Taj Ply @ Boards vs State Of Kerala
2021 Latest Caselaw 23298 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                         PRESENT

                   THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

         THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943

                              WP(C) NO. 21667 OF 2021

PETITIONERS:

     1         TAJ PLY @ BOARDS
               REPRESENTED BY ITS MANAGING PARTNER THANSEEL.P.A, AGED 45 YEARS,
               S/O.ABDUL RAHMAN,
               ASSAMANNOOR, METHALA.P.O,
               PERUMBAVOOR, PIN-683545.

     2         M/S.WOOD PLANET INDUSTRIES,
               REPRESENTED BY ITS MANAGING PARTNER JAMEER.M.K, AGED 47 YEARS,
               S/O.LATE KHADER, ASSAMANNOOR, METHALA.P.O, PERUMBAVOOR, PIN-
               683545.

     3         M/S.ROLEX PLY AND BOARDS,
               REPRESENTED BY ITS MANAGING PARTNER P.M.HAMEED, AGED 59 YEARS,
               S/O.LATE MUHAMMED,
               ASSAMANNOR, METHALA.P.O, PERUMBAVOOR, PIN-683545.

               BY ADVS.
               PEEYUS A.KOTTAM
               HRITHWIK D. NAMBOOTHIRI



RESPONDENTS:

     1         STATE OF KERALA
               REPRESENTED BY ITS SECRETARY,
               LABOUR DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM,
               PIN-695001.

     2         SUPERINTENDENT OF POLICE,
               RURAL, NETAJI ROAD, PERIYAR NAGAR, ALUVA, PIN-683101.

     3         THE DEPUTY SUPERINTENDENT OF POLICE
               PERUMBAVOOR.P.O, ERNAKULAM DISTRICT,PIN-683542.

     4         STATION HOUSE OFFICER,
               KURUPPAMPADY POLICE STATION, KURUPPAMPADY.P.O, ERNAKULAM
               DISTRICT,
               PIN-683545.
 WP(C) NO. 21667 OF 2021

                                       2



     5      HEADLOAD WORKERS (CITU),
            ASSAMANNOOR, METHALA.P.O, PERUMBAVOOR, PIN-683545, REPRESENTED BY
            SECRETARY V.R.SUBASH.

     6      HEADLOAD WORKERS UNION(AITUC),
            ASSAMANNOOR, METHALA.P.O, PERUMBAVOOR, PIN-683545, REPRESENTD BY
            SECRETARY K.NARAYANAN.

     7      HEADLOAD WORKERS UNION (INTUC),
            ASSAMANNOOR, METHALA P.O, PERUMBAVOOR, PIN-683545 REPRESENTED BY
            SECRETARY, V.P. SALIM

     8      HEADLOAD WORKERS UNION (BMS),
            COURT ROAD, PERUMBAVOOR, ERNAKULAM, PIN-683547 REPRESENTED BY ITS
            PRESIDENT ADV. K.C. MURALEEDHARAN


OTHER PRESENT:

            SRI.E C.BINEESH - GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.11.2021,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21667 OF 2021

                                      3




                               JUDGMENT

The petitioners have approached this Court asserting that they

have permanent statutorily registered workers on their payroll for

the purpose of handling the loading and unloading activities in their

establishments, but that they have been now obstructed by

respondents 5 to 8 and their men and associates, making certain

confutative demands, which they cannot accede to. They say that,

therefore, they had no other option but to approach the 4 th

respondent - Station House Officer seeking protection; but that since

no action has been taken thereon, they have been constrained to

move this Court through this writ petition.

2. I have heard Sri.Joseph P.P, learned counsel for the

petitioner and Sri.E.C.Bineesh, learned Government Pleader

appearing for the official respondents.

3. Even though notice from this Court has been validly served

on respondents 5 to 8, they have chosen not to appear in person or to

be represented through counsel; thus inferentially guiding me to the

impression that they have nothing to offer in answer to the various

allegations of the petitioners.

WP(C) NO. 21667 OF 2021

4. Sri.E.C.Bineesh, submitted that in terms of the directions

of this Court in the interim order dated 08.10.2021, necessary steps

have been taken to afford protection to the petitioners and their

registered permanent employees but submitted that this Court may

confine the said order to such employees, and no one else because

the area in question appears to be one covered by a Scheme under

the Kerala Headload Workers Act.(hereinafter referred to as 'the Act'

for short).

