Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 12TH DAY OF JUNE 2018 / 22ND JYAISHTA, 1940
WP(C).No. 17148 of 2018
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PETITIONER:
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M/S. MALABAR MARBLES
A PARTNERSHIP FIRM,
HAVING OFFICE AND PLACE OF BUSINESS AT KP II/I,
VATTAMBALAM, KUMARAMPATHUR P.O, MANNARKKAD,
PALAKKAD DISTRICT. PIN 678 583
REPRESENTED BY ITS MANAGING PARTNER
MR. E.S. MOHAMMED ASHRAF, AGED 54 YEARS,
S/O. SULAIMAN, EDAVANAKKAD HOUSE, NAYADIKUNNU,
PERIMBADARI P.O, MANNARKKAD, PALAKKAD DISTRICT.
BY ADVS.SRI.DEVAPRASANTH.P.J.
SMT.SMINI JOSE
RESPONDENTS:
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1. GOPALAKRISHNAN
AGED ABOUT 43 YEARS, S/O.PALAN, MADATHIL HOUSE,
VATTAMBALAM, MANNARKKAD, PALAKKAD DISTRICT 678 583.
2. SUB INSPECTOR OF POLICE,
MANNARKKAD POLICE STATION,
PALAKKAD DISTRICT PIN 678 582.
3. CIRCLE INSPECTOR OF POLICE,
MANNARKKAD POLICE STATION, PALAKKAD DISTRICT PIN 678 582.
4. STATE OF KERALA,
REPRESENTED BY SECRETARY TO HOME MINISTRY
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN 695 001.
5. ASSISTANT LABOUR OFFICER,
MANNARKKAD CIRCLE, PALAKKAD DISTRICT 678 582.
WPC NO. 17148/2018
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Addl.6. THE KERALA HEAD LOAD WORKERS WELFARE BOARD
MALAPPURAM DISTRICT,MANJERI, MALAPPURAM,
REPRESENTED BY ITS CHAIRMAN, PIN-676121.
(ADDL.6TH RESPONDENT IS IMPLEADED AS PER ORDER DATED 31.05.2018 IN I.A. NO
9165/2018)
R1 BY ADV. SRI.B.S.SWATHY KUMAR
R1 BY ADV. SMT.ANITHA RAVINDRAN
R1 BY ADV. SRI.HARISANKAR N UNNI
R1 BY ADV. SRI.O.A.ANJU
R1 BY ADV. SMT.P.S.BHAGYA SURABHI
R2-R5 BY SR.GOVERNMENT PLEADER SRI P P THAJUDDIN
R7 BY ADV. SRI.THOMAS ABRAHAM, SC, KHWWB
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-06-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 17148 of 2018 (P)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1: THE COPY OF THE LICENCE NO.10/2018-19 DATED
18/04/2018 ISSUED TO THE PETITIONER ESTABLISHMENT
BY SECRETARY OF KUMARAM PUTHUR GRAMA
PANCHAYAT.
EXHIBIT P2: THE COPY OF THE REGISTRATION CERTIFICATE UNDER
GST TO THE PETITIONER ESTABLISHMENT.
EXHIBIT P3: THE COPY OF THE PARTNERSHIP DEED DATED 01/04/2017
OF THE PETITIONER ESTABLISHMENT.
EXHIBIT P4: THE COPY OF THE IDENTITY CARD OF
MR.BHOOREKHAN ISSUED BY 5TH RESPONDENT
EXHIBIT P5: THE COPY OF THE IDENTITY CARD OF MR.HABIBUR
ISSUED BY 5TH RESPONDENT.
EXHIBIT P6: THE COPY OF THE IDENTITY CARD OF MR.WALI ISSUED
BY 5TH RESPONDENT
EXHIBIT P7: THE COPY OF THE IDENTITY CARD OF MR.SAROJ ISSUED
BY 5TH RESPONDENT
EXHIBIT P8: THE COPY OF THE IDENTITY CARD OF MR.SHANWAS
ISSUED BY 5TH RESPONDENT
EXHIBIT P9: THE COPY OF THE IDENTITY CARD OF MR.PARWEZ
ISSUED BY 5TH RESPONDENT
EXHIBIT P10: THE COPY OF THE IDENTITY CARD OF MR.HABIB ISSUED
BY 5TH RESPONDENT
EXHIBIT P11: THE COPY OF THE IDENTITY CARD OF MR.HASEEB
ISSUED BY 5TH RESPONDENT
EXHIBIT P12: THE COPY OF THE IDENTITY CARD OF MR.MANOJ
ISSUED BY 5TH RESPONDENT
EXHIBIT P13: COPY OF THE ORDER OF THE FIFTH RESPONDENT
DATED 19/05/2018.
