Kerala High Court
Suresh N.S vs The Station House Officer on 6 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
WP(C) NO. 15192 OF 2021
PETITIONER:
SURESH N.S., AGED 49 YEARS, SON OF N.J.SCARIA,
PROPRIETOR, HOME CENTRE, HEAD OFFICE AT KP1/127-F/G/H/M,
DARUSALAM COMPLEX, BEHIND KARANTHUR JUMA MAZJID,
OVUNGARA, KARANTHUR, KOZHIKODE-673571, KOZHIKODE
DISTRICT, AND BRANCH AT III/8C MALAYIDAMTHURUTHU,
KIZHAKKAMBALAM, KIZHAKKAMBALAM P.O., 683562,
ERNAKULAM DISTRICT.
BY ADVS.
B.ASHOK SHENOY
P.S.GIREESH
RIYAL DEVASSY
ARJUN R NAIK
RESPONDENTS:
1 THE STATION HOUSE OFFICER, THADIYITTAPARAMBU POLICE
STATION, ALUVA-MUNNAR ROAD, VAZHAKULAM P.O.,
ERNAKULAM DISTRICT-683105.
2 ERNAKULAM DISTRICT LOADING AND UNLOADING WORKERS UNION
(INTUC), REPRESENTED BY ITS UNIT CONVENER,
MALAYIDAMTHURUTH, MALAYIDAMTHURUTH P.O.,
PERUMBAVOOR-683561, ERNAKULAM DISTRICT.
3 KERALA HEADLOAD WORKERS WELFARE FUND-POOL NO.59,
REPRESENTED BY ITS POOL LEADER, MALAYIDAMTHURUTH,
MALAYIDAMTHURUTH P.O., PERUMBAVOOR-683561, ERNAKULAM
DISTRICT. [CORRECTED]
"HEAD LOAD WORKERS POOL NO.59" (THE CAUSE TITLE OF R3 IS
CORRECTED AS PER ORDER DATED 27.08.2021 IN I.A.1/2021 IN
WP(C).15192/2021.)
4 KERALA HEADLOAD WORKERS WELFARE FUND BOARD,
REPRESENTED BY ITS CHAIRMAN, PUTHENCRUZ SUB COMMITTEE,
PUTHENCRUZ PO- 682308, ERNAKULAM DISTRICT.
WPC 15192/21
2
BY ADVS.
C.S.AJITH PRAKASH
SRI.S.KRISHNA MOORTHY, SC, KHWWB
T.K.DEVARAJAN
PAUL C THOMAS
BABU M.
NIDHIN RAJ VETTIKKADAN
HAARIS MOOSA
ADESH JOSHI
M.B.SOORI
SRI E C BINEESH - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.10.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WPC 15192/21
3
JUDGMENT
The petitioner is stated to be running a
business of sale of ceramic glazed tiles, under
the name 'Home Centre' and says that he has 5
headload workers attached to his business, who are
all registered under the provisions of Rule 26A of
the Kerala Headload Workers Act (hereinafter
referred to as 'the Act' for short).
2. The petitioner says that in spite of the
fact that he has his own registered workers, the
3rd respondent and their members are causing
obstruction to his business, claiming exclusive
rights to do the loading and unloading work;
consequently constraining him to approach the 1st
respondent - Station House Officer through Ext.P8
complaint, but that since no action was taken
thereon, he has been forced to approach this Court
through this Writ Petition.
3. Sri.P.S.Gireesh - learned counsel for the
petitioner, pointed out that there were several
WPC 15192/21
instances of violence against his client and his
employees, which left him with no option but to
approach the Police seeking registration of FIRs
and crimes against the perpetrators, but that the
attempts to cause violence is still continuing
unabated. He, therefore, prayed that this Court
direct the competent Police Authorities to afford
adequate and effective protection to his client
and his employees, who are covered by Exts.P3 to
P7 registration under the Act.
4. Sri.S.Krishnamoorthy - learned Standing
Counsel appearing for the 4th respondent - Headload
Workers Welfare Fund Board, submitted that the
area in question is covered by a Scheme under the
Act, but conceded that if the petitioner has his
own registered workers, then the members of the 3rd
respondent cannot obstruct or prevent them from
undertaking the loading and unloading work. He,
however, submitted that, as is clear from the
Registers produced by the petitioner before this
Court, they are not properly endorsed by the
WPC 15192/21
Assistant Labour Officer and consequently that, he
is also acting in violation of the applicable
Statutes and Rules.
