Padiyath Kochu Moidenn Abdu vs The Circle Inspector Of Police
2021 Latest Caselaw 15142 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  TUESDAY, THE 20TH DAY OF JULY 2021 / 29TH ASHADHA, 1943
                   WP(C) NO. 6491 OF 2020
PETITIONER:

         PADIYATH KOCHU MOIDENN ABDU,
         AGED 66 YEARS
         S/O.KOCHU MOIDEEN, PADIYATH HOUSE, EDAVILANGU
         P.O., KODUNGALLUR, PIN - 680 671.
         BY ADVS.
         P.K.IBRAHIM
         SMT.K.P.AMBIKA
         KUM.SREEJI K.B.


RESPONDENTS:

    1    THE CIRCLE INSPECTOR OF POLICE,
         KODUNGALLUR, PIN - 680 664.

    2    THE SUB INSPECTOR OF POLICE,
         KODUNGALLUR, PIN - 680 664.

    3    THE ASSISTANT LABOUR OFFICER,
         KODUNGALLUR, PIN - 680 664.

    4    SHABU E.S.,
         SECRETARY, INTUC (HEADLOAD WORKERS UNION),
         KODUNGALLUR CHANDAPURA AREA, RESIDING AT EREZHATH
         HOUSE, INDIRA BHAVAN, KODUNGALLUR, PIN - 680 664.

    5    SIDARTHAN A.S.,
         SECRETARY, CITU (HEADLOAD WORKERS UNION),
         KODUNGALLUR AREA, RESIDING AT AVANIPULLI HOUSE,
         PANAGAD P.O., KODUNGALLUR, PIN - 680 665.

    6    NOUSHAD,
         SECRETARY, CLTU (HEADLOAD WORKERS UNION),
         KODUNGALLUR CHANDAPURA, RESIDING AT KUZHIKANDATHIL
         HOUSE, KODUNGALLUR, PIN - 680 664.
 W.P.(C).No.6491/2020

                                2


 ADDL R7 THE HEADLOAD WORKERS WELFARE FUND BOARD,
         SUB-OFFICE, KOTTAPURAM.P.O., KODUNGALLOOR, PIN-
         680667, REPRESENTED BY ITS CHAIRMAN.]

            (IMPLEADED VIDE ORDER DATED 06-03-2020 IN
            I.A.NO.1/2020)
            BY ADV SRI.S.KRISHNA MOORTHY, SC, KHWWB
            BY ADV.N.B.SUNIL NATH, GOVT. PLEADER


     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   20.07.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.6491/2020

                                   3




                    P.V.KUNHIKRISHNAN, J.
                      -------------------------------
                     W.P.(C).No.6491 of 2020
              ----------------------------------------------
             Dated this the 20th day of July, 2021


                            JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamus commanding the respondents 1 and 2 to afford adequate police protection to the petitioner and his workers named in Exts.P1(a),P1(b) and P1(c) applications to do loading and unloading works in building bearing No.5/732 (old No.4/192) situates in ward No.5 of Kodungallur Municipality in the event of any obstruction/interference from the respondents 4 to 6 for enforcing their demand for loading and unloading works.

ii. Issue a writ of mandamus commanding the 3 rd respondent to consider Exts.P1(a), P1(b) and P1(c) and grant registration to them under the Headload Workers Act as workers attached the petitioner's establishment for loading and unloading works without any delay.

iii. Pass such other orders that this Hon'ble Court W.P.(C).No.6491/2020

may deem fit and proper in the facts and circumstances of the case.

2. When this writ petition came up for consideration

before this Court on 06.03.2020, this Court passed the

following order:

"In view of the fact that the petitioner has applied for registration of workers under him in an establishment to be opened, it is appropriate the Police accord necessary Police protection to the petitioner for loading and unloading activities, engaging his own workers. In the meanwhile, the Assistant Labour Officer shall consider the application for registration without any delay."

3. Today, when the writ petition came up for

consideration, the counsel for the petitioner submitted that,

even now, the application submitted by the petitioner for

registration of his workers is not considered by the competent

authority, even though there is a direction from this Court on

06.03.2020. The counsel submitted that till the disposal of the

same, the interim order may be retained. The Government

Pleader submitted that if the applications are already

dismissed, the pool workers are entitled to do the work. The W.P.(C).No.6491/2020

counsel for the Board submitted that the interim order may

not be retained. The counsel for the Board submitted that

admittedly there is no registered headload workers to the

petitioner as on today. Simply because an application is

pending before the authority, this Court may not pass any

orders like this. That will affect the work of the pool workers.

4. Admittedly this writ petition is pending from

03.03.2020 onwards. The interim order was passed by this

Court on 06.03.2020. Now, for the last one year, the interim

order is in force. According to me there can be a time frame

to dispose the application submitted by the petitioner for

registration of his workers by the competent authority. Till

then the interim order can be extended.

Therefore, this writ petition is disposed in the following

manner:

1. The 3rd respondent Assistant Labour Officer

shall consider Exts.P1(a) to P1(c) applications

for registration of the petitioner's workers (if

not already disposed) and will pass appropriate

orders in it, as expeditiously as possible, at any

rate, within two months from the date of W.P.(C).No.6491/2020

receipt of a copy of this judgment, after

complying all formalities in accordance to law.

2. Till a final decision is taken by the Assistant

Labour Officer, Kodungallur, the interim order

dated 06.03.2020 will continue in force.

3. The petitioner will produce a copy of this

judgment before the 3rd respondent within

three weeks from the date of receipt of a copy

of this judgment.

With the above observations, this writ petition is

disposed of.

Sd/-

                                       P.V.KUNHIKRISHNAN
JV                                            JUDGE
 W.P.(C).No.6491/2020





                 APPENDIX OF WP(C) 6491/2020

PETITIONER EXHIBITS

EXHIBIT P1(A)          TRUE COPY OF THE APPLICATION SUBMITTED
                       BY MOHAMMED RASHEED, BEFORE THE

ASSISTANT LABOUR OFFICER, KODUNGALLUR FOR BEING REGISTERED AS HEADLOAD WORKER UNDER THE HEADLOAD WORKERS ACT THROUGH ONLINE INFORMING THE OPENDING OF THE SHOP AS 01/03/2020.

EXHIBIT P1(B) TRUE COPY OF THE APPLICATION SUBMITTED BY MOFIDUDDIN BEFORE THE ASSISTANT LABOUR OFFICER, KODUNGALLUR FOR BEING REGISTERED AS HEADLOAD WORKER UNDER THE HEADLOAD WORKERS ACT THROUGH ONLINE INFORMING THE OPENING OF THE SHOP AS 01/03/2020.

EXHIBIT P1(C) TRUE COPY OF THE APPLICATION SUBMITTED BY ATABU RAHMAN BEFORE THE ASSISTANT LABOUR OFFICER, KODUNGALLUR FOR BEING REGISTERED AS HEADLOAD WORKER UNDER THE HEADLOAD WORKERS ACT THROUGH ONLINE INFORMING THE OPENING OF THE SHOP AS 01/03/2020.

EXHIBIT P2 TRUE COPY OF THE PETITION DATED 27/02/2020 ALONG WITH ITS ACKNOWLEDGMENT BY THE 2ND RESPONDENT.