V.P. Muhammed vs State Of Kerala
2021 Latest Caselaw 16419 Ker

WP(C) NO. 12772 OF 2020
                             1

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
                  WP(C) NO. 12772 OF 2020
PETITIONER/S:

         V.P. MUHAMMED,
         PROPRIETOR, BE FATHIMA METAL CORPORATION ,
         VELANCHIRANGARA P.O., ERNAKULAM DISTRICT,
         PIN-683 556, RESIDING AT VADAKKEDATH HOUSE,
         ERATTUPETTA P.O., KOTTAYAM,PIN-686 121

         BY ADVS.
         A.A.ZIYAD RAHMAN
         SRI.LAL K.JOSEPH
         SRI.P.MURALEEDHARAN (THURAVOOR)
         SRI.SURESH SUKUMAR
         SRI.V.S.SHIRAZ BAVA
         SRI.ANZIL SALIM
         SHRI.SETHU KRISHNA R.S.
         SHRI.CHACKO MATHEWS K.



RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO HOME DEPARTMENT,
          SECRETARIAT, THIRUVANANTHAPURAM,PIN-695 001

    2     THE CIRCLE INSPECTOR OF POLICE,
          KUNNATHUNADU POLICE STATION, ERNAKULAM
          DISTRICT,PIN-683 562

    3     THE SUB INSPECTOR OF POLICE,
          KUNNATHUNADU POLICE STATION, ERNAKULAM
          DISTRICT,PIN-683 562

    4     THE CONVENOR,
          SUB COMMITTEE OFFICE, THE KERALA HEAD LOAD
          WORKERS WELFARE BOARD, PUTHENCURZ, ERNAKULAM
 WP(C) NO. 12772 OF 2020
                                    2

               DISTRICT, PIN-682 308, REPRESENTED BY ITS
               CONVENOR

    5          THE ASSISTANT LABOUR OFFICER,
               PERUMBAVOOR, ERNAKULAM, PIN-683 542

    6          THE HEAD LOAD AND GENERAL WORKERS,
               UNION (CITU), CHEENIKUZHI, RUBBER PARK,
               IYRAPURAM, ERNAKULAM DISTRICT,PIN-683 541

               BY ADVS.
               SRI.S.KRISHNA MOORTHY, SC, KHWWB
               SRI.K.S.ARUN KUMAR
               SRI.JUSTINE JACOB

               SMT.REKHA C.NAIR, SR.GP




        THIS     WRIT   PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION       ON   05.08.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 12772 OF 2020
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                  P.V.KUNHIKRISHNAN, J
             -------------------------------
                 W.P.(C)No.12772 of 2020
            --------------------------------
          Dated this the 5th day of August 2021

                                      JUDGMENT

This Writ Petition is filed with the

following prayers:

i. Issue a writ of mandamus or any other appropriate writ or order directing 2nd and 3rd respondents to render adequate police protection to the petitioner and his employees, from the interference/obstruction caused by the workers/agents of the 6 th respondent, in the activities of the industrial unit run by the petitioner under the name 'Be Fathima Metal Corporation'

ii.Issue a writ of mandamus or any other appropriate writ or order directing the 2nd and 3rd respondents to act upon Ext.P4 complaint and to take appropriate steps as requested therein.

iii.Pass such other orders, which this Hon'ble Court may deem fit in the facts and circumstances of the case.

2. The petitioner is the proprietor of an WP(C) NO. 12772 OF 2020

industrial unit, which is engaged in the activity

of aluminium scrap-hydraulic pressing. The

grievance of the petitioner is that there is

obstruction from the members of respondent No.6

in the loading and unloading work in the

petitioner's premises. According to the

petitioner, he has got six head-load workers and

three of them obtained registration under rule

26A. The learned counsel for the petitioner

submitted that the petitioner will engage only

the registered 3 head-load workers and if there

is any additional work, they will approach the

pool for getting additional workers.

3. The learned counsel for the 6 th respondent

submitted that without assistance of pool

workers, the petitioner cannot do the business.

According to the learned counsel, there will be

sufficient work to the pool workers in the

petitioner's premises.

WP(C) NO. 12772 OF 2020

4. The learned Standing Counsel submitted

that in the light of the fact that there are

three registered head-load workers, the

petitioner can engage those workers. But if there

is additional work, petitioner has to approach

the pool for getting additional head-load

workers.

5. When this Writ Petition came up for

consideration on 26.06.2020, this Court passed

the following order:

"Taking note of the averments in the writ petition that the petitioner has permanent workers employed by him, and that applications have already been preferred by the petitioner on behalf of the said workers for registration under the Kerala Headload Workers Scheme, there will be an interim order for police protection as prayed for till then. The learned Government Pleader shall communicate the gist of this order to respondents 1 to 3 for prompt action".

6. Retaining the order dated 26.06.2020, this

Writ Petition can be disposed of with the WP(C) NO. 12772 OF 2020

following directions:

1. The petitioner can do the loading and

unloading work using his three registered

head-load workers.

2. If there is any additional head-load work,

the petitioner has to approach the 4th

respondent and the petitioner has to engage

the pool workers.

3. If there is any law and order problem, the

petitioner is free to approach the Station

Houses Officer concerned with a

representation.

4. If such a representation is received, the

Station House Officer will do the needful to

protect the law and order issue in the light

of the interim order passed by this Court on

26.06.2020 and the observations made in this

Writ Petition.

WP(C) NO. 12772 OF 2020

5. The petitioner is free to approach the

appropriate statutory authority to get

registration for his additional workers, if

any.

SD/-

P.V.KUNHIKRISHNAN JUDGE rkc WP(C) NO. 12772 OF 2020

APPENDIX OF WP(C) 12772/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE LICENSE DATED 1.04.2020 ISSUED BY THE MAZHUVANNOOR GRAMA PANCHAYATH

EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED 17.02.2020 SUBMITTED BY MR.ATAUR RAHMAN

EXHIBIT P2A TRUE COPY OF THE APPLICATION DATED 17.02.2020 SUBMITTED BY THE MR.INDADUL HAQUE MONDAL

EXHIBIT P2B TRUE COPY OF THE APPLICATION DATED 17.02.2020 SUBMITTED BY THE RASHEED P.BAVA

EXHIBIT P2C TRUE COPY OF THE APPLICATION DATED 17.02.2020 SUBMITTED BY THE SMT.SAINABA HAMSA

EXHIBIT P2D TRUE COPY OF THE APPLICATION DATED 17.02.2020 SUBMITTED BY THE SMT.THANKAMMA

EXHIBIT P2E TRUE COPY OF THE APPLICATION DATED 17.02.2020 SUBMITTED BY THE SMT.OMANA RAJU

EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 5.03.2020

EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 16.06.2020 SUBMITTED BEFORE THE 2ND RESPONDENT

EXHIBIT P5 TRUE COPY OF THE RECEIPT DATED 16.06.2020 ISSUED BY THE 1ST RESPONDENT ACKNOWLEDGING THE EXT P4 COMPLAINT

RESPONDENT EXHIBITS WP(C) NO. 12772 OF 2020

EXHIBIT R4(A) A TRUE COPY OF THE ORDER DATED 20.1.2020 ISSUED BY THE SECRETARY, KERALA HEADLOAD WORKERS WELFARE BOARD, SUB: OFFICE, PUTHENCRUIZU.

EXHIBIT R4(B) TRUE COPY OF WORK CARDS ISSUED BY THE KERALA HEADLOAD WORKERS WELFARE BOARD, ERNAKULAM DISTRICT COMMITTEE.