5. When I consider the afore submissions and go through the

materials available on record, it is clear that petitioners are seeking

protection only for their workers registered under the provisions of

the Act. If such workers are available on their payroll, and which

prima facie appears so from the various documents on record, then

they must be allowed to be engaged notwithstanding the fact that

the area in question is covered by a Scheme under the Act.

In the afore perspective, I order this writ petition and confirm

the interim order dated 08.10.2021; with a consequential direction to

the 4th respondent to ensure that the lives of the petitioners and their

permanent employees - who are validly registered under the

provisions of the Act and covered by Exts.P1, P2 and P3 series of WP(C) NO. 21667 OF 2021

identity cards - are afforded adequate and effective protection to

carry on the loading and unloading activities in the respective

establishments, without any let or interference from respondents 5 to

8 or their men or associates.

The 4th respondent will also be obligated to ensure that law and

order is maintained in the area where the petitioners' establishments

are situated, without any breach or peace being allowed by any

person, including the party respondents or their men or members.

SD/-

DEVAN RAMACHANDRAN JUDGE rp WP(C) NO. 21667 OF 2021

APPENDIX OF WP(C) 21667/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE IDENTITY CARD (26A)(3) ISSUED TO THE 1ST PETITIONER'S PERMANENT EMPLOYEE NAMED SHAJI K.S. ISSUED BY THE ASSISTANT LABOUR OFFICER, PERUMBAVOOR. DATED 4/10/2021.

Exhibit P1(A) TRUE COPY OF THE IDENTITY CARD (26A)(3) ISSUED TO THE 1ST PETITIONER'S PERMANENT EMPLOYEE NAME PRADEEP KUMAR.C.P ISSUED BY THE ASSISTANT LABOUR OFFICER, PERUMBAVOOR. DATED 4/10/2021.

Exhibit P1(B) TRUE COPY OF THE IDENTITY CARD (26A)(3) ISSUED TO THE 1ST PETITIONER'S PERMANENT EMPLOYEE NAMED AJIJUR REHMAN SSUED BY THE ASSISTANT LABOUR OFFICER, PERUMBAVOOR. DATED 4/10/2021.

Exhibit P1(C) TRUE COPY OF THE IDENTITY CARD (26A)(3) ISSUED TO THE 1ST PETITIONER'S PERMANENT EMPLOYEE NAMED KOHIROD MODAK ISSUED BY THE ASSISTANT LABOUR OFFICER, PERUMBAVOOR. DATED 4/10/2021.

Exhibit P1(D) TRUE COPY OF THE IDENTITY CARD (26A)(3) ISSUED TO THE 1ST PETITIONER'S PERMANENT EMPLOYEE NAMEDFAY BARMAN ISSUED BY THE ASSISTANT LABOUR OFFICER, PERUMBAVOOR. DATED 4/10/2021.

Exhibit P1(E) TRUE COPY OF THE IDENTITY CARD (26A)(3) ISSUED TO THE 1ST PETITIONER'S PERMANENT EMPLOYEE NAMED INDRAJIT BARMAN ISSUED BY THE ASSISTANT LABOUR OFFICER, PERUMBAVOOR. DATED 4/10/2021.

Exhibit P1(F) TRUE COPY OF THE IDENTITY CARD (26A)(3) ISSUED TO THE 1ST PETITIONER'S PERMANENT EMPLOYEE NAMEDHAJBUL BAHAR ISSUED BY THE ASSISTANT LABOUR OFFICER, PERUMBAVOOR. DATED 5/10/2021

Exhibit P1(G) TRUE COPY OF THE IDENTITY CARD (26A)(3) ISSUED TO THE 1ST PETITIONER'S PERMANENT EMPLOYEE NAMED EKRAMUL HUSSAIN ISSUED BY THE ASSISTANT LABOUR OFFICER, PERUMBAVOOR. DATED 5/10/2021

Exhibit P1(H) TRUE COPY OF THE IDENTITY CARD (26A)(3) ISSUED TO THE WP(C) NO. 21667 OF 2021

1ST PETITIONER'S PERMANENT EMPLOYEE NAMED JIYABUR RAHMAN ISSUED BY THE ASSISTANT LABOUR OFFICER, PERUMBAVOOR. DATED 5/10/2021

