Kerala High Court
Baiju A vs Deputy Labour Commissioner 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. 5171 OF 2021
PETITIONERS:
1 BAIJU A.,
AGED 41 YEARS,
S/O.APPU NADAR,
POOL LEADER, POOL NO.PT.A 4202,
KIZHAKUMKKARA VEEDU, PANNIYODU,
POTHENCODE P.O., 695 584.
2 SUBHASH G.
AGED 33 YEARS
S/O.SOMAN NAIR,
POOL LEADER, POOL NO.PT.B 4202,
MADATHIKULANGARA, PLAMODU,
POTHENCODE P.O., 695 584.
BY ADVS.
C.S.AJITH PRAKASH
SHRI.T.K.DEVARAJAN
SRI.PAUL C THOMAS
SHRI.BABU M.
SHRI.NIDHIN RAJ VETTIKKADAN
SRI.HAARIS MOOSA
SMT.DEVYANI
SMT.NIKHITA ANN REBELLO
SHRI.ADESH JOSHI
RESPONDENTS:
1 DEPUTY LABOUR COMMISSIONER,
OFFICE OF THE DEPUTY LABOUR COMMISSIONER,
CIVIL STATION, KOLLAM - 691 013.
2 THE DISTRICT LABOUR OFFICER,
THIRUVANANTHAPURAM,
OFFICE OF THE DISTRICT LABOUR OFFICER,
THOZHIL BHAVAN, VIKAS BHAWAN,
THIRUVANANTHAPURAM 695 033
3 THE CHAIRMAN
KERALA HEADLOAD WORKERS WELFARE BOARD,
THIRUVANANTHAPURAM DISTRICT COMMITTEE,
KAUSTHUBAM COMPLEX, CHENTHITTA,
THIRUVANANTHAPURAM 695 036.
4 THE CONVENOR
KERALA HEADLOAD WORKERS WELFARE BOARD,
VENJARAMMUDU SUB OFFICE, 2ND FLOOR,
MANIKKAL MALL, MARKET ROAD,
THIRUVANANTHAPURAM 695 607
W.P(C)No.5171 of 2021
2
5 DEPUTY SUPERINTENDENT OF POLICE
OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
ATTINGAL, THIRUVANANTHAPURAM 695 101
6 STATION HOUSE OFFICER (SHO)
POTHENCODE POLICE STATION,
POTHENCODE P.O.,
THIRUVANANTHAPURAM-695 584
7 ASHOKAN.B.,
S/O BHARGAVAN PILLAI,
MADATHIL KULANGARA VEEDU,
PLAMODU, POTHENCODE P.O.,
PIN-695 584
8 MADHUSOODANAN NAIR,
S/O. KRISHNA PILLAI,
MAIPARAMBIL VEEDU,PLAMODU,
POTHENCODE P.O., PIN-695 584
9 SREENIVASAN.K.,
S/O. KARUNAKARAN NAIR,
MADATHIL KULANGARA VEEDU,
PLAMODU, POTHENCODE P.O, PIN-695 584
10 SIVAPRASAD .S.,
S/O. SREEKANDAN NAIR,
MADATHIL KULANGARA VEEDU,
PLAMODU, POTHENCODE P.O,
PIN-695 584
BY ADVS.
SHRI.THOMAS ABRAHAM
SMT.A.SALIN LAL
SRI.R.SUNIL KUMAR
SRI.S.KRISHNA MOORTHY - SC
OTHER PRESENT:
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:
W.P(C)No.5171 of 2021
3
JUDGMENT
Dated this the 06th day of October, 2021
The petitioners are stated to be registered Head
Load Workers of Pool No. PT - A 4202 and PT - B 4202 of
Pothencode Pool, under the mandate of a Scheme under the
Head Load Workers Act.
2. The petitioners say that there are disputes
between them and respondents 7 to 10 with respect to the
right to conduct loading and unloading activities in the area
assigned to each of them and that this has degenerated into
a situation where they were attacked by the said
respondents. They say that they, therefore, approached the
Police Authorities seeking protection, but that no action was
taken thereon, thus constraining them to have approached
this Court.
3. Sri.Sunil Kumar - learned counsel appearing for
respondents 7 to 10, submitted that the afore allegations of
W.P(C)No.5171 of 2021
the petitioners are not correct, because his clients are only
working within the area allotted to them; and they asserted
that his clients are also registered Head Load Workers under
the provisions of the Head Load workers Act.
4. The learned Government Pleader -
Sri.E.C.Bineesh, submitted that on account of the disputes
between the rival parties, the District Labour Officer has now
issued Ext.P5 order demarcating the areas where each of
them are to be engaged for the purpose of loading and
unloading work; and thus prayed that the rival parties be
directed not to violate the same in any manner whatsoever.
5. In reply, Sri.Sunil Kumar, admitted that an appeal
had been preferred against Ext.P5, which has now
culminated in Ext.R8(D) order of the Deputy Labour
Commissioner, Kollam affirming it. He, however, argued
that Ext.R8(D) and Ext.P5 do not fix the boundaries of the
areas with clarity; and, therefore, that the rival parties are
still in a confusion as to where they should be engaged, to
W.P(C)No.5171 of 2021
the exclusion of the other.
6. Even when I hear Sri.Sunil Kumar as afore, the fact
remains that the competent Authorities have now issued
valid orders and if, any of the parties have any objection to
the same, they cannot take law into their own hands or
attack each other, but will have to invoke their appropriate
remedies, as are available to them under the statutory
scheme. Axiomatically, if the party respondents have a case
that Ext.P5 and Ext.R8(D) orders do not delimit the
respective areas with clarity, then they must certainly
approach the said Authorities again for such purpose, but
cannot unleash terror or violence on the rival parties for
such reason.
