Kerala High Court
Balakrishnan M vs State Of Kerala on 20 October, 2021
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. 18957 OF 2021
PETITIONER:
BALAKRISHNAN M.,
AGED 58 YEARS
S/O. P.B. PANICKER, RESIDING AT 'MALABAR' DOOR NO. 49/2142A,
MENON, PARAMBU ROAD, EDAPPALLY, P.O. KOCHI 682 024.
BY ADV B.RAMACHANDRAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY, DEPARTMENT OF HOME, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM 695 001.
2 STATION HOUSE OFFICER,
BINAMIPURAM POLICE STATION, BINAMIPURAM, ERNAKULAM 693 502.
3 THE COMMISSIONER OF POLICE,
KOCHI 682 011.
4 DISTRICT POLICE CHIEF,
KOCHI 682 031.
5 THE CHIEF EXECUTIVE OFFICER,
KERALA HEAD LOAD WORKERS WELFARE BOARD, PB NO. 2017, SRM ROAD,
KOCHI 682 018.
6 THE SECRETARY,
LOADING AND UNLOADING WORKERS UNION,
AITUC, REG. NO. 0731/19, ALUVA LOCAL COMMITTEE,
EDAYAR, ERNAKULAM 683 502.
7 THE SECRETARY,
LOADING AND UNLOADING WORKERS UNION,
AITUC, REG. NO. 358/74, ALUVA LOCAL COMMITTEE,
EDAYAR, ERNAKULAM 683 502.
8 THE SECRETARY,
LOADING AND UNLOADING WORKERS UNION,
BMS, REG. NO. 446/82, ALUVA LOCAL COMMITTEE,
EDAYAR, ERNAKULAM 683 502.
WP(C) NOs. 18957 & 20072 OF 2021
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9 THE SECRETARY,
LOADING AND UNLOADING WORKERS UNION,
INTUC, REG. NO. 301/76, ALUVA LOCAL COMMITTEE,
EDAYAR, ERNAKULAM 683 502.
BY ADV SRI.S.KRISHNA MOORTHY, SC
OTHER PRESENT:
SRI.E C.BINEESH - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.10.2021,
ALONG WITH WP(C).20072/2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NOs. 18957 & 20072 OF 2021
3
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. 20072 OF 2021
PETITIONER:
BALAKRISHNAN M
AGED 58 YEARS
S/O.P.B.PANICKER, RESIDING AT 'MALABAR', DOOR NO.49/2142A,
MENON PARAMBU ROAD, EDAPPALLY P.O., KOCHI-682024.
BY ADV B.RAMACHANDRAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, DEPARTMENT OF HOME AFFAIRS,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 STATION HOUSE OFFICER
ELOOR POLICE STATION, ELOOR, ERNAKULAM-693501.
3 THE SECRETARY
UDYOG MANDAL HEAD LOAD WORKERS UNION, INTUC, REG.NO.303/76,
KALAMASSERY SUB COMMITTEE, PATHALAM UNIT, ELOOR, ERNAKULAM
DISTRICT-683501.
4 THE CHIEF EXECUTIVE OFFICER
KERALA HEAD LOAD WORKERS WELFARE BOARD, PB.NO.2017, SRM ROAD,
KOCHI-682018.
5 THE COMMISSIONER OR POLICE,
KOCHI-682011.
WP(C) NOs. 18957 & 20072 OF 2021
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6 DISTRICT POLICE CHIEF
KOCHI-682031.
BY ADV SRI.S.KRISHNA MOORTHY, SC
SRI.E.C.BINEESH-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.10.2021,
ALONG WITH WP(C).18957/2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NOs. 18957 & 20072 OF 2021
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JUDGMENT
The petitioner in these two cases are the same and has filed
separate writ petitions because, the issues - though common ,relate to
two different establishments being run by him.
2. The petitioner says that both his establishments deal with
steel and cement articles and is also an agency for such materials. He
says that he has permanent skilled workers on his payroll, who alone is
equipped to handle the loading and unloading of these articles, but
that the party respondents and their men are refusing to allow them to
do so, illegally claiming gawking charges ('നനനോക്കുകൂലല'). The petitioner
says that he, therefore, preferred complaints before the Station House
Officers of the jurisdictional Police Stations; but that since no action
was taken thereon, he has been constrained to approach this Court
through these writ petitions.