Exhibit P1(I) TRUE COPY OF THE IDENTITY CARD (26A)(3) ISSUED TO THE 1ST PETITIONER'S PERMANENT EMPLOYEE NAMED ANOWAR HUSSAIN ISSUED BY THE ASSISTANT LABOUR OFFICER, PERUMBAVOOR. DATED 5/10/2021

Exhibit P2 TRUE COPY OF THE IDENTITY CARD (26A)(3) ISSUED TO THE 2ND PETITIONER'S PERMANENT EMPLOYEE NAMED SINAJ A.M., ISSUED BY THE ASSISTANT LABOUR OFFICER, PERUMBAVOOR, DATED 04/10/2021.

Exhibit P2(A) TRUE COPY OF THE IDENTITY CARD (26A)(3) ISSUED TO THE 2ND PETITIONER'S PERMANENT EMPLOYEE NAMED P.H. SHAFAN, ISSUED BY THE ASSISTANT LABOUR OFFICER, PERUMBAVOOR, DATED 04/10/2021.

Exhibit P2(B) TRUE COPY OF THE IDENTITY CARD (26A)(3) ISSUED TO THE 2ND PETITIONER'S PERMANENT EMPLOYEE NAMED PIYUSH CHANDRADAS, ISSUED BY THE ASSISTANT LABOUR OFFICER, PERUMBAVOOR, DATED 04/10/2021.

Exhibit P2(C) TRUE COPY OF THE IDENTITY CARD (26A)(3) ISSUED TO THE 2ND PETITIONER'S PERMANENT EMPLOYEE NAMED MUKTHAR HUSSAIN ISSUED BY THE ASSISTANT LABOUR OFFICER, PERUMBAVOOR, DATED 04/10/2021.

Exhibit P2(D) TRUE COPY OF THE IDENTITY CARD (26A)(3) ISSUED TO THE 2ND PETITIONER'S PERMANENT EMPLOYEE NAMED ZAKIR HUSSAIN ISSUED BY THE ASSISTANT LABOUR OFFICER, PERUMBAVOOR, DATED 04/10/2021.

Exhibit P2(E) TRUE COPY OF THE IDENTITY CARD (26A)(3) ISSUED TO THE 2ND PETITIONER'S PERMANENT EMPLOYEE NAMED A.R. GANI, ISSUED BY THE ASSISTANT LABOUR OFFICER, PERUMBAVOOR, DATED 04/10/2021.

Exhibit P2(F) TRUE COPY OF THE IDENTITY CARD (26A)(3) ISSUED TO THE 2ND PETITIONER'S PERMANENT EMPLOYEE NAMED THANESWAR NATH , ISSUED BY THE ASSISTANT LABOUR OFFICER, PERUMBAVOOR, DATED 04/10/2021.

Exhibit P2(G) TRUE COPY OF THE IDENTITY CARD (26A)(3) ISSUED TO THE 2ND PETITIONER'S PERMANENT EMPLOYEE NAMED MUJABIDUL WP(C) NO. 21667 OF 2021

ISLAM ISSUED BY THE ASSISTANT LABOUR OFFICER, PERUMBAVOOR, DATED 05/10/2021.

Exhibit P2(H) TRUE COPY OF THE IDENTITY CARD (26A)(3) ISSUED TO THE 2ND PETITIONER'S PERMANENT EMPLOYEE NAMED IKRAMUL ISLAM ISSUED BY THE ASSISTANT LABOUR OFFICER, PERUMBAVOOR, DATED 05/10/2021.

Exhibit P2(I) TRUE COPY OF THE IDENTITY CARD (26A)(3) ISSUED TO THE 2ND PETITIONER'S PERMANENT EMPLOYEE NAMED SEKH AKTRARUL ISSUED BY THE ASSISTANT LABOUR OFFICER, PERUMBAVOOR, DATED 05/10/2021.

Exhibit P32(J) TRUE COPY OF THE IDENTITY CARD (26A)(3) ISSUED TO THE 2ND PETITIONER'S PERMANENT EMPLOYEE NAMED HASSEN ALI ISSUED BY THE ASSISTANT LABOUR OFFICER, PERUMBAVOOR, DATED 05/10/2021.