7. In the afore circumstances, I allow this writ
petition and direct respondents 5 and 6 to ensure that the
petitioners and respondents 7 to 10 do not cause any harm to
each other; that they do not attack or threaten or intimidate
one another and that they are confined to the respective
areas, for loading and unloading work, as per Ext.P5 and
W.P(C)No.5171 of 2021
Ext.R8(D) orders. The Police Authorities will also ensure
that there are no law and order issues in the area in
question, on account of the rival disputes between the
parties and that none of them are allowed to breach peace in
any manner whatsoever.
Needless to say, I leave liberty to the party
respondents to approach a competent Authority for any
clarification on Ext.P5 and Ext.R8(D), so that their claims can
be considered by the said Authority in terms of law; but, that
they shall not take law into their own hands or commit any
illegal action or violence or breach of law against the
petitioners.
That being said, it is further ordered that the afore
directions to maintain peace shall also apply with equal force
to the petitioners and even if there should be any conduct on
the part of the party respondents to their dislike, they will
not use force against it, but, will be entitled to approach the
Police or the competent Authority for ventilation of their
grievances.
W.P(C)No.5171 of 2021
I am persuaded to allow this writ petition also for
the reason that the Deputy Labour Officer and Chairman of
the Venjaramoodu Sub Office of the 'Board' have already
issued Exts.P6 and P18 requisition to the Police to afford
protection to the petitioners.
This writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
NR/06/10/2021
W.P(C)No.5171 of 2021
APPENDIX
PETITIONERS' EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE IDENTITY CARD ISSUED TO ONE
MR.SANDEEP S.R.DATED 18.01.2018
EXHIBIT P2 A TRUE COPY OF THE 6A CARD ISSUED TO THE 1ST
PETITIONER BY THE HEADLOAD WORKERS WELFARE BOARD
DATED 1.2.11
EXHIBIT P3 A TRUE COPY OF THE 6A CARD ISSUED TO THE 2ND
PETITIONER BY THE HEADLOAD WORKERS WELFARE BOARD
DATED 1.3.19
EXHIBIT P4 A TRUE COPY OF THE LETTER NO.G53/11-12 DATED
11.05.2013
EXHIBIT P5 A TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT
LABOUR OFFICER G (2) 1375/2013 DATED 29.04.2013
EXHIBIT P6 A TRUE COPY OF THE LETTER ISSUED BY THE DISTRICT
LABOUR OFFICER TO THE SUB INSPECTOR OF POLICE
DATED 01.02.2021
EXHIBIT P7 A TRUE COPY OF THE NOTICE ISSUED BY THE DISTRICT
LABOUR OFFICER DATED 02.02.2021
EXHIBIT P8 A TRUE COPY OF THE PETITION FOR POLICE PROTECTION
SUBMITTED BEFORE THE SHO OF POTHENCODE POLICE
STATION DATED 10.02.2021
EXHIBIT P9 A TRUE COPY OF THE RECEIPT ISSUED FROM THE
POTHENCODE POLICE STATION DATED 10.02.2021
EXHIBIT P10 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE 1ST PETITIONER BEFORE THE CONVENER OF THE
VENJARAMOOD SUB OFFICE OF THE BOARD DATED
9.2.2021
EXHIBIT P11 A TRUE COPY OF THE LIST OF PERSONS CLAIMING
RELIEF DT NIL
EXHIBIT P12 A TRUE COPY OF THE O.P TICKET ISSUED TO
MR.LATHISHKUMAR BY THE KANYAKULANGARA SOCIAL
HEALTH CENTRE DATED 31/1/2021
EXHIBIT P13 A TRUE PHOTOGRAPH OF THE TRUE EVENT HAPPENED,
WHILE UNLOADING THE BUILDING MATERIALS
W.P(C)No.5171 of 2021
EXHIBIT P14 A TRUE COPY OF THE ADDITIONAL COMPLAINT SUBMITTED
BY THE PRESENT POOL LEADER BEFORE THE STATION
HOUSE OFFICER, POTHENCODE DATED 27/3/2021
EXHIBIT P15 A TRUE COPY OF THE RECEIPT DATED 28/3/2021
EXHIBIT P16 A TRUE COPY OF THE COMMUNICATION NO.G(2)12303/19
DATED 23/3/2021 ISSUED TO THE CONVENOR OF INTUC
UNIT, POTHENCODE
EXHBIT P17 A TRUE COPY OF THE FIR NO.163/2021 DATED
31.01.2021
EXHIBIT P18 A TRUE COPY OF THE LETTER NO.E1-219/19-20 DATED
08.04.2021, IS ISSUED BY THE CHAIRMAN OF THE
VENJARAMOODU SUB OFFICE OF THE 'BOARD' TO THE SUB
INSPECTOR OF POLICE, POTHENCODE
RESPONDENTS' EXHIBITS
EXHIBIT R8(A) TRUE COPY OF THE IDENTITY CARD ISSUED TO 8TH
RESPONDENT
EXHIBIT R8(B) TRUE COPY OF THE IDENTITY CARD ISSUED TO
SURENDRAN NAIR
EXHIBIT R8(C) TRUE COPY OF THE IDENTITY CARD ISSUED TO 7TH
RESPONDENT
EXHIBIT R8(D) TRUE COPY OF THE PROCEEDINGS BEFORE DEPUTY LABOUR
COMMISSIONER KOLLAM
EXHIBIT R8(E) TRUE COPY OF THE FIR IN CRIME NO.394/2021 OF
POTHENCODE POLICE STATION
