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Kerala Headload Workers Welfare ... vs Asiatic Transports
2023 Latest Caselaw 2447 Ker

Citation : 2023 Latest Caselaw 2447 Ker
Judgement Date : 24 February, 2023

Kerala High Court
Kerala Headload Workers Welfare ... vs Asiatic Transports on 24 February, 2023
           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
          THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
                               &
          THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
  FRIDAY, THE 24TH DAY OF FEBRUARY 2023 / 5TH PHALGUNA, 1944
                      WA NO. 23 OF 2023
  AGAINST THE JUDGMENT IN WP(C) 22388/2022 OF HIGH COURT OF
                            KERALA
APPELLANT/RESPONDENT NO.7

          KERALA HEADLOAD WORKERS WELFARE BOARD REPRESENTED
          BY ITS CHAIRMAN
          ERNAKULAM DISTRICT COMMITTEE, KUMMANCHERY BUILDING,
          T.D. ROAD, KOCHI -682035
          BY ADV S.KRISHNA MOORTHY(ERNAKULAM)


RESPONDENTS/PETITIONERS/RESPONDENTS 1 TO 6

    1     ASIATIC TRANSPORTS
          PETITIONER -REPRESENTED BY ITS PROPRIETOR MR. K.M.
          NASSARUDDIN, H. NO. XXIII/624, PALLIKUNNIL HOUSE,
          BYE PASS ROAD, NETTOOR, ERNAKULAM -682040, PIN -
          682040
    2     STATE OF KERALA
          REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF
          KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
          PIN - 695001
    3     STATION HOUSE OFFICER
          MULAVUKAD POLICE STATION, PONNARIMANGALAM,
          ERNAKULAM ., PIN - 682504
    4     GATEWAY DISTRIPARKS (KERALA ) LTD
          REPRESENTED BY ITS DIRECTOR, CONTAINER FREIGHT
          STATION, MAIN ROAD, NH 966A, VALLARPADAM, ERNAKULAM
          -682504, PIN - 682504
    5     ERNAKULAM DISTRICT HEADLOAD AND GENERAL WORKERS
 WA 23 & 176 of 2023
                                   2

            CONGRESS (INTUC)
            REPRESENTED BY ITS GENERAL SECRETARY, INTUIC
            BHAVAN, INTUC ROAD, VALANJAMBALAM, ERNAKUALM .,
            PIN - 682016
     6      ERNAKULAM JILLA CONTAINER THOZHILALI SANGHAM (BMS)
            REPRESENTED BY ITS SECRETARY, BMS OFFICE, I.S.
            PRESS ROAD, ERNAKULAM ., PIN - 682018
     7      HEADLOAD AND GENERAL WORKERS UNION ( CITU)
            REPRESENTED BY ITS DISTRICT PRESIDENT, KARL MARX
            BUILDING, NEAR TOWN HALL, BANERJI ROAD, ERNAKULAM
            -682018.
     8      ADDL.R8: COCHIN PORT TRUST AUTHORITY,
            REPRESENTED BY ITS CHAIRMAN,WILLINGDON
            ISLAND,KOCHI,KERALA,PIN-682 009. * IS SUO MOTU
            IMPLEADED AS ADDITIONAL R8 AS PER ORDER DATED 7-2-
            23.
            BY ADVS.
            P.RAMAKRISHNAN - R1
            GP SRI.SREEJITH V.S. - R2
            M.GOPIKRISHNAN NAMBIAR - R4
            MILLU DANDAPANI - R5
            V.P.PRASAD - R6 AND R7
            K.JOHN MATHAI(K/413/1984)
            JOSON MANAVALAN(J-526)
            KURYAN THOMAS(K/131/2003)
            PAULOSE C. ABRAHAM(MAH/58/2006)
            RAJA KANNAN(K/356/2008)
            NAYANPALLY RAMOLA(MAH/6224/2014)



    THIS   WRIT  APPEAL  HAVING   COME  UP   FOR
ADMISSION ON 24.02.2023, ALONG WITH WA.176/2023,
THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WA 23 & 176 of 2023
                                     3

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
            THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
                                &
            THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
  FRIDAY, THE 24TH DAY OF FEBRUARY 2023 / 5TH PHALGUNA, 1944
                        WA NO. 176 OF 2023
  AGAINST THE JUDGMENT IN WP(C) 22388/2022 OF HIGH COURT OF
                              KERALA
APPELLANT/RESPONDENT NO.4

