Kerala High Court
M/S.Pulikkottil Devices And ... vs The Station House Officer on 8 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942
WP(C).No.24437 OF 2020(D)
PETITIONER:
M/S.PULIKKOTTIL DEVICES AND DISTRIBUTORS PRIVATE
LIMITED., K.T.COMPLEX, JAIL ROAD, CALICUT-673 004,
REPRESENTED BY ITS MANAGING DIRECTOR, P.C.FRANCIS,
AGED 66 YEARS, S/O. CHAKKAPPAN.
BY ADVS.
SRI.K.M.SATHYANATHA MENON
SMT.KAVERY S THAMPI
RESPONDENTS:
1 THE STATION HOUSE OFFICER,
OLLUR POLICE STATION, THRISSUR, PIN-680 360.
2 THE DISTRICT POLICE CHIEF/THE COMMISSIONER OF POLICE,
CITY POLICE OFFICE, RAMAVARMAPURAM, THRISSUR CITY,
THRISSUR, PIN-680 631.
3 INDIAN NATIONAL TRADE UNION CONGRESS (INTUC),
OLLUR ABOVE CITY BAKERY, OLLUR JUNCTION,
THRISSUR, PIN-680 306
REPRESENTED BY ITS SECRETARY.
4 BHARATHIYA MASDOOR SANGH (BMS),
OLLUR, BMS UNION OFFICE, NEAR TAXI STAND,
OLLUR JUNCTION, THRISSUR, PIN-680 306,
REPRESENTED BY ITS SECRETARY.
5 SANOJ PAUL KATOOKKAREN,
OFFICE OF INDIAN NATIONAL TRADE UNION CONGRESS
(INTUC), OLLUR, ABOVE CITY BAKERY,
OLLUR JUNCTION, THRISSUR, PIN-680 306.
6 P.B.SUDHEER,
BMS UNION OFFICE, NEAR TAXI STAND, OLLUR JUNCTION,
THRISSUR, PIN-680 306.
7 JOBY VADAKKAN,
S/O. THOMAKUTTY, VADAKKAN VEEDU, KUTTANELLUR,
THRISSUR, PIN-680 014.
WP(C).No.24437 OF 2020(D) 2
8 REESON,
S/O. OUSEP, NATTEKKADAN VEEDU, THAIKKATTUSSERY,
OLLUR, THRISSUR, PIN-680 306.
* 9 ADDL.R9 IMPLEADED.
KERALA HEADLOAD WORKERS WELFARE BOARD,
THRISSUR DISTRICT OFFICE, JAIHIND MARKET BUILDING,
KURUPPAM, THEKKINKADU MAIDAN, THRISSUR,
KERALA 680001, REPRESENTED BY THE DISTRICT CHAIRMAN
* ADDITIONAL 6TH RESPONDENT IS IMPLEADED AS PER ORDER
DATED 16.11.2020 IN IA NO.1/2020.
ADDL.R9 BY SRI.S.KRISHNA MOORTHY, SC, KHWWB
R1 & R2 BY SRI P P THAJUDEEN, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
08.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.24437 OF 2020(D) 3
JUDGMENT
The petitioner is a Company registered under the Companies Act and
engaged in the retail business of electronic goods. The petitioner state that
they have taken on licence basis a godown at Thycattussery within the limits
of Thrissur Municipal Corporation for stocking and sale of refrigerator/freezer,
television sets, home appliances etc. They assert that the establishment run
by the petitioner is not situated in an area where the functional operation of
the Headload Workers (Regulation of Employment and Welfare) Scheme,
1983 has been implemented. They further state that they have engaged
skilled persons to handle the sophisticated goods which contain electronic
circuit boards and delicate parts. According to the petitioner, the party
respondents claiming to be members of the respondent numbers 4 and 5
obstructed the loading and unloading works in the establishment. The
petitioner states that the party respondents are neither members of the
union nor have any authority or right to claim work in the establishment run
by the petitioner. When serious threats were made to the life and property of
the petitioner and their employees, Exhibit P3 complaint was lodged before
the respondents 1 and 2 seeking urgent intervention. The grievance of the
petitioner is that the Police have refused to interfere despite being aware that
a law and order situation is likely to arise. It is in the afore circumstances
that the petitioner has approached this Court seeking for a direction to the
respondents 1 and 2 to provide adequate and sufficient police protection to the
workers and employees of the petitioner for loading and unloading of goods/articles
at their godown at Thycattussery with door No.14/526 of Thrissur Corporation
without any obstruction or threats from respondents 3 to 8 and their men.
2. Though notice was served to the party respondents, none
appears before this Court.
3. Sri.Krishna Moorthy, the learned Standing Counsel appearing for
the Kerala Head Load Workers Welfare Board submitted that the
establishment run by the petitioner is not situated in an area where the
functional operation of the Head Load Workers Scheme has been extended.
4. This Court by order dated 16.11.2020 had granted an interim
order as prayed for.
5. In view of the submission of the learned standing Counsel
appearing for the Kerala head Load workers welfare fund board that the
establishment is not situated in an area where the functional operation of the
scheme has been extended, the respondents 3 to 8 or their men have no
right to insist that the headload work in the establishment run by the
petitioner should be given to them. Furthermore, none of the party
respondents have appeared before this Court to convert the contentions of
the petitioner.
6. In that view of the matter there will be a direction to the
respondents 1 and 2 to provide adequate and sufficient protection to the
workers, employees and staff of the petitioner for carrying out the loading
and unloading of goods/articles at the Godown situated at Thycattussery with
door No. 14/526 of Thrissur Corporation without any obstruction or threats
from the respondents 3 to 8 or their men.
This Writ petition will stand disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
DSV/8.1.2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LICENSE NO.140170052001100
DATED 20.10.2020 ISSUED TO THE PETITIONER
FROM THRISSUR CORPORATION.
EXHIBIT P2 TRUE COPY OF THE REGISTRATION CERTIFICATE
NO.32AALCP0781DIZN ISSUED TO THE PETITIONER
BY GOVERNMENT OF INDIA IN FORM GST REG-06
DATED 22.10.2020.
EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 4.11.2020
SUBMITTED BY THE PETITIONER BEFORE THE IST
AND 2ND RESPONDENTS.
EXHIBIT P4 TRUE COPY OF THE RECEIPT ISSUED FROM THE
OFFICE OF THE IST RESPONDENT DATED
4.11.2020.
EXHIBIT P5 TRUE COPY OF THE RECEIPT ISSUED FROM THE
OFFICE OF THE 2ND RESPONDENT DATED
5.11.2020.
EXHIBIT P6 COMPLAINT FORWARDED BY E-MAIL TO THE FIRST
RESPONDENT DATED 7.11.2020.
RESPONDENT'S/S EXHIBITS: NIL
//TRUE COPY// P.A.TO JUDGE
