Abhilash V.S vs Station House Officer
2021 Latest Caselaw 20398 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
                       WP(C) NO. 17914 OF 2021
PETITIONER:

            ABHILASH V.S.
            AGED 31 YEARS
            S/O. SHANMUGHAN, PROPRIETOR,
            ANUPAMA AGENCIES, NALAPATT ROAD,
            ALTHARA, RESIDING AT VALIYAVEETTIL VEEDU,
            ERAMANGALAM P.O - 679 587.

            BY ADV K.I.SAGEER IBRAHIM

RESPONDENTS:

    1       STATION HOUSE OFFICER,
            VADAKKEKKAD POLICE STATION,
            VADAKKEKKAD, THRISSUR - 679 562.
    2       THE ASSISTANT LABOUR OFFICER
            CHAVAKKAD - 680 506.
    3       KERALA STATE HEADLOAD WORKERS WELFARE BOARD,
            REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
            SIVARAMA MENON ROAD,
            ERNAKULAM NORTH, ERNAKULAM - 682 018.
    4       POOL LEADER/CONVENOR,
            HEADLOAD WORKERS UNION (BMS),
            ALTHARA, PUNNAYURKULAM P.O - 679 561.

            BY ADVS.
            SRI. E. C. BINEESH - SR GP
            SRI. S.KRISHNA MOORTHY, SC, KHWWB
            SRI. RAJIT



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.17914 OF 2021

                                        2




                                  JUDGMENT

The petitioner is stated to be conducting

retail business in building materials and cement

and that he has employed three persons for all

works, including loading and unloading. The

petitioner asserts that his employees have

preferred applications for registration under

Rule 26A of the Kerala Headload Workers Rules

(for short 'the Rules') and that it is under

consideration by the competent Authority, and

posted for hearing on 13.10.2021.

2. The petitioner says that, however, in

spite of the fact that the loading and unloading

activities is only incidental to the main

business, the 4th respondent and their men are

causing continuous obstruction to him and his

employees; and therefore, that he was constrained

to approach the 1st respondent-Station House WP(C).No.17914 OF 2021

Officer, seeking protection through Ext.P3. He

alleges that since no action was taken by the 1st

respondent thereon, he has been forced to file

this writ petition.

3. Sri.S.Krishna Moorthy - learned Standing

Counsel appearing for the 3rd respondent-Board,

submitted that the area, where the petitioner is

conducting his business, is covered by a Scheme

under the Headload Workers Act (for short 'the

Act') and therefore, that he can only engage an

employee who is statutorily registered under Rule

26A of the Rules. He affirmed that petitioner's

employees are not so registered and thus argued

that he must engage members from the 4th

respondent Union.

4. Sri.Rajit - learned counsel appearing for

the 4th respondent, also adopted the afore

submissions of Sri.S.Krishna Moorthy and pointed

out that a counter affidavit has been filed by

his client, wherein, they have taken the WP(C).No.17914 OF 2021

contention that the application for registration,

under Rule 26A, made by the petitioner on behalf

of his employees, is incompetent because it could

have been preferred only by the employees and not

by him. Sri.Rajit, therefore, prayed that this

writ petition be dismissed, because until such

time as the employees of the petitioner are able

to obtain statutory registration under Rule 26A,

he will have to employ workers as per the

provisions of the Act.

5. In reply, Sri.K.I.Sageer Ibrahim,

submitted that since the application for

registration of his client's employees is to be

considered on 13.10.2021, this Court may adjourn

this writ petition to a day after that.

6. Even when I hear the petitioner as afore,

I am certain that it would not be necessary for

this Court to keep this writ petition pending any

further, when it is conceded that, as of now, the

petitioner does not have any employee who is WP(C).No.17914 OF 2021

statutorily registered. Pertinently, at the time

when this writ petition was filed, no such

registration had been even applied for by the

petitioner or his employees.

7. Therefore, I am of the firm view that, as

long as the area where the petitioner is

conducting his business is covered by a Scheme

under the Act, it would not be possible for him

to exclude members from the 4th respondent Union

for loading and unloading work. However, if he

has a contention that the loading and unloading

works going on in his business is only incidental

to the main work, he is certainly at liberty to

approach the competent Authority under the Act

with such a claim, which shall thereupon be

considered by the said Authority in terms of law.

Resultantly, I allow this writ petition and

direct the 1st respondent - Station House Officer

to ensure that lives of the petitioner and his

employees are adequately and effectively WP(C).No.17914 OF 2021

protected, but on condition that he will employ

members from the 4th respondent - Union for

loading and unloading activities, unless he is

able to obtain registration for his permanent

employees or until he is able to secure an order

from the competent Authority under the Act that

such works can be carried on by his own

employees.

Needless to say, the Police will ensure,

whatever be the dialectical contentions of the

parties and their disputes, that law and order in

the area where the petitioner's business is being

conducted, is maintained and that no one,

including the members of the 4th respondent, are

allowed to breach peace in any manner whatsoever.

Sd/-

DEVAN RAMACHANDRAN JUDGE

SPR WP(C).No.17914 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE D & O LICENCE BEARING NO.A4-3813/2021-22-262 DATED 20.04.2021 ISSUED BY THE PUNAYOORKULAM GRAMA PANCHAYATH.

EXHIBIT P2 A TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT OF AMOUNT FOR ISSUANCE OF REGISTRATION ISSUED BY THE GOVERNMENT DATED 06.08.2021.

EXHIBIT P3 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 16.08.2021.

RESPONDENT'S EXHIBITS:-

EXHIBIT R4 (A) TRUE COPY OF THE RELEVANT PAGES OF THE REGISTR MAINTAINED BY THE 4TH RESPONDENT AND COUNTER SIGNED BY THE PETITIONER.