            ERNAKULAM DISTRICT HEADLOAD AND GENERAL WORKERS
            CONGRESS (INTUC)
            REPRESENTED BY ITS GENERAL SECRETARY, SHRI K.U.
            GOPI INTUC BHAVAN, INTUC ROAD, VALANJABALAM,
            ERNAKULAM 682 016.
            BY ADV MILLU DANDAPANI


RESPONDENTS/PETITIONER AND RESPONDENTS 1 TO 3 AND 5 TO 7

     1      ASIATIC TRANSPORTS,
            REPRESENTED BY ITS PROPRIETOR MR. K.M.
            NASSARUDDIN, H.NO. XXIII/624, PALLIKUNNIL HOUSE,
            BYE-PASS ROAD, NETTOOR, ERNAKULAM 682 040.
     2      STATE OF KERALA
            REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
            GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695
            001.
     3      STATION HOUSE OFFICER,
            MULAVUKAD POLICE STATION, PONNARIMANGALAM,
            ERNAKULAM - 682 504.
     4      GATEWAY DISTRIPARKS (KERALA) LTD.,
            REPRESENTED BY ITS DIRECTOR, CONTAINER FREIGHT
            STATION, MAIN ROAD, NH-966A, VALLARPADAM,
            ERNAKULAM - 682 504.
     5      ERNAKULAM JILLA CONTAINER THOZHILALISANGHAM (BMS),
 WA 23 & 176 of 2023
                                     4


            REPRESENTED BY ITS SECRETARY, BMS OFFICE, IS PRESS
            ROAD, ERNAKULAM - 682 018.
     6      HEAD LOAD AND GENERAL WORKERS UNION (CITU),
            REPRESENTED BY ITS DISTRICT PRESIDENT, KARL MARX
            BUILDING, NEAR TOWN HALL, BANNERJI ROAD, ERNAKULAM
            682 018.
     7      KERALA HEADLOAD WORKERS WELFARE BOARD,
            ERNAKULAM DISTRICT COMMITTEE, KUMMANCHERY
            BUILDING, TD ROAD, KOCHI - 682035 REPRESENTED BY
            ITS CHAIRMAN.
     8      ADDL.R8:COCHIN PORT TRUST AUTHORITY,
            REPRESENTED BY ITS CHAIRMAN,WILLINGDON
            ISLAND,KOCHI,KERALA,PIN-682 009. IS SUO MOTU
            IMPLEADED AS ADDITIONAL R8 AS PER ORDER DATED 7-2-
            2023.
            BY ADV PRASAD V.P - R6


OTHER PRESENT:


            SR.GP-SRI.T.K.VIPINDAS - R2



    THIS   WRIT  APPEAL  HAVING  COME  UP   FOR
ADMISSION ON 24.02.2023, ALONG WITH WA.23/2023,
THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WA 23 & 176 of 2023
                                   5




     K.VINOD CHANDRAN & C.JAYACHANDRAN, JJ.
            -------------------------------------------
           Writ Appeal Nos. 23 & 176 of 2023
            -------------------------------------------
             Dated this 24th February, 2023

                         JUDGMENT

K.Vinod Chandran, J.

The writ appeals raise the question of whether the members

of a Pool constituted under the Kerala Headload Workers

(Regulation of Employment and Welfare) Scheme, 1983 have an

indefeasible right to carry on the loading and unloading work in

the 3rd respondent's establishment, carried out through the

petitioner. We refer to the parties from their status in the writ

petition since appeals arise from the judgment in the single writ

petition.

2. The petitioner is a proprietary concern engaged in the

business of clearing, forwarding & transporting. The 3 rd

respondent has been appointed and notified as the Custodian of

goods in the Container Freight Station (CFS) by the Commissioner

of Customs. The petitioner has taken the contract to carry on the WA 23 & 176 of 2023

loading and unloading work in the CFS; which premises has been

notified as a 'Customs Area' under Section 8(b) of the Customs Act

and the activities carried on by the 3 rd respondent is fully under

the control of the Commissioner of Customs. It was argued that

the Kerala Headload Workers Act has been made inapplicable to

establishments owned and controlled by the Central Government

as per the notification which brought into force the enactment.

