED BY THE ASSISTANT GENERAL MANAGER MR.SHANKAR B KELAGERI. BY ADVS. SRI.V.SANTHARAM SHRI.PRAMOD M.P. SRI.LAKSHMEESH.S.KAMATH SRI.M.T.PREMANANDAN RESPONDENTS: 1 THE CIRCLE INSPECTOR OF POLICE PULIKUUNU,CHANDIROOR,ALAPPUZHA DISTRICT 688 535. 2 THE SUB INSPECTOR OF POLICE, AROOR POLICE STATION,ALAPPUZHA DISTRICT 688 534. 3 THE ASSISTANT LABOUR OFFICER, CHERTHALA NORTH,CHERTHALA,ALAPPUZHA DISTRICT-688 535 4 THE KERALA HEADLOAD WORKERS WELFARE BOARD, ALAPPUZHA DISTRICT COMMITTEE,MUNCIPAL SHOPPING COMPLEX,THATTAMPILLY P.O.ALAPPUZHA 688 103. 5 BHARATHIYA MA OOR SNAGH (BMS), LOCAL OFFICE, OPP VELUTHULLY ROAD,N.H.47,CHANDIROOR,ALAPPUZHA DISTRICT 688 537 6 HEADLOAD WORKERS UNION (CITU),

WP(C).No.723 of 2019 2 OFFICE OPPOSITE TO ARROR TEMPLE JUNCTION, AROOR,ALAPPUZHA DISTRICT,PIN 688 534,REPRESENTED BY ITS SECRETARY. 7 HEADLOAD WORKERS UNION (INTUC), KARIAKATE,CHANDIROOR AROOR,ALAPPUZHA DISTRICT-688 534,REPRESENTED BY ITS SECRETARY. BY ADV. SRI.S.KRISHNA MOORTHY, SC, KHWWB SR.GP SRI.P.P.THAJUDEEN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.723 of 2019 3 JUDGMENT Vinod Chandran, J The petitioner seeks for a protection from the illegal demands made by respondents 5 to 7 for the loading and unloading work in the petitioner's establishment. The learned Standing Counsel for the 4th respondent appears and submit that it is not a scheme covered area. In such circumstance, the respondents 5 to 7 cannot have any claim for loading and unloading work from the petitioner. We see that notice has not been served on respondents 6 and 7 but none appear. Even then we are of the opinion that no Union or their members can have claim for loading and unloading work from the petitioner's establishment especially since the area is not a scheme covered area. Hence, if any obstruction is caused to the work of the petitioner, the police shall afford necessary protection; which order will not be available if later a scheme is implemented and a pool constituted. It is also submitted that there are applications pending before the Assistant Labour Officer for issuance of Rule 26A cards. The same shall be considered expeditiously with

WP(C).No.723 of 2019 4 notice to the Board. However such cards under Rule 26A can be issued only to regular workers of an employer, who is also in the regular pay of the employer. If such Rule 26A cards have been issued the petitioner can carry on the loading and unloading work with those persons who have been issued with identity cards under Rule 26A and there can be no obstruction caused by even members of a duly constituted pool when the scheme is implemented. The Writ Petition is disposed of as above. No order as to costs. K.VINOD CHANDRAN, JUDGE

V.G.ARUN,

JUDGE cms xxx

WP(C).No.723 of 2019 5 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1OF THE FRESH CERTIFICATE OF INCORPORATION DATED 25.8.2006 CONSEQUENT UPON CHANGE OF NAME. EXHIBIT P2OF THE GST REGISTRATION DATED 21.9.2017 EXHIBIT P3OF THE LEASE DEED DATED 13.10.2018 EXECUTED BETWEEN MR.VINOD KUMAR C.V.AND PETITIONER EXHIBIT P4OF THE REGISTRATION CERTIFICATE ISSUED BY THE 34D RESPONDENT EXHIBIT P5OF THE LICENSE ISSUED BY THE AROOR GRAMA PANCHAYAT DATED 1.4.2018 EXHIBIT P6 TRUE COPIES OF THE FORM NO IX APPLICATIONS DATED 3.12.2018 SUBMITTED BY 5 ATTACHED WORKERS OF THE PETITIONER BEFORE THE 3RD RESPONDENT EXHIBIT P7OF THE REPRESENTATION DATED 18.12.2018 SUBMITTED BEFORE THE 2ND RESPONDENT RESPONDENTS EXTS NIL cms // P.S.TO JUDGE