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
THURSDAY, THE 7TH DAY OF JUNE 2018 / 17TH JYAISHTA, 1940
WP(C)No. 17478 of 2018 H
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PETITIONER:
------------
ABDUL NASEER M. MANGATTAYIL HOUSE,
PALLIKKAL, PROPRIETOR,
SMARTINE EXPRESS CARGO SERVICE,
PALLIKKAL P.O., MALAPPURAM.
BY ADV.SRI.I.DINESH MENON
RESPONDENTS:
------------
1. DISTRICT POLICE CHIEF, MALAPPURAM-676505.
2. THE CIRCLE INSPECTOR OF POLICE, TIRURANGADI-676306.
3. THE SUB INSPECTOR OF POLICE, THENJIPALAM-676306.
4. SRI. ASHRAF, SECRETARY C.P.I (M.L)
KAKKANCHERY-676306.[SUBSTITUTED][ADDRESS OF R4
SUBSTITUTED AS 'SRI.ANSAS@ASHARAF, S/O.KOYA,
KODAKATTAKATH HOUSE, KAKKANCHERRY, SECRETARY,
COMMUNIST PARTY OF INDIA [MARXIST, LENINIST], KAKKANCHERY
- 676306.' AS PER ORDER DATED 31.05.2018 IN IA 9346/18.]
Addl.5. THE CHAIRMAN HEADLOAD WORKERS WELFARE BOARD,
MALAPPURAM, VALLANCHIRA ARCADE, MANJERI - 676121.
(ADDL.R5 IS IMPLEADED AS PER ORDER DT 31.05.2018 IN I.A. NO.9345/2018)
R1-3 BY SR. GOVERNMENT PLEADER P P THAJUDDIN
R4 BY ADV. SRI.K.A.HAZAN
R4 BY ADV. SRI.V.J.JAMES
R4 BY ADV. SMT.M.M.FATHIMA JALEENA
R5 BY ADV. SRI.THOMAS ABRAHAM, SC, KHWWB
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-06-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 17478 of 2018 (H)
::2::
APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1: TRUE COPY OF THE LICENSE DATED 18.05.2018.
EXHIBIT P2: TRUE COPY OF THE APPLICATION OF ABDUL SALEEM
DATED 18.05.2018
EXHIBIT P3: TRUE COPY OF THE APPLICATION OF JOBISH V DATED
18.05.2018.
EXHIBIT P4: TRUE COPY OF THE APPLICATION OF RASHEED
C.T.DATED 18.05.2018
EXHIBIT P5: TRUE COPY OF THE APPLICATION OF KUNHMUHAMMED
C DATED 18.05.2018
EXHIBIT P6: TRUE CPY OF THE APPLICATION OF MUHAMMED
P.DATED 18.05.2018.
EXHIBIT P7: TRUE COPY OF THE APPLICAITON OF ABDUL HAKKIM
DATED 18.05.2018.
EXHIBIT P8: TRUE COPY OF THE APPLICATION OF MUHAMMED
RAFEEKH DATED 18.05.2018.
EXHIBIT P9; TRUE COPY OF THE GST REGISTRATION CERTIFICATE
DATED 18.4.2018.
EXHIBIT P10: TRUE COPY OF THE REQUEST MADE BY THE
PETITIONER DATED 25.5.2018 ALONG WITH COURIER
RECEIPTS.
RESPONDENTS EXHIBITS:
--------------------
EXT.R4(a): TRUE COPY OF THE IDENTITY CARD ISSUED TO ANSAS K BY THE ASST. LABOUR
OFFICER, KONDOTY
EXT.R4(b): TRUE COPY OF THE IDENTITY CARD ISSUED TO MUHAMMED E.V BY THE ASST.
LABOUR OFFICER, KONDOTY
EXT.R4(c): TRUE COPY OF THE IDENTITY CARD ISSUED TO ABDUL LATHEEF K BY THE
ASST.LABOUR OFFICER, KONDOTY.
EXT.R4(d): TRUE COPY OF THE IDENTITY CARD ISSUED TO RAJAN C BY THE ASST.LABOUR
OFFICER, KONDOTY
EXT.R4(e): TRUE COPY OF THE IDENTITY CARD ISSUED TO FIRDOUSE, K BY THE
ASST.LABOUR OFFICER, KONDOTY
EXT.R4(f): TRUE COPY OF THE IDENTITY CARD ISSUED TO MUHAMMED KASIM BY THE
ASST.LABOUR OFFICER, KONDOTY
WP(C).No. 17478 of 2018 (H)
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EXT.R4(g): TRUE COPY OF THE IDENTITY CARD ISSUED TO JAFER K BY THE ASST.LABOUR
OFFICER KONDOTY
EXT.R4(h): TRUE COPY OF THE IDENTITY CARD ISSUED TO SIRAJUDIN N V BY THE ASST.
LABOUR OFFICER, KONDOTY.
EXT.R4(i): TRUE COPY OF THE IDENTITY CARD ISSUED TO RASHEED K T BY THE
ASST.LABOUR OFFICER, KONDOTY
EXT.R4(j): TRUE COPY OF THE IDENTITY CARD ISSUED TO SHHARAFDIN K BY THE
ASST.LABOUR OFFICER KONDOTY
EXT.R4(k): TRUE COPY OF THE IDENTITY CARD ISSUED TO RAJAN P BY THE ASST.LABOUR
OFFICER KONDOTY
EXT.R4(l): TRUE COPY OF THE IDENTITY CARD ISSUED TO KUNNUMEL NAZEER BY THE ASST.
LABOUR OFFICER, KONDOTY
EXT.R4(m): TRUE COPY OF THE IDENTITY CARD ISSUED TO SURENDRAN C BY THE ASST.LABOUR
OFFICER, KONDOTY
EXT.R4(n): TRUE COPY OF THE RECEIPT NO. 222 DT 22.05.2018 FOR RS.630/- ISSUED TO
THE ESTABLISHMENT “SMART LINE” FOR LOADING AND UNLOADING WORK BY THE
MEMBERS OF KERALA HEAD LOAD AND GENERAL WORKERS UNION.
TRUE COPY
P.A TO JUDGE
jma
K. VINOD CHANDRAN & ASHOK MENON, JJ.
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W.P(C). No.17478 of 2018 [H]
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Dated this the 7th day of June, 2018
JUDGMENT K. Vinod Chandran, J. The petitioner is carrying on a franchise of chappals and requires stocking of the goods. The petitioner is aggrieved with the claim for headload work raised by the 4th respondent on behalf of the Union of Headload Workers. It is also submitted that the scheme under the Kerala Headload Workers [Regulation of Employment and Welfare] Scheme, 1983 has not been extended to this place. We also heard the addl. 5th respondent Board.
2.The learned Counsel appearing for the party respondent submits that the factory itself was commenced only from 18.05.2018 as evidenced from Ext.P1 D&O Licence. The registration application given at Ext.P2 to P8 shows the commencement of work under the employer from 21.01.2017. We are unhappy with the manner in which the registration application has been W.P(C). No.17478 of 2018 [H] 2 given. However, we have to notice that the area being not scheme covered, the 5th respondent and the other headload workers, who claim to be registered under the headload workers Act, cannot as a matter of right, claim employment for the loading and unloading work in the said area. The petitioner, whether he has attached workers or not, would be entitled to load and unload the goods in his franchise by the workers of his choice. In such circumstance, if any obstruction is caused, the petitioner would be granted protection on a complaint raised before the 3rd respondent. The writ petition is allowed. No costs. K. VINOD CHANDRAN, JUDGE. ASHOK MENON, JUDGE. sp/07/06/18