3. The learned Single Judge relied on the decisions in

Hindustan Latex Employees Welfare Society v.

Trivandrum District Headload and General Workers'

Union (2010 (4) KLT 391) and APM Terminals India PVT.

LTD, v. The Sub Inspector of Police (WPC 15595 of 2014

dated 9.3.2016) to find that the area in which the 3 rd respondent

carries on its activities is fully under the control of the Customs

and therefore is an establishment to which the Headload Workers

Act, the Rules and the Scheme framed there under do not apply.

Consequently, it was directed that if the petitioner's work of

loading and unloading carried on within the premises of the 3 rd

respondent is obstructed, then, the police shall afford necessary

protection to remove such obstruction.

WA 23 & 176 of 2023

4. Sri.S. Krishna Moorthi, the learned Standing Counsel for

the Welfare Board, the appellant in W.A. 23 of 2023, at the outset

contends that the petitioner is not an establishment controlled or

owned by the Central Government. The petitioner is a proprietary

concern which has entered into an agreement with the 3rd

respondent, the terms of which clearly indicates it to be a purely

commercial venture. The 3rd respondent also has entered into a

commercial agreement with the Commissioner of Customs and

both the establishments are private establishments aimed solely at

profiteering; over which the Central Government has absolutely

no control. The terms of the lease entered into by the 3 rd

respondent with the Board of Trustees of the Cochin Port as seen

from Ext.R4(a) is specifically read out to show the huge financial

implications which also points to the large scale profit generated

from the business activity. The learned counsel would stress the

requirement for an all pervasive control or a major share holding,

by the Central Government, for the exception to squarely apply.

Both these aspects being absent and the activities of the 3 rd

respondent being carried in a Scheme covered area, the members

of the Pool constituted under the Scheme have a right to carry on WA 23 & 176 of 2023

the loading and unloading work, unless the establishment has its

own workers having Rule 26A cards; which in any case is not the

contention of the petitioner. The decision in Hindustan Latex

Employees Welfare Society (supra) is sought to be

distinguished on the ground that the company which was carrying

on a manufacturing unit was fully owned by the Central

Government. The decision in APM Terminals India PVT.

LTD (supra) was also sought to be distinguished on the ground

that there, the police protection granted was on the ground that

there was no permission to the headload workers to enter the

bonded area of the Customs. In the present case, there is a

statutory right on the members of the Pool constituted under the

Scheme to carry on the loading and unloading work in the Scheme

covered area and it is the bounden duty of the Customs to grant

permission for entry of such workers into the premises of the 3 rd

respondent. It is also pointed out that there is no impediment in

granting such permission since for the last more than one decade

the petitioner was carrying on the loading and unloading work

through the Pool workers. The same was stopped abruptly, thus

interfering with the statutory right conferred on the workers. WA 23 & 176 of 2023

5. Sri.Millu Dandapani, learned counsel appearing for one

of the Unions, the appellant in WA.176 of 2023, adopts the

arguments of the Board. In addition it is pointed out that the writ

petition by its nomenclature is one for police protection in which

the learned Single Judge has granted a declaration of exemption

thus frustrating the remedies available under the statute. It is

pointed out that the Pool workers were carrying on the loading

and unloading activities on the basis of an agreement entered into

with the petitioner which has been violated by the abrupt

stoppage to their engagement. Sri.V.P. Prasad, learned Counsel

appearing for the other respondent Unions points out that there is

not a single complaint raised by the petitioner regarding the work

carried on by the Pool members. It is argued that abrupt

termination of the agreement entered into with the workers puts

the workers life in peril and literally, they are on the streets

without any source of livelihood.

6. Sri.P.Ramakrishnan, learned counsel appearing for the

petitioner, takes us through Exts.P1, P2 and P3 to impress upon us

the pervasive control exerted by the Commissioner of Customs on

the activities carried on in the 3 rd respondent premises; which is WA 23 & 176 of 2023

