Kerala High Court
M/S. Celebration Ply vs State Of Kerala on 24 February, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 24TH DAY OF FEBRUARY 2023 / 5TH PHALGUNA, 1944
WP(C) NO. 3841 OF 2023
PETITIONER
M/S. CELEBRATION PLY
AGED 36 YEARS
12/ 123-B, MUTTATHUMUGAL, METHALA P.O, PERUMBAVOOR,
REPRESENTED BY ITS MANAGING PARTNER JULFI JALAL, PIN -
683545
BY ADVS.
PEEYUS A.KOTTAM
RAGESH CHAND R.G.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,
SECRETARIAT, THIRUVANATHAPURAM, PIN - 695001
2 STATION HOUSE OFFICER
KURUPPAMPADY POLICE STATION, KURUPPAMPADY P.O,
ERNAKULAM DISTRICT, PIN - 683545
3 SUB INSPECTOR OF POLICE
KURUPPAMPADY POLICE STATION, KURUPPAMPADY P.O,
ERNAKULAM DISTRICT, PIN - 683545
4 KERALA HEADLOAD WORKERS WELFARE BOARD - KHWWB
ERNAKULAM DISTRICT COMMITTEE, KUMMANCHERRY BUILDING,
FLOWER JUNCTION, T.D.ROAD, ERNAKULAM,
REPRESENTED BY ITS CHAIRMAN., PIN - 682035
5 ERNAKULAM DISTRICT HEADLOAD & GENERAL WORKERS UNION
(CITU),
MUTTATHUMUGAL UNIT, METHALA P.O, PERUMBAVOOR,
REPRESENTED BY SECRETARY V.R.SUBASH., PIN - 683545
6 HEADLOAD WORKERS UNION (AITUC),
MUTTATHUMUGAL UNIT, METHALA P.O, PERUMBAVOOR, REPRESENTED
BY SECRETARY K.NARAYANAN., PIN - 683545
7 HEADLOAD WORKERS UNION (INTUC)
MUTTATHUMUGAL UNIT, METHALA P.O, PERUMBAVOOR, REPRESENTED
BY SECRETARY V.P.SALIM., PIN - 683545
WP(C) NO.3841 OF 2023
2
8 ASSISTANT LABOUR OFFICER
PERUMBAVOOR, MINI CIVIL STATION, POOPPANI ROAD,
PERUMBAVOOR, PIN - 683543
BY ADVS.
SMT.K.G.SAROJINI-GP
K.S.ARUN KUMAR-R4
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.02.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.3841 OF 2023
3
JUDGMENT
Dated this the 24th day of February, 2023
The petitioner approached this Court aggrieved by the
obstructions created by respondents 5 to 7 in the industrial
activity of the petitioner.
2. The petitioner is a Partnership Firm. The petitioner
has appointed five permanent employees for doing loading
and unloading activities in the petitioner's newly started
Factory. The members belonging to respondents 5 to 7 are
causing obstruction to the industrial activity of the petitioner
claiming that they have exclusive right to do loading and
unloading work, in view of the Kerala Headload Workers Act,
1978.
3. The petitioner states that the area where the
Industry is situated is not an area where the Kerala Headload
Workers (Regulation of Employment and Welfare) Scheme,
1983 has been operationalised. Therefore, the petitioner has a
WP(C) NO.3841 OF 2023
right to carry out work using their own workers.
4. Standing Counsel representing the 4th respondent-
Kerala Headload Workers Welfare Board entered appearance
and submitted that the area where the petitioner's Industry is
situated has not been extended with the operation of the
Scheme, though the area is a notified area. The Scheme has
not been so far operationalised in the area.
5. Government Pleader submitted on behalf of
respondents 1 to 3 that the petitioner has engaged five
workmen for doing loading and unloading activities in his
Industrial Unit.
6. I have heard the learned counsel for the petitioner,
the learned Government Pleader representing respondents 1
to 3 and 8 and the learned Standing Counsel representing the
4th respondent. Though notice was served on respondents 5 to
7, there is no appearance for the respondents 5 to 7.
7. From the pleadings in the writ petition, it is evident
that the petitioner has obtained Udayam Registration
WP(C) NO.3841 OF 2023
Certificate from the Ministry of Micro, Small & Medium
Enterprises, Government of India. The petitioner has also
obtained Ext.P7 Acknowledgment Certificate under the Kerala
Micro, Small and Medium Enterprises Facilitation Act, 2019.
Exts. P9 to P13 would show that employees of the petitioner
have submitted applications for registration as headload
workers invoking Rule 26A(i)1 of the Kerala Headload
Workers Rules, 1981.
8. Admittedly, the area is not a Scheme
operationalised area as contemplated under the Kerala
Headload Workers (Regulation of Employment and Welfare)
Scheme, 1983. Therefore, the petitioner will be at liberty to
engage their own workers and no others can claim exclusive
right to do loading and unloading work.
