Francis M.P vs The City Police Commissioner
2021 Latest Caselaw 21058 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
                       WP(C) NO. 14186 OF 2021
PETITIONER:

          FRANCIS M.P
          AGED 57 YEARS
          S/O PORINCHU, PROPRIETOR AMALA TRADERS, KURIACHIRA,
          THRISSUR, RESIDING AT MANJALY HOUSE, CHITTILAPPALLI
          STREET, KURIACHIRA P.O.THRISSUR DISTRICT - 680 026.

          BY ADVS.
          T.K.VIPINDAS
          K.M.MUHAMMED HUSSAIN(K/147/2011)-18102
          K.V.SREE VINAYAKAN
          COLIN ALEX



RESPONDENTS:

    1     THE CITY POLICE COMMISSIONER,
          THRISSUR CITY, OFFICE OF THE COMMISSIONER OF POLICE ,
          THRISSUR-680 001.

    2     THE STATION HOUSE OFFICER
          NEDUPUZHA POLICE STATION, THRISSUR DISTRICT-680 007.

    3     THE ASSISTANT LABOUR OFFICER THRISSUR (1ST CIRCLE)
          CHEMBUKAVU, THRISSUR-680 020

    4     THE KERALA HEADLOAD WORKERS WELFARE BOARD
          KOORKENCHERY SUB OFFICE, 3RD FLOOR ABHCON AXIS
          BUILDING, KURACHIRA P.O.,THRISSUR-680 026, REPRESENTED
          BY ITS CHAIRMAN

    5     THE HEAD LOAD WORKERS UNION (CITU),
          KURIACHIRA UNIT, REPRESENTED BY ITS SECRETARY,
          KURIACHIRA THRISSUR DISTRICT-680 026.

    6     THE HEAD LOAD WORKERS UNION (AITUC),
          KURIACHIRA UNIT, REPRESENTED BY ITS SECRETARY,
          KURIACHIRA, THRISSUR DISTRICT-680 026.
 WP(C) NO. 14186 OF 2021
                                 2

    7     THE HEAD LOAD WORKERS UNION (BMS)
          KURIACHIRA UNIT, REPRESENTED BY ITS CONVENOR,
          KURIACHIRA, THRISSUR DISTRICT-680026.

          BY ADVS.
          SRI.S.KRISHNA MOORTHY, SC, KHWWB
          V.P.PRASAD


          SRI.E C.BINEESH - GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14186 OF 2021
                                    3

                              JUDGMENT

The petitioner is stated to be running a business

establishment, engaged in the sale of cement and other

construction materials, under the name "Amala Traders"; and

asserts that he has statutorily registered permanent employees, as

are evident from Ext.P3 series Identity Cards. The petitioner says

that inspite of this, respondents 5 to 7 and their men are causing

continuous obstruction to the activities in his establishment and

therefore, that he was forced to approach the 2 nd respondent -

Station House Officer, through Ext.P5, seeking protection; but

alleges that no action was taken thereon thus constraining him to

move this Court through this writ petition.

2. The learned Standing Counsel for the 4th respondent -

Kerala Headload Workers Welfare Board - Sri.S.Krishna

Moorthy, affirmed that the area, where the petitioner is carrying

on his business, is one covered by a Scheme under the Kerala

Headload Workers Act; and further that Ext.P3 series had been WP(C) NO. 14186 OF 2021

validly issued by the competent Authority namely, the 3rd

respondent.

3. Sri.V.P.Prasad - learned counsel appearing for

respondents 5 to 7 - Unions, submitted that it is true that Ext. P3

series have been issued by the 3rd respondent - Assistant Labour

Officer, but that his clients have already challenged the same,

invoking their remedies sanctioned under the Kerala Headload

Workers Act. He, therefore, prayed that this writ petition be

dismissed.

4. When I hear Sri.V.P.Prasad as afore, it is limpid that

the employees of the petitioner are statutorily registered, as

manifest from Ext.P3 and that this registration has been sought to

be challenged by respondents 5 to 7, invoking their statutory

remedies. However, as long as Ext.P3 series of registrations

continue to be in force, no one, including the members and

persons associated to respondents 5 to 7 - Unions, can obstruct

the petitioner or his workers enjoying such registration, on the WP(C) NO. 14186 OF 2021

ground that they alone have the right to carry on the loading and

unloading activities in the establishment.

In the afore circumstances, I allow this writ petition and

direct the 2nd respondent - Station House Officer, to ensure that

the petitioner and his employees - who are covered by Ext.P3

series registrations - are granted adequate and effective

protection, while carrying on their activities of loading and

unloading in the establishment of the former, without any let or

interference from respondents 5 to 7 or their men, members or

associates.

The 2nd respondent will also ensure that law and order is

continuously maintained in the area where the petitioner is

carrying on his business, without any breach of peace being

allowed by any person, including the party respondents.

It also goes without saying that nothing contained in this

judgment will hamper or fetter any remedy or right available to

respondents 5 to 7 to statutorily challenge Ext.P3 series WP(C) NO. 14186 OF 2021

registrations and pursue it as per law; but that, as long as the said

registrations are in force, said respondents or their men or

members will not and cannot obstruct the employees of the

petitioner covered by the same.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS/20/10/2021 WP(C) NO. 14186 OF 2021

APPENDIX OF WP(C) 14186/2021

PETITIONERS' EXHIBITS

TRUE COPY OF THE GOODS AND SERVICE TAX Exhibit P1 REGISTRATION CERTIFICATE OF THE PETITIONER DATED 1.07.2017

Exhibit P2 THE TRUE COPY OF THE TRADE LICENSE FOR THE PERIOD OF 2020-21 ISSUED BY THE THRISSUR CORPORATION

Exhibit P2(A) THE TRUE COPY OF THE RECEIPT OF LICENSE FEE FOR THE PERIOD OF 2020-21 ISSUED BY THE THRISSUR CORPORATION DATED 8.4.2021

Exhibit P3 TRUE COPY OF THE IDENTITY CARD ISSUED TO SOPEN EKKA, WHO IS THE REGISTERED HEADLOAD WORKER OF THE PETITIONER, UNDER RULE 26(A) OF THE KERALA HEADLOAD WORKERS RULES 1981.