carried on as per the guidelines framed by the Commissioner. The

decision in Hindustan Latex Employees Welfare Society

(supra) considered the issue of loading and unloading carried out

by the Society, in premises which were also not owned by the

Company and were leased out by the Society. Even then the

Division Bench found that the establishment owned by the Central

Government and the activities carried on by the Society, cannot be

divorced from each other and there is a complete exemption from

the provisions of the Headload Workers Act. In answer to the

ground raised of earlier engagement of the Pool workers, it is

pointed out that the Division Bench specifically held that an

earlier engagement of Pool workers cannot result in a waiver of

the right of exemption available, for ever. Insofar as APM

Terminals India PVT. LTD (supra) is concerned, it is pointed

out that the issue of exemption was never argued before the

Division Bench which resulted in the Division Bench directing the

Unions to approach the competent authority. Smt.Ramola,

learned counsel appearing for the 3rd respondent and the

additional respondent impleaded in the appeal, adopted the

arguments of the petitioner. The additional respondent, the WA 23 & 176 of 2023

Cochin Port Authority, was specifically impleaded, on our orders,

to ascertain the ownership of the land and the nature of

possession of such land by the 3rd respondent. This has been

clarified by way of an affidavit filed by the 3 rd respondent

producing the lease deed between the additional respondent and

the 3rd respondent; Ext. R4(a). Learned Counsel would further

stress on the clear distinction and different definitions of the

terms, 'the employer' and 'the establishment' under the Headload

Workers Act. The establishments to which the Act is applicable

and the specific activity of loading and unloading work have been

referred to in the Schedule to the Act. Definitely the 4th respondent

establishment would come under item No.5 of the Schedule; if the

exemption was not available.

7. Exts.P1, P2 and P3 were extensively read over to us, with

reference to the statutory provisions. Ext.P1 is the notification

issued by the Commissioner of Customs under Section 8(b) of the

Customs Act, 1962. By the above provision, the Commissioner of

Customs is empowered to specify the limits of any 'customs area',

which term is defined under Section 2(11) as the area of a customs

station and includes any area in which imported goods or goods WA 23 & 176 of 2023

for export are ordinarily kept before clearance by Customs

Authorities. By Ext.P1, the tabled area having an extent of 6.58

acres has been approved to be a proper place for storage of

containers, imported goods, de-stuffing of containers, customs

examination before clearance, storage examination and stuffing of

export cargo into containers and storage of import and export

transit containers; under Section 8(b). The boundaries and limits

of the land more fully described in the Table appended, has been

notified as a 'customs area'. Ext.P2 is yet another notification

brought out under Section 45 of the Customs Act which

specifically speaks of restrictions on custody and removal of

imported goods. As per sub-section (1) of Section 45, all imported

goods unloaded in a customs area are to be retained in the custody

of such person as may be approved by the Commissioner of

Customs until they are cleared for home consumption or are

warehoused or transshipped. Sub section (2) mandates that a

person having custody of any imported goods in a customs area,

should keep a record of such goods and send a copy thereof to the

proper officer; and is also prohibited from permitting removal or

otherwise dealing with such goods; other than in accordance with WA 23 & 176 of 2023

the permission in writing from the proper officer. Sub section (3)

makes such person in charge of imported goods in a customs area,

liable to payment of duty if such goods are pilfered from their

custody. The rigor of the statutory provisions are further reflected

in clauses 4 6, 7 and 14 of Ext.P2. Clause 18 requires the

Custodian to bear the cost of Customs Officers on cost recovery

basis and clause 22 prohibits the Custodian from making any

manner of alienation of the premises of a Customs Area without

the written permission of the Commissioner of Customs. Ext.P3

details the procedure to be followed in respect of import, export

and transshipment of cargo and the movement of containers into

and out of the CFS, again issued by the Commissioner. At the

outset, Ext.P3 requires the Custodian to observe all Central

Government holidays and Sundays as followed in the Customs

House. Clause 16 requires any deviation of the procedures listed

out from clause 1 to 15 to be immediately brought to the notice of

higher authorities and further provides that the staff posted at the

CFS shall be under the direct control of the Assistant/Deputy

Commissioner (Docks/CFS). We are convinced that the

notification issued under Ext.P1 specifying the limits of the area WA 23 & 176 of 2023

leased out by the 3rd respondent from the Port Authority as per

Ext.R4(a) for the purpose of the CFS, is notified as a customs area

and is under the all pervasive control of the customs authorities.

The notification which brought in the Headload Workers Act

makes the provisions of the Act applicable to the establishments

in the whole of the State of Kerala except those establishments

owned and controlled by the Central Government. We have found

that there is all pervasive control by the Customs Department on

the activities carried on by the 3 rd respondent in the premises

leased out from the Port authority, and monitored and supervised

by the Officers of the Customs.