5. Sri.Ajith Prakash - learned Standing
Counsel appearing for the 3rd respondent, submitted
that a counter affidavit has been placed on
record, wherein, it has been averred that his
client has already preferred an appeal before the
competent Appellate Authority. He argued that the
cause projected by the petitioner is wholly untrue
because his clients have not caused any threat or
intimidation to him or his employees in any manner
whatsoever.
6. Sri.E.C.Bineesh - learned Government
Pleader, however, submitted that even after this
Writ Petition was filed and the interim order
dated 30.07.2021 issued by this Court, there was a
complaint made by the petitioner that the members
of the 3rd respondent indulged in violence, causing
grievous injuries to his employees. He submitted
that a crime was registered, as Crime No.804/2021,
WPC 15192/21
charging the accused under Sections 448, 341, 323
and 506 read with Section 34 of Indian Penal Code
and that investigation to the same is still going
on. He, therefore, prayed that this Court may
confirm the interim order earlier granted and
disposed of this Writ Petition on such terms.
7. When I hear the learned Government
Pleader as afore, it is clear that the Police have
acted swiftly in booking the accused under the
relevant provisions of the IPC; but this will not
suffice until the fear of law is thrust into the
hearts of the members of the 3rd respondent. It is
clear from the records that various complaints
were raised against the 3rd respondent even before
the filing of this Writ Petition and it is rather
distressing that even after an interim order was
issued by this Court, some of them indulged in
acts of violence, leading to registration of Crime
No.804/2021. This cannot be condoned or
countenanced and I, therefore, direct the
competent Police Authorities to ensure that the
WPC 15192/21
said crime is properly investigated and the
accused brought to justice in terms of law.
8. As far as the petitioner is concerned, I
am certain that he is entitled to relief in this
Writ Petition.
Resultantly, I allow this Writ Petition and
direct the 1st respondent - Station House Officer,
to ensure that the petitioner and his employees,
who are covered by statutory registrations
demonstrated through Exts.P3 to P7, are granted
adequate and effective protection, while they
undertake the loading and unloading activities,
without any let or interference from any person,
including the members and associates of the 3rd
respondent; and to further ensure that law and
order is always maintained in the area in
question, without any breach of peace in future.
Needless to say, if any complaint is received
by the Police with respect to any act of violence
or obstruction or attempt to commit any offence by
the members of the 3rd respondent, they shall act
WPC 15192/21
swiftly and ensure that the accused is brought to
justice, charged under the applicable
provisions of the IPC without any reservation.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 15192/21
APPENDIX OF WP(C) 15192/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF REGISTRATION CERTIFICATE
NO.32ADDPN2779B1ZU DATED 05/08/2020
ISSUED BY ASSISTANT COMMISSIONER,
COMMERCIAL TAX OFFICE, GOODS AND
SERVICE TAX DEPARTMENT.
Exhibit P2 TRUE COPY OF LICENCE NO.140/2021-
2022/C-4/6224/21 DATED 22/07/2021
ISSUED BY SECRETARY, KIZHAKKAMBALAM
GRAMA PANCHAYAT.
Exhibit P3 TRUE COPY OF IDENTITY CARD ISSUED BY
ASSISTANT LABOUR OFFICER, PERUMBAVOOR,
TO SHEFIN K.S., UNDER REGISTRATION
NO.07/07/201/2020.
Exhibit P4 TRUE COPY OF IDENTITY CARD ISSUED BY
ASSISTANT LABOUR OFFICER, PERUMBAVOOR,
TO ANTONY P.T., UNDER REGISTRATION
NO.07/07/205/2020.
Exhibit P5 TRUE COPY OF IDENTITY CARD ISSUED BY
ASSISTANT LABOUR OFFICER, PERUMBAVOOR,
TO JOBIN GEORGE., UNDER REGISTRATION
NO.07/07/200/2020.
Exhibit P6 TRUE COPY OF IDENTITY CARD ISSUED BY
ASSISTANT LABOUR OFFICER, PERUMBAVOOR,
TO RAKIBUL S.K., UNDER REGISTRATION
NO.07/07/203/2020.