Exhibit P3 TRUE COPY OF THE IDENTITY CARD (26A)(3) ISSUED TO THE 3RD PETITIONER'S PERMANENT EMPLOYEE NAMED BIKY ROY ISSUED BY THE ASSISTANT LABOUR OFFICER, PERUMBAVOOR, DATED 04/10/2021.

Exhibit P3(A) TRUE COPY OF THE IDENTITY CARD (26A)(3) ISSUED TO THE 3RD PETITIONER'S PERMANENT EMPLOYEE NAMED GUPAL KAKATHI ISSUED BY THE ASSISTANT LABOUR OFFICER, PERUMBAVOOR, DATED 04/10/2021.

Exhibit P3(B) TRUE COPY OF THE IDENTITY CARD (26A)(3) ISSUED TO THE 3RD PETITIONER'S PERMANENT EMPLOYEE NAMED SIYAD T.A. ISSUED BY THE ASSISTANT LABOUR OFFICER, PERUMBAVOOR, DATED 04/10/2021.

Exhibit P3(C) TRUE COPY OF THE IDENTITY CARD (26A)(3) ISSUED TO THE 3RD PETITIONER'S PERMANENT EMPLOYEE NAMED KHALILUR RAHMAN ISSUED BY THE ASSISTANT LABOUR OFFICER, PERUMBAVOOR, DATED 05/10/2021.

Exhibit P3(D) TRUE COPY OF THE IDENTITY CARD (26A)(3) ISSUED TO THE 3RD PETITIONER'S PERMANENT EMPLOYEE NAMED ABDUL JALIL ISSUED BY THE ASSISTANT LABOUR OFFICER, PERUMBAVOOR, DATED 05/10/2021.

Exhibit P3(E) TRUE COPY OF THE IDENTITY CARD (26A)(3) ISSUED TO THE 3RD PETITIONER'S PERMANENT EMPLOYEE NAMED SUMANTA SWAIN, ISSUED BY THE ASSISTANT LABOUR OFFICER, WP(C) NO. 21667 OF 2021

PERUMBAVOOR, DATED 05/10/2021.

Exhibit P3(F) TRUE COPY OF THE IDENTITY CARD (26A)(3) ISSUED TO THE 3RD PETITIONER'S PERMANENT EMPLOYEE NAMEDRAHUL BORAH ISSUED BY THE ASSISTANT LABOUR OFFICER, PERUMBAVOOR, DATED 05/10/2021.

Exhibit P3(G) TRUE COPY OF THE IDENTITY CARD (26A)(3) ISSUED TO THE 3RD PETITIONER'S PERMANENT EMPLOYEE NAMED RUMEN GOGOI ISSUED BY THE ASSISTANT LABOUR OFFICER, PERUMBAVOOR, DATED 05/10/2021.

Exhibit P3(H) TRUE COPY OF THE IDENTITY CARD (26A)(3) ISSUED TO THE 3RD PETITIONER'S PERMANENT EMPLOYEE NAMED NITUL BORA ISSUED BY THE ASSISTANT LABOUR OFFICER, PERUMBAVOOR, DATED 05/10/2021.

Exhibit P3(I) TRUE COPY OF THE IDENTITY CARD (26A)(3) ISSUED TO THE 3RD PETITIONER'S PERMANENT EMPLOYEE NAMED MANJIT BHUYAN ISSUED BY THE ASSISTANT LABOUR OFFICER, PERUMBAVOOR, DATED 05/10/2021.

Exhibit P4 TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENTS 5 TO 7 TO THE 1ST PETITIONER.

Exhibit P5 TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENTS 5 TO 7 TO THE 2ND PETITIONER.

Exhibit P6 TRUE COPY OF THE NOTICE DATED 15/09/2021 ISSUED BY THE 8TH RESPONDENT TO THE 1ST PETITIONER.

Exhibit P7 TRUE COPY OF THE NOTICE DATED 15/09/2021 ISSUED BY THE 8TH RESPONDENT TO THE 2ND PETITIONER.

Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 01/10/2021 SUBMITTED BY THE PETITIONERS TO THE RESPONDENTS 2 TO

Exhibit P9 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT ISSUED FROM THE KURUPPUMPADY POLICE STATION TOWARDS THE RECEIPT TO EXT.P8 REPRESENTATION SUBMITTED BY THE PETITIONERS DATED 01/10/2021.