EXHIBIT P14: COPY OF THE COMPLAINT DATED 22/05/2018 FILED BY
THE PETITIONER BEFORE THE SECOND AND THIRD
RESPONDENT.
EXHIBIT P15: COPY OF THE RECEIPT DATED 22/05/2018 ISSUED FROM
THE OFFICE OF THE SECOND RESPONDENT.
EXHIBIT P16: COPY OF THE APPLICATION FOR POLICE PROTECTION
FILED BY THE PETITIONER BEFORE THE SECOND AND
THIRD RESPONDENTS.
EXHIBIT P17: COPY OF THE RECEIPT DATED 22/05/2018 ISSUED FROM
THE OFFICE OF THE SECOND RESPONDENT.
WPC NO. 17148/2018
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RESPONDENTS EXHIBITS:
EXT.R1(a): TRUE COPY OF THE IDENTITY CARD ISSUED TO THE 1ST RESPONDENT BY THE
5TH RESPONDENT
EXT.R1(b):
TRUE COPY OF THE IDENTITY CARD ISSUED BY THE 5TH RESPONDENT TO
KRISHNANKUTTY
EXT.R1(c):
TRUE COPY OF THE IDENTITY CARD ISSUED BY THE 5TH RESPONDENT TO
RAJAN DT 28.07.2011
EXT.R1(d):
TRUE COPY OF THE IDENTITY CARD ISSUED BY THE 5TH RESPONDENT TO
KUMARAN DT 28.07.2011
EXT.R1(e): TRUE COPY OF THE IDENTITY CARD ISSUED BY THE 5TH RESPONDENT TO
ANEESH A DT 28.07.2011
EXT.R1(f):
TRUE COPY OF THE IDENTITY CARD ISSUED BY THE 5TH RESPONDENT TO
MOHANAN DT 28.07.2011
EXT.R1(g): TRUE COPY OF THE IDENTITY CARD ISSUED BY THE 5TH RESPONDENT TO
MADHAVAN DATED 28.07.2011
EXT.R1(h):
TRUE COPY OF THE IDENTITY CARD ISSUED BY THE 5TH RESPONDENT TO
KUTTAN DT 28.07.2011
EXT.R1(i):
TRUE COPY OF THE IDENTITY CARD ISSUED BY THE 5TH RESPONDENT TO
RAMAKRISHNAN DT 28.07.2011
EXT.R1(j):
TRUE COPY OF THE IDENTITY CARD ISSUED BY THE 5TH RESPONDENT TO
RAJESH DT 289.07.2011
EXT.R1(k):
TRUE COPY OF THE APPEAL FILED BY THE 1ST RESPONDENT BEFORE THE
DISTRICT LABOUR OFFICER, PALAKKAD DT 01.06.2018
TRUE COPY
P.A TO JUDGE
jma
K. VINOD CHANDRAN & ASHOK MENON, JJ
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W.P(C) No. 17148 of 2018
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Dated this the 12th day of June, 2018
J U D G M E N T Vinod Chandran, J The petitioner is aggrieved with the obstruction caused to the loading and unloading work which the petitioner asserts he carries on with his own attached workers registered under Rule 26 A of the Kerala Headload Workers Rules, 1981 whose identity cards are produced as Exts.P4 to P12. 2. We heard the learned Counsel for the respondent Board and the learned Counsel appearing for the party respondent who are registered under the Act and Rules. It is submitted that though the learned Counsel appearing for the party respondents submits that the area is a scheme covered area, no pool has been constituted.
3.The learned Counsel appearing for the respondent Union submits pointing to Ext.P13 that the issue arose on a denial of employment which the Union raised before the Assistant Labour Officer by a complaint dated 07.04.2018 referred as item No.1 in Ext.P13. A conciliation was called but the denial of employment continued. On one pretext or another the petitioner adjourned the conciliation and later made application for appointment of attached workers. It is also submitted that there were no registers maintained and the undertaking in Ext.P13, is that in future the registers will be maintained.
4.We are not looking at the validity of Exts.P4 to P12 identity cards. The competent authority having granted identity cards to the attached workers of the petitioner, the petitioner is entitled to carry on the loading and unloading work with the attached workers. There can be no claim raised by the Union for the loading and unloading work in the petitioner's premises. It is also submitted by the learned Counsel appearing for the Union that Ext.P13 has been challenged in appeal. Definitely the police protection we grant, against the obstruction of loading and unloading work in the petitioner's premises, would be subject to the result of the appeal. In the totality of the circumstances, there shall be a direction to the police to afford necessary police protection if any complaint of obstruction is received from the petitioner as long as Exts.P4 to P12 remains valid. Writ petition is allowed. No costs. K. Vinod Chandran, Judge Ashok Menon, Judge jma