8. Hindustan Latex Employees Welfare Society

(supra), is a case in which the Society had an agreement to carry

out secondary packaging of the company's products at various

places, taken on lease by the Society, as well as in the factory

premises. The writ petition was one filed for police protection for

reason of the obstruction caused by the headload workers in the

Scheme covered area. It was held that merely because the activity

was carried on by a Society it does not seize to be an activity of the

manufacturing establishment, under the control of the Central WA 23 & 176 of 2023

Government. The exclusionary part of the notification, according

to the Division Bench, was with the object of freeing the activities

carried on in an establishment of the Central Government from

the trammels of the law of headload work, prevalent in the State of

Kerala. Their Lordships clearly noticed the distinctive terms of

'establishment' and 'employer', as defined in the statute, the

former of which term is used in the notification for the purpose of

exemption. The work done by the Society, of secondary packing,

was held to be part and parcel of the manufacturing unit, which

was admittedly owned by the Central Government. Their

Lordships also found the mere application for registration under

the Act or the Rules and the employment of the Pool workers in a

scheme area for some of its units, would not result in an absolute

waiver of the right to employ its own workers; as such a right arise

from the exemption permitted in the notification itself. In APM

Terminals India PVT. LTD (supra), the issue again was with

respect to an identical situation of a CFS having engaged Pool

workers, but abruptly stopped the practice and started employing

their own workers when obstructions were caused. The contention

raised in the above writ petition was that the area being a customs WA 23 & 176 of 2023

bonded area, declared as a special economic zone, special rights

are available to the operators within the area and entry into such

area, even of the headload workers can only be with prior

permission. Their Lordships held that the petitioners would be

entitled to employ workers of their choice and even members of

the Pool so far as the permission exists. The Unions were also

permitted to avail the remedy under the competent authority

9. As submitted by the learned counsel for the petitioner,

in APM Terminals India PVT. LTD (supra), the specific

exemption applicable was not urged before Court. Section 2(m)

defines a headload worker as a person employed directly or

indirectly through a contractor in an establishment; with specific

activities of loading and unloading. The definition of employer in

S.2(i) indicates three types of employment, under a Contractor

[sub-clause (i)], under the Committee [sub-clause (ii)] and under

the person who is in charge of an establishment [sub-clause (iii)].

The employer in cases of sub-clauses (i) and (iii), is the owner of

the establishment or one who has ultimate control of 'the

establishment'; the definition of which term has already been

noticed by us; quite distinct from that of 'the employer'. As far as WA 23 & 176 of 2023

sub-clause (ii) is concerned, the employer is the Committee

appointed under S.18. The Explanation to the definition clause

further makes it clear that the headload worker for the purpose of

sub-clause (ii) is a person registered under the Scheme and paid

wages by the Committee; which has reference to the members of

the Pool constituted under the Scheme. The dispute resolution

measure of conciliation as provided under S.21 of the Act has

application only in disputes arising between the employer & the

employee or the employees & employees or between employers;

all with reference to the terms and conditions of employment. The

dispute that can be considered can also be between the employer,

the workers holding a valid registration under Rule 26A of the

Rules of 1981 and those Pool members who have a registration

under the Rule 6A of the Scheme of 1983. But, when there is an

exemption to an establishment which is either owned and

controlled by the Central Government there is no question of the

authorities under the Act having any jurisdiction to entertain a

complaint regarding the loading and unloading work carried on in

such notified area; which stands exempted.

WA 23 & 176 of 2023

10. The exemption is specifically granted to the

establishment and we need not go to the constitution or legal

status of the petitioner or the 3rd respondent. An establishment is

defined under the Headload Workers Act by S.2(j) as an

establishment specified in the Schedule and includes the precincts

thereof. The Schedule appended to the Act specifies the

establishments to which the Act is applicable. Though the activity

carried on within the precincts of CFS is one coming under item

No.5 of the Schedule, the exemption granted in the notification

makes the Act itself inapplicable to such establishment. The

establishment is defined as per the activities carried on within its

precincts, which in the present case is storage, stuffing, de-stuffing

and so on and so forth of goods either imported into the country

or to be exported out of the country, on which customs duty is

assessed, as payable or exempted; which activity is under the all

pervasive control of the Customs department. The CFS carried on

by the 3rd respondent, as a duly notified Custodian, is fully under

the control of the Customs department and the premises being

within a Scheme covered area does not alter the exemption

granted from the Headload Workers Act to the activities of the WA 23 & 176 of 2023