9. From the pleadings in the writ petition, it is evident
that the applications have been submitted for registration of
the petitioner's employees under the Kerala Headload
Workers Rules. In view of the afore facts, I am of the view that
WP(C) NO.3841 OF 2023
respondents 5 to 7 cannot cause any obstruction to the
loading and unloading activities of the petitioner.
In the circumstances, the writ petition is disposed of
directing respondents 2 and 3 to grant adequate protection to
the petitioner for carrying out loading and unloading activities
in their Industrial Premises engaging workers made mention in
Exts.P9 to P13.
sd/-
N.NAGARESH
JUDGE
hmh
WP(C) NO.3841 OF 2023
APPENDIX OF WP(C) 3841/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE OWNERSHIP CERTIFICATE
OF THE NEWLY CONSTRUCTED BUILDING
BEARING NO. 123/B DATED 13.05.2022 IN
WARD NO.12 OF ASAMANNOOR GRAMA
PANCHAYAT
Exhibit P2 TRUE COPY OF THE OWNERSHIP CERTIFICATE
OF THE NEWLY CONSTRUCTED BUILDING
BEARING NO. 123/C DATED 30.11.2022 IN
WARD NO.12 OF ASAMANNOOR GRAMA
PANCHAYAT
Exhibit P3 TRUE COPY OF THE OWNERSHIP CERTIFICATE
OF THE NEWLY CONSTRUCTED BUILDING
BEARING NO. 123/D DATED 30.11.2022 IN
WARD NO.12 OF ASAMANNOOR GRAMA
PANCHAYAT
Exhibit P4 TRUE COPY OF THE OWNERSHIP CERTIFICATE
OF THE NEWLY CONSTRUCTED BUILDING
BEARING NO. 123/E DATED 30.11.2022 IN
WARD NO.12 OF ASAMANNOOR GRAMA
PANCHAYAT
Exhibit P5 TRUE COPY OF CONSENT TO
OPERATE/AUTHORISATION/REGISTRATION
DATED 04.01.2023 ISSUED BY THE KERALA
STATE POLLUTION CONTROL BOARD FOR
STARTING THE MANUFACTURING UNIT OF
PLYWOOD
Exhibit P6 TRUE COPY OF NOC ISSUED BY DIVISIONAL
FOREST OFFICER, KOTHAMANGALAM DATED
17.01.2023
Exhibit P7 TRUE COPY OF THE ACKNOWLEDGEMENT
CERTIFICATE ISSUED BY GENERAL MANAGER,
DIC, ERNAKULAM TO THE PETITIONER FIRM
DATED 18.02.2022
Exhibit P8 TRUE COPY OF THE UDYAM REGISTRATION
CERTIFICATE ISSUED BY THE GOVERNMENT OF
INDIA, MINISTRY OF MICRO, SMALL &
MEDIUM ENTERPRISES DATED 14.06.2022
WP(C) NO.3841 OF 2023
Exhibit P9 THE TRUE COPY OF THE APPLICATION
SUBMITTED BY THE PETITIONER'S PERMANENT
EMPLOYEES APPOINTED FOR DOING LOADING
AND UNLOADING WORK IN THE PETITIONER'S
FACTORY NAMED RIYAS
Exhibit P10 THE TRUE COPY OF THE APPLICATION
SUBMITTED BY THE PETITIONER'S PERMANENT
EMPLOYEES APPOINTED FOR DOING LOADING
AND UNLOADING WORK IN THE PETITIONER'S
FACTORY NAMED NISSAR M.A
Exhibit P11 THE TRUE COPY OF THE APPLICATION
SUBMITTED BY THE PETITIONER'S PERMANENT
EMPLOYEES APPOINTED FOR DOING LOADING
AND UNLOADING WORK IN THE PETITIONER'S
FACTORY NAMED ANAS K.B.
Exhibit P12 THE TRUE COPY OF THE APPLICATION
SUBMITTED BY THE PETITIONER'S PERMANENT
EMPLOYEES APPOINTED FOR DOING LOADING
AND UNLOADING WORK IN THE PETITIONER'S
FACTORY NAMED MAHIN K. MUHAMMED
Exhibit P13 THE TRUE COPY OF THE APPLICATION
SUBMITTED BY THE PETITIONER'S PERMANENT
EMPLOYEES APPOINTED FOR DOING LOADING
AND UNLOADING WORK IN THE PETITIONER'S
FACTORY NAMED BINIL N.V
Exhibit P14 THE TRUE COPY OF THE NOTICE DATED
28.01.2023 ISSUED BY RESPONDENTS 5 TO 7
Exhibit P15 THE TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN W.P.(C) 10984/2021
DATED 24.06.2021
Exhibit P16 TRUE COPY OF THE REPRESENTATION DATED
28.01.2023 SUBMITTED BY THE PETITIONER
BEFORE THE CIRCLE INSPECTOR OF POLICE,
KURUPPAMPADY POLICE STATION
Exhibit P17 TRUE COPY OF THE RECEIPT ISSUED FROM
THE KURUPPUMPADY POLICE STATION TOWARDS
THE RECEIPT OF REPRESENTATION SUBMITTED
BY THE PETITIONER