Exhibit P7 TRUE COPY OF IDENTITY CARD ISSUED BY
ASSISTANT LABOUR OFFICER, PERUMBAVOOR,
TO SAHIN BISWAS UNDER REGISTRATION
NO.07/07/202/2020.
Exhibit P8 TRUE COPY OF REPRESENTATION DATED
16/07/2021 SUBMITTED BY PETITIONER TO
1ST RESPONDENT.
WPC 15192/21
Exhibit P9 TRUE COPY OF ACKNOWLEDGMENT DATED
16/07/2021 ISSUED BY 1ST RESPONDENT TO
PETITIONER.
Exhibit P10 TRUE COPY OF REGISTER OF EMPLOYMENT AND
WAGES FOR THE PERIOD FROM 7.12.2020 TO
31.7.2021 MAINTAINED BY PETITIONER AT
HIS KIZHAKKAMBALAM BRANCH
TRUE COPY OF FIRST INFORMATION REPORT
Exhibit P11 DATED 25/09/2021 FILED BY THE
THADIYATTAPARAMBA POLICE IN CRIME
NO.804 OF 2021 THADIYATTAPARAMBA POLICE
STATION, BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE COURT, KAKKANAD.
RESPONDENT EXHIBITS
Exhibit R3(a) A TRUE COPY OF THE 26 A CARD
APPLICATION FILED BEFORE THE
REGISTERING AUTHORITY DATED 15.02.2020
OF THE WORKER REFERRED IN EXT.P3.
Exhibit R3(b) A TRUE COPY OF THE 26 A CARD
APPLICATION FILED BEFORE THE
REGISTERING AUTHORITY DATED 07.02.2020
OF THE WORKER REFERRED IN EXT.P4.
Exhibit R3(c) A TRUE COPY OF THE 26 A CARD
APPLICATION FILED BEFORE THE
REGISTERING AUTHORITY DATED 15.02.2020
OF THE WORKER REFERRED IN EXT.P5
Exhibit R 3(d) A TRUE COPY OF THE 26 A CARD
APPLICATION FILED BEFORE THE
REGISTERING AUTHORITY DATED 15.02.2020
OF THE WORKER REFERRED IN EXT.P6.
Exhibit R3(e) A TRUE COPY OF THE 26 A CARD
APPLICATION FILED BEFORE THE
REGISTERING AUTHORITY DATED 15.02.2020
OF THE WORKER REFERRED IN EXT.P7.
Exhibit R3(f) A TRUE COPY OF THE REQUEST SUBMITTED BY
MR.BOBY THOMAS BEFORE THE REGISTERING
WPC 15192/21
AUTHORITY DATED 15.02.2020.
Exhibit R3(g) A TRUE COPY OF THE CST REGISTRATION
CERTIFICATE OF THE ESTABLISHMENT 'HOME
CENTRE' OBTAINED UNDER RTI ACT FROM THE
OFFICE OF THE 1ST RESPONDENT.
Exhibit R3(h) A TRUE COPY OF THE STATEMENT RECORDED
BY THE REGISTERING AUTHORITY FROM MR.
BOBY THOMAS, IN THE PROCEEDINGS UNDER
RUILE 26A.
Exhibit R3(I) TRUE COPY OF THE D AND O LICENCE ISSUED
BY THE KIZHAKKAMBALAM PANCHAYAT
OBTAINED UNDER THE RTI ACT FROM THE
OFFICE OF THE ASSISTANT LABOUR OFFICER
DATED 24.9.2020
Exhibit R3(j) A TRUE COPY OF THE PROCEEDINGS OF THE
REGISTERING AUTHORITY ORDER NO.HLW
185/02/2020 TO 190/02/2020 DATED
21.12.2020
Exhibit R3(k) A TRUE COPY OF THE RECEIPT NO.100070
SHOWING THE REMITTANCE OF AMOUNT TO THE
BOARD DATED 1.12.2020
Exhibit R3(l) A TRUE COPY OF THE RECEIPT NO.100074
SHOWING THE REMITTANCE OF AMOUNT TO THE
BOARD DATED 15.12.2020
Exhibit R3(m) A TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO.12488/2020 DATED 24.7.2020