establishment carried on within the precincts thereof. We bow to

the dictum in Hindustan Latex Employees Welfare Society

(supra) which we follow, to find exemption to the CFS area

notified as per Ext.P1, though carried on by the 3 rd respondent as

Custodian, to be exempted from the Headload Workers Act, Rules

and the Scheme, for reason of the all pervasive control exercised

by the customs authority over the entire activities including

loading and unloading activity. That the petitioner and 3 rd

respondent are private establishments earning profit out of their

commercial activities, does not permit a deviation insofar as the

in-applicability of the Headload Workers Act for the specific

activities of the establishment carried on in the area within its

precincts, notified as CFS under Section 8(b) of the Customs Act.

11. Even the petitioner admits that the Pool workers were

employed for the loading and unloading work for a very long

period. It is also pointed out that such engagement was in the

interest of smooth functioning of the business, which otherwise

was threatened to be obstructed by the Pool members who also

had political patronage. Over course of time the Pool members

became more belligerent and the complaints to the Committee WA 23 & 176 of 2023

and the Board evoked no response and it was in utter frustration

that the petitioner resorted to engagement of their own workers,

asserting the right of the exemption available to the

establishments controlled by the Central Government. In

Hindustan Latex Employees Welfare Society (supra), it

was found that the engagement of pool workers or seeking

registration under the Act and Rules would not result in a waiver

of the rights accrued by virtue of the exemption. The Division

Bench, therein noticed that such engagement was only for a short

period, which in the present case was for over a decade. Even such

engagement for long duration would not result in any

crystallization of rights on the workers, who are members of the

Pool constituted under a Scheme, framed under the Act. The

exclusive right to carry out the loading and unloading work in a

scheme covered area in the establishments within such area, is a

statutory right which either exists or does not exist, on the terms

of the statute. When such right does not flow from the statute, the

mere practice of engaging Pool workers would not by that alone

crystallize into a right to those previously engaged. WA 23 & 176 of 2023

12. We are also not impressed with the argument

addressed by the Unions that the learned Single Judge has

exceeded the jurisdiction to declare the Unions to have no right to

obstruct the loading and unloading activity carried on within the

premises of the 3rd respondent. We have already found that when

an establishment is exempted from the enactment, there is no

question of the authorities constituted under the enactment

having any power to resolve disputes arising within such

establishments. The writ petition though styled as one for police

protection, essentially seeks the issuance of mandamus to the

police, an authority under the State, who are obliged to act on the

complaint of illegal obstruction raised before them. A writ of

mandamus would only issue when there is an inaction on the part

of the authority, who are bound to act in accordance with law,

which inaction can only be found on the obstruction being

declared to be illegal. The petitioner stopped engaging the

members of the Pool under the Scheme for the loading and

unloading work carried on in the 3 rd respondent establishment

and employed their own workers. This resulted in the obstruction

to the loading and unloading work in the 3 rd respondent WA 23 & 176 of 2023

establishment by the Pool members claiming a right under the

Headload Workers Act. When it is found that there is no right,

flowing from the statute, on the Pool workers to demand loading

and unloading work in the precincts of the 3 rd respondent's

establishment, controlled by the Central Government; necessarily

the consequence is a declaration that the obstruction is illegal

which is the foundation for the writ of mandamus issued to the

police to afford necessary police protection.

We find absolutely no reason to interfere with the judgment

of the learned Single Judge. We affirm the same and dismiss the

appeals.

Sd/-

K.VINOD CHANDRAN, JUDGE

Sd/-

C.JAYACHANDRAN, JUDGE

Mrcs xxx WA 23 & 176 of 2023

APPENDIX OF WA 23/2023

RESPONDENT ANNEXURES Annexure R4(a) A TRUE COPY OF THE LEASE DEED DATED 15.03.2011 Annexure R4(b) . A TRUE COPY OF THE HANDLING OF CARGO IN CUSTOMS AREAS REGULATIONS, 2009, NOTIFIED ON 17.03.2009, AND AS AMENDED

 
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