3. I have heard Sri.B.Ramachandran, learned counsel for the
petitioner in both cases; Sri.Krishnamoorthy, learned Standing
Counsel appearing for the Kerala Head Load Workers Welfare Board
and Sri.E.C.Bineesh, learned Government Pleader appearing for the
official respondents.
4. Sri.Krishnamoorthy, learned Standing Counsel for the
WP(C) NOs. 18957 & 20072 OF 2021
Board, submitted that the areas where the petitioner's establishments
are located are, admittedly, covered by a Scheme under the Kerala
Headload Workers Act (hereinafter referred to as 'the Ac' for short);
and therefore, that only the members of the "Pool" maintained under
the said Act can be requisitioned by him for the purpose of loading and
unloading of the articles. He added that this is more so because the
petitioner, concededly, does not have any statutorily registered
workers on his payroll and further pointed out that the petitioner has
approached this Court with a speculative cause of action, as is evident
from the complaints made by him before the Police, because he only
alleges that he apprehends obstruction from the headload workers of
the area. The learned Standing Counsel then submitted that if the
petitioner approaches the Board for sufficient number of workers to be
allotted to him, the same will be done; and vehemently alleged that all
his apprehensions shown in these writ petitions are without basis and
is intended for confutative reasons. He therefore, prayed that this writ
petition be dismissed.
5. Sri.E.C.Bineesh, learned Government Pleader, also adopted
the submissions of Sri.Krishnamoorthy, asserting that there have been
no violations of law and order in the area where the petitioner's
businesses are being run and that the Police have ensured that it is so
WP(C) NOs. 18957 & 20072 OF 2021
maintained without breach from any person.
6. When I evaluate the afore submissions, it is beyond contest
that the area where the petitioner's businesses are being run are
covered by a Scheme under the Act. Obviously, therefore, unless the
petitioner's workers are statutorily registered under Section 26A
thereof, he is obligated to requisition the jurisdictional Board for head
load workers who will then allot sufficient number, so as to handle the
loading and unloading activities in his establishments. Pertinently, the
petitioner does not have a case that he has made any such requisition
to the Board nor does he say that any of the party respondents have
caused him any obstruction, but only that he apprehends such in
future.
In the afore circumstances, I cannot allow the reliefs sought for
in this writ petition in the manner as they have been framed because,
as I have already said above, as long as the petitioner's employees are
not statutorily registered, he cannot insist that they alone be allowed
to do the loading and unloading activities in his establishments.
In summation, I dispose of these writ petitions, leaving liberty to
the petitioner to approach the jurisdictional Head Load Workers
Welfare Board, whenever he requires headload workers for the
purpose of carrying on the loading and unloading activities in his
WP(C) NOs. 18957 & 20072 OF 2021
businesses; however, leaving him and his employees full liberty to
approach the competent Authority for obtaining statutory registration
under Section 26A of the Act.
Needless to say, in the event the petitioner's employees obtain
such registration, then the jurisdictional Station House Officers will
ensure that such employees are granted adequate and effective
protection to carry on the loading and unloading activities, without any
let or interference from any of the party respondents or their men or
associates.
To paraphrase, until such time as the petitioner or his employees
are able to obtain statutory registration under Section 26A of the Act,
the Police will ensure that there are no law and order violations in the
area where the establishments are situated, as long as the petitioner
requisitions the competent Headload Workers Welfare Board for
allotment of sufficient number of personnel for the loading and
unloading activities in his establishments.
These writ petitions are thus ordered.
SD/-
DEVAN RAMACHANDRAN
JUDGE
rp
WP(C) NOs. 18957 & 20072 OF 2021
APPENDIX OF WP(C) 20072/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF RECEIPT DATED 16.08.2021 FOR PAYMENT
OF LAND TAX BY THE PETITIONER.
Exhibit P2 TRUE COPY OF COMPLAINT DATED 05.08.2021 SUBMITTED
BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P3 TRUE COPY OF RECEIPT DATED 06.08.2021 ISSUED FROM
ELOOR POLICE STATION.
WP(C) NOs. 18957 & 20072 OF 2021
APPENDIX OF WP(C) 18957/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF INDUSTRY SALE AGREEMENT DATED
23.06.2020.
Exhibit P2 TRUE COPY OF COMPLAINT DATED 03.08.2021 SUBMITTED
BEFORE THE 2ND RESPONDENT.
Exhibit P3 TRUE COPY OF RECEIPT DATED 03.08.2021 ISSUED FROM
BINAMIPURAM POLICE STATION.