Exhibit P3(a) TRUE COPY OF THE IDENTITY CARD ISSUED TO ARCHN EKKA, WHO IS THE REGISTERED HEADLOAD WORKER OF THE PETITIONER, UNDER RULE 26(A) OF THE KERALA HEADLOAD WORKERS RULES 1981.

Exhibit P3(b) TRUE COPY OF THE IDENTITY CARD ISSUED TO ANIL TOPPO, WHO IS THE REGISTERED HEADLOAD WORKER OF THE PETITIONER, UNDER RULE 26(A) OF THE KERALA HEADLOAD WORKERS RULES 1981.

Exhibit P3(c) TRUE COPY OF THE IDENTITY CARD ISSUED TO MILAN FRANCIS, WHO IS THE REGISTERED HEADLOAD WORKER OF THE PETITIONER, UNDER RULE 26(A) OF THE KERALA HEADLOAD WORKERS RULES 1981.

Exhibit P4 TRUE COPY OF THE IMAGES CAPTURED FROM THE CCTV FOOTAGE SHOWING THE MEN OF RESPONDENTS 5 TO 7 CROWDED AND OBSTRUCTED THE FUNCTIONING OF THE PETITIONERS SHOP

Exhibit P5 TRUE COPY OF THE COMPLAINT DATED 11.7.2021 SUBMITTED BEFORE THE 2ND RESPONDENT ALONG WP(C) NO. 14186 OF 2021

WITH ACKNOWLEDGMENT RECEIPT

Exhibit P6 THE TRUE COPY OF THE COMPLAINT DATED 12.7.2021 SUBMITTED BEFORE THE 2ND RESPONDENT ALONG WITH ACKNOWLEDGEMENT RECEIPT

Exhibit P7 THE TRUE COPY OF THE COMPLAINT DATED 12.7.2021 SUBMITTED BEFORE THE 3RD RESPONDENT

Exhibit P8 TRUE COPY OF THE NOTICE DATED 03.03.2021 ISSUED BY THE 3RD RESPONDENT.

Exhibit P9 THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P(C) 8645/2021 DATED 20.04.2021.

Exhibit P10 THE TRUE COPY OF THE MUSTER ROLL FOR THE MONTH OF JULY, 2021 MAINTAINED BY THE PETITIONER.

Exhibit P11 THE TRUE COPY OF THE MUSTER ROLL FOR THE MONTH OF AUGUST 2021 UPTO 21-08-2021 MAINTAINED BY THE PETITIONER.

Exhibit P12 THE TRUE COPY OF THE WAGE REGISTER AS PER RULE 27(1) OF KERALA HEAD LOAD WORKERS RULES, 1981 BETWEEN 5-07-2021 TO 10-07- 2021 MAINTAINED BY THE PETITIONER.

Exhibit P12(a) THE TRUE COPY OF THE WAGE REGISTER AS PER RULE 27(1) OF KERALA HEAD LOAD WORKERS RULES, 1981 BETWEEN 12-07-2021 TO 17-07- 2021 MAINTAINED BY THE PETITIONER.

Exhibit P12(b) THE TRUE COPY OF THE WAGE REGISTER AS PER RULE 27(1) OF KERALA HEAD LOAD WORKERS RULES 1981, BETWEEN 19-07-2021 TO 24-07- 2021 MAINTAINED BY THE PETITIONER.

Exhibit P12(C) THE TRUE COPY OF THE WAGE REGISTER AS PER RULE 27(1) OF KERALA HEAD LOAD WORKERS RULES, 1981 BETWEEN 26-07-2021 TO 31-07- WP(C) NO. 14186 OF 2021

2021 MAINTAINED BY THE PETITIONER.

Exhibit P13 THE TRUE COPY OF THE WAGE REGISTER OF WORKERS OF THE PETITIONER AS PER RULE 27(2) OF KERALA HEAD LOAD WORKERS RULES, 1981 FOR THE MONTH OF JULY,2021 MAINTAINED BY THE PETITIONER.

Exhibit P14 THE TRUE COPY OF THE INSPECTION NOTE ISSUED BY THE 3RD RESPONDENT DATED 17.8.2021

Exhibit P15 THE TRUE COPY OF THE INSURANCE POLICY ISSUED BY THE IFFCO-TOKYO GENERAL INSURANCE COMPANY LTD.

Exhibit P16 THE TRUE COPY OF THE WAGE REGISTER OF WORKERS OF THE PETITIONER AS PER RULE 27(2) OF KERALA HEAD LOAD WORKERS RULES, 1981 FOR THE MONTH OF JULY, 2021 MAINTAINED BY THE PETITIONER.

RESPONDENTS' EXHIBITS:-

Exhibit R5A TRUE COPY OF PROCEEDINGS OF 3RD RESPONDENT DATED 23.06.2021

Exhibit R5B APPEAL DATED 09.08.2021 FILED BY 5TH RESPONDENT