Kerala High Court
Reji Varghese vs The Station House Officer on 19 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
WP(C) NO. 21679 OF 2021
PETITIONER:
REJI VARGHESE
AGED 57 YEARS
S/O. VARGHESE, CHALAYI VADAKKETHIL, MUTTOM P. O., CHEPPAD,
ALAPPUZHA DISTRICT, PIN - 690 511.
BY ADVS.
JOSEPH GEORGE
JIBU P THOMAS
RESPONDENTS:
1 THE STATION HOUSE OFFICER
CHENGANNUR POLICE STATION, CHENGANNUR P. O., PIN - 689 121.
2 THE DISTRICT POLICE CHIEF - ALAPPUZHA
OFFICE OF THE DISTRICT POLICE CHIEF ALAPPUZHA, CCSB ROAD, CIVIL
STATION WARD, ALAPPUZHA, PIN - 688012.
3 STATE OF KERALA
REPRESENTED BY SECRETARY (HOME), GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
4 THE DEPOT MANAGER - CHENGANNUR
SUPPLY CO DEPOT, CHENGANNUR P. O., PIN - 689 121.
5 TALUK SUPPLY OFFICER - CHENGANNUR
SUPPLY OFFICE, CHENGANNUR P. O., PIN - 689 121.
6 THE APPELLATE AUTHORITY,
KOLLAM OF KERALA HEAD LOAD WORKERS ACT / DEPUTY LABOUR
COMMISSIONER - KOLLAM, OFFICE OF DEPUTY LABOUR COMMISSIONER,
KOLLAM, PIN - 691003.
7 THE ASSISTANT LABOUR OFFICER - CHENGANNUR
OFFICE OF ALO, CHENGANNUR P. O., PIN - 689 121.
8 MANOJ M. K.
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, CONVENER,
CITU, N.F.S.A. GODOWN CHERIYANAD, CHERIYANAD P. O., ALAPPUZHA
2
W.P.(C)No. 21679 of 2021
DISTRICT, PIN - 689 511.
9 RADHAKRISHNAN NAIR
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
CONVENER, AITUC, N.F.S.A. GODOWN CHERIYANAD,
CHERIYANAD P. O., ALAPPUZHA DISTRICT, PIN - 689 511.
10 SADASIVAN PILLAI
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
CONVENER, BMS, N.F.S.A. GODOWN CHERIYANAD,
CHERIYANAD P. O., ALAPPUZHA DISTRICT, PIN - 689 511.
11 BHASI
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
CONVENER, HMS, N.F.S.A. GODOWN CHERIYANAD,
CHERIYANAD P. O., ALAPPUZHA DISTRICT, PIN - 689 511.
12 DEVADAS
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
CONVENER, INTUC, N.F.S.A. GODOWN CHERIYANAD,
CHERIYANAD P. O., ALAPPUZHA DISTRICT, PIN - 689 511.
OTHER PRESENT:
SRI.E C.BINEESH - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
3
W.P.(C)No. 21679 of 2021
JUDGMENT
Dated this the 19th day of November, 2021.
The petitioner says that he is a Transporting
Contractor, operating under Ext.P1 proceedings issued
by the Depot Manager of the SUPPLYCO Depot,
Chengannur. He says that, as part of the business,
food articles will have to be loaded and unloaded at
the individual businesses of the various dealers; and
that this is being now obstructed by respondents 8 to
12, asserting that they alone have the right to do so,
under the provisions of the Kerala Headload workers
Act (Act for short).
2. The petitioner asserts that, the demand of
the party respondents is untenable, which is evident
from the fact that the Deputy Labour Officer,
W.P.(C)No. 21679 of 2021
Alappuzha, has found against them under Section
21(1) of the Act, which has been subsequently
confirmed by the Appellate Authority, through Ext.P2.
He points out that, thereafter, the Depot Manager of
SUPPLYCO, Chengannur, issued Ext.P3, directing
respondents 8 to 12 not to do any loading work, other
than at the National Food Security Authority (NFSA)
godown.
3. The petitioner says that, therefore, it is
evident that respondents 8 to 12 have no right to
demand any work of loading and unloading the
articles at the premises of individual retailers and
consequently that he was constrained to approach the
1st respondent - Station House Officer, through Ext.P4
seeking protection; but that since no action was taken
thereon, he has been forced to move this Court
W.P.(C)No. 21679 of 2021
through this writ petition.
4. I have heard Sri.Jibu P.Thomas - learned
counsel for the petitioner; Smt.Molly Jacob - learned
Standing Counsel appearing for the SUPPLYCO and
Sri.E.C.Bineeh - learned Government Pleader
appearing for respondents 1 to 3.
5. Smt.Molly Jocob - learned Standing Counsel
for SUPPLYCO, affirmed that, as per Ext.P1
proceedings and Ext.P2 order, petitioner is entitled to
engage his own workers for loading and unloading
food articles at the premises of the individual
retailers. She, therefore, supported the petitioner and
prayed that this writ petition be allowed.
6. Sri.E.C.Bineesh - learned Government
Pleader, submitted that necessary protection has
already been granted to the petitioner and his
W.P.(C)No. 21679 of 2021
employees in obedience to the directions of this Court
in the interim order dated 08.10.2021; and
consequently that there have been no untoward
incidents reported thereafter.
7. I notice from the files that even though
summons from this Court have been sent to
respondents 8 to 12, they have chosen not to accept
it; and it have been, therefore, returned to this Court
with an endorsement "unclaimed".
Taking note of the afore and in particular the
submissions of Sri.Molly Jacob with respect to Exts.P1
and P2, I order this writ petition confirming the
interim order dated 08.10.2021; with a consequential
direction to the 1st respondent - Station House Officer,
to act as per its terms and to ensure that law and
order is always maintained in the areas where the
W.P.(C)No. 21679 of 2021
petitioner is carrying on his business in terms of
Ext.P1, without any breach of peace being allowed by
anyone, including respondents 8 to 12 or their men or
associates.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Raj/23.11.2021.
W.P.(C)No. 21679 of 2021
APPENDIX OF WP(C) 21679/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF THE PROCEEDINGS
NO.C6-841/20 DATED 30.07.2021 ISSUED
BY THE 4TH RESPONDENT.
Exhibit P2 TRUE PHOTOCOPY OF ORDER
NO.HLA1/2021 DATED 09.09.2021 OF THE
APPELLATE AUTHORITY, KOLLAM OF
KERALA HEAD LOAD WORKERS ACT 1978.
Exhibit P3 TRUE PHOTOCOPY OF PROCEEDINGS
NO.C2/897/20 DATED 01.10.2021 OF THE
DEPOT MANAGER SUPPLY CO DEPOT,
CHENGANNUR.
Exhibit P4 TRUE PHOTOCOPY OF COMPLAINT DATED
05.10.2021 SUBMITTED BEFORE THE 1ST
RESPONDENT BY THE PETITIONER.
Exhibit P5 TRUE PHOTOCOPY OF ACKNOWLEDGMENT
RECEIPT NO.1306/P1/21 DATED
05.10.2021 ISSUED BY 1ST RESPONDENT.
