Shameel M vs The Deputy Superintendent Of ...
2021 Latest Caselaw 13713 Ker

Citation : 2021 Latest Caselaw 13713 Ker
Judgement Date : 2 July, 2021

Kerala High Court

Shameel M vs The Deputy Superintendent Of ... on 2 July, 2021

WP(C) NO. 24945 OF 2019                1



                     IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                  THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

             FRIDAY, THE 2ND DAY OF JULY 2021 / 11TH ASHADHA, 1943

                             WP(C) NO. 24945 OF 2019

PETITIONER/S:

              SHAMEEL M
              AGED 40 YEARS
              S/O. M.VEERANKUTTY, MANAGING PARTNER, M/S. GRAND TRADERS,
              DOOR NO.16/342-B, KARASSERY, MUKKAM, KOZHIKODE, PIN-673 602.

              BY ADV R.RAMADAS


RESPONDENT/S:

      1       THE DEPUTY SUPERINTENDENT OF POLICE
              THAMARASSERY, KOZHIKODE, PIN-673573.

      2       THE CIRCLE INSPECTOR OF POLICE
              MUKKAM, KOZHIKODE-673 602.

      3       THE SUB INSPECTOR OF POLICE
              MUKKAM, KOZHIKODE-673602.

      4       KOZHIKODE DISTRICT HEAD LOAD AND GENERAL WORKERS UNION (HMS)
              KARASSERY, MUKKAM, KOZHIKODE DISTRICT, REPRESENTED BY ITS
              PRESIDENT, PIN-673 602.

      5       KERALA HEADLOAD WORKERS WELFARE FUND BOARD
              REPRESENTED BY ITS SECRETARY/EXECUTIVE OFFICER, KARASSERY,
              MUKKAM, KOZHIKODE-673602.

      6       THE ASSISTANT LBAOUR OFFICER
              MINI CIVIL STATION, THAMARASSERY, KOZHIKODE DISTRICT, PIN-
              673573

              BY ADVS.
              SRI.V.S.SREEJITH
              SRI.THOMAS ABRAHAM, SC, KHWWB

OTHER PRESENT

              SRI.N.B.SUNIL NATH, GP

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION              ON
02.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24945 OF 2019               2




                       P.V.KUNHIKRISHNAN, J
                  --------------------------------------------
                      W.P.(C.) No.24945 of 2019
                     --------------------------------------
                 Dated this the 2nd day of July, 2021



                               JUDGMENT

The petitioner is the Managing Partner of M/s.Grand

Traders, Karassery, Mukkam, Kozhikode. The petitioner filed

this writ petition with the following prayers :

(i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 to 3 to give necessary police protection to the petitioner for preventing the 4th respondent Union and its workers from creating any obstruction to the loading and unloading works being carried on by the petitioner's own permanent registered workers within the premises of the petitioner at Karassery, Mukkam.

(ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 to 3 to prevent the 4th respondent Union and its workers from creating any obstruction in front of the petitioner's premises and also for the ingress and egress of vehicles to the petitioner's business premises at Karassery, Mukkam.

(iii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 to 3 to give adequate police protection to the petitioner for preventing the illegal and high handed action of 4th respondent Union and its workers.

And

(iv) Pass any other appropriate writ, order or direction which this Hon'ble Court may deem fit to issue and the petitioner may pray from time to time."

2. According to the petitioner, he has taken on lease a

building bearing No.16/342-B at Karassery, Mukkam,

Kozhikode District for doing business in cement, steel and

other building materials. According to the petitioner, there

are 7 permanent registered workers to him and they are

doing the loading and unloading works within the premises of

the petitioner. The petitioner submitted that these permanent

workers are experienced skilled workers and they are doing

the loading and unloading works carefully and efficiently. The

petitioner submitted that the 7 permanent workers are

registered workers under the Kerala Head Load Workers' Act

and the Rules framed thereunder. All of them have been

issued ID cards under Rule 26A by the 6th respondent.

According to the petitioner, there is obstruction from

respondent No.4. In such a situation, the above writ petition

is filed. When this writ petition came up for consideration on

20.9.2019, this Court passed the following order :

" It is pointed out that the petitioner has its own loading and unloading workers who are having the registration card given by the competent authority.

2. Admit. Government Pleader takes notice for the respondents 1 to 3 and 6. Standing Counsel appears for the 5th respondent. Issue notice by speed post to the 4 th respondent.

3. In the meantime having regard to the factual situation arising in this case there will be an interim order directing the police to render necessary police protection to the petitioner to carry out the business activities of loading and unloading in his premises without any obstruction being caused by the 4th respondent and their men."

3. Today, when this matter came up for consideration,

the counsel for the petitioner reiterated the contention, in the

light of Ext.P2 order passed by the District Labour Officer

and Ext.P3, ID cards issued to the permanent employees of

the petitioner under Rule 26A of the Head Load Workers

Rules. The counsel submitted that, retaining the interim

order, the writ petition may be closed.

4. The counsel for the 4th respondent-Union submitted

that Ext.P2 order is passed by the District Labour Officer,

without hearing the 4th respondent. The counsel submitted

that they want to challenge Ext.P2 order. The counsel for the

5th respondent-Board submitted that it is a scheme covered