Walayar Steels Pvt. Ltd vs The District Police Chief ...
2021 Latest Caselaw 20307 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943
                          WP(C) NO. 8569 OF 2020
PETITIONER:

              WALAYAR STEELS PVT. LTD., REPRESENTED BY ITS DIRECTOR
              MRS.NASEEMA ABDULLA KOYA, HAVING ITS PLACE OF BUSINESS
              AT DEVELOPMENT PLOT, ANANTHAPURAM, KASARAGOD-671 321.

              BY ADVS.
              R.SATISH KUMAR
              SRI.B.SAINU


RESPONDENTS:

     1        THE DISTRICT POLICE CHIEF (SUPERINTENDENT OF POLICE)
              OFFICE OF THE DISTRICT POLICE CHIEF, R.D NAGAR
              P.O.KASARGOD-671 124.

     2        THE STATION HOUSE OFFICER,
              KUMBALA POLICE STATION, KASARGOD-671 321.

     3        BHARATIYA MAZDOOR SANGH (BMS)
              REPRESENTED BY ITS SECRETARY, SREERAMAVADI,
              BANK ROAD, KASARGOD DISGTRICT-671 321.

     4        THE SECRETARY, BHARATHIYA MAZDOOR SANGH (BMS)
              ANANDAPURAM UNIT, NEAR ANANDAPURAM TEMPLE,
              KASARGOD-671 321.

     5        KERALA HEADLOAD WORKERS WELFARE BOARD,
              REPRESENTED BY ITS CHIEF EXECUTIVE,
              OFFICE OF THE KERALA HEADLOAD WORKERS WELFARE BOARD,
              S.R.M ROAD, ERNAKULAM NORTH, KALOOR, ERNAKULAM-682 018.

              BY ADVS
              SRI.THOMAS ABRAHAM, SC, KHWWB

              SRI E C BINEESH - GP
 WPC 8569/20
                                       2

      THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON   30.09.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WPC 8569/20
                                     3



                           JUDGMENT

The petitioner, which is a Company registered

under the provisions of the Companies Act, 1956,

is stated to be engaged in the manufacturing of

TMT iron steel rods and allied products in the

Industrial Estate, Kasaragode. They say that most

of their loading and unloading activities can be

done only through mechanised processes and that

what is left are being handled by their permanent

employees, who have already applied for statutory

registration, under the provisions of Rule 26A of

the Kerala Headload Workers Rules (hereinafter

referred to as 'the Rules' for short), before the

competent Assistant Labour Officer (ALO).

2. The petitioner says that, in spite of

this, respondents 3 and 4 and their men are

constantly causing obstruction to their

activities, claiming exclusive right to handle the WPC 8569/20

loading and unloading activities; and that,

therefore, they were constrained to approach the

1st respondent through Ext.P2 request, but no

action was taken thereon; thus being forced to

approach this Court through this Writ Petition.

3. Sri.Thomas Abraham - learned Standing

Counsel for the 5th respondent - Board, submitted

that the area in question is covered by a Scheme

under the Kerala Headload Workers Act and that the

Establishment of the petitioner comes within its

ambit. He, however, submitted that, as far as the

mechanised processes of loading and unloading

activities are concerned, the headload workers in

the Pool cannot claim right; but that with respect

to such activities which are not done through

mechanised processes, they certainly will have to

be employed by the petitioner.

4. In reply, Sri.R.Sathish Kumar - learned

counsel for the petitioner, submitted that three

of the permanent employees of his client have WPC 8569/20

already approached the jurisdictional ALO for

registration and therefore, prayed that Police

Authorities be directed to afford them protection,

while they engage in the loading and unloading

activities.

5. Sri.E.C.Bineesh - learned Government

Pleader appearing for the official respondents,

submitted that the directions in the interim order

granted by this Court on 18.03.2020 have been

complied with and law and order maintained without

any breach ever since.

6. When I consider the afore submissions, I

notice that the afore interim order was issued at

the time when this Court was under the impression

that the area where the petitioner is conducting

their business is not covered by a Scheme under

the Headload Workers Act. However, it is now

conceded that it is so.

In the afore circumstances, I allow this Writ

Petition and direct the 2nd respondent - Station WPC 8569/20

House Officer to ensure that adequate and

effective protection is afforded to the petitioner

for their loading and unloading activities through

mechanised processes; but as regards the same,

which is to be done through human effort, they

will be obligated to seek personnel from the 5th

respondent-Board, who shall provide it available

in terms of the Act.

I am persuaded to the afore course because,

notwithstanding the fact that the employees of the

petitioner have applied for registration, unless

they obtain it, it will not be permissible for

this Court to allow them to avoid requisition from

the 5th respondent, since the area in question is a

Scheme covered one.

I, however, make it clear that, as and when

the employees of the petitioner are able to obtain

statutory registration under Rule 26A of the Act,

they will be afforded protection to undertake the

loading and unloading activities without any let WPC 8569/20

or interruption from any person, including

respondents 3 and 4 and their men.

Sd/-

RR                                DEVAN RAMACHANDRAN
                                       JUDGE
 WPC 8569/20


                 APPENDIX OF WP(C) 8569/2020

PETITIONER EXHIBITS

EXHIBIT P1           TRUE COPY OF THE JUDGMENT DATED

28.3.2019 IN WPC NO 3597/2019 OF THIS HON'BE COURT

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 11.2.2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

RESPONDENTS' EXTS:

ANNEXURE R5(A) THE TRUE COPY OF THE GAZETTE NOTIFICATION IS NO.SE(PRINT) 63/2015 DATED 9.6.2015

ANNEXURE R5(B) THE TRUE COPY OF THE RESOLUTION DATED 29.1.2020