Kerala High Court
Suchithra K vs Station House Officer on 31 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
WP(C) NO. 8442 OF 2023
PETITIONER:
SUCHITHRA K
AGED 52 YEARS
RESIDING AT ABHI NIVAS,
KADAKKURUSSI, KANNADI
PALAKKAD - 678004.
BY ADV K.I.SAGEER
RESPONDENTS:
1 STATION HOUSE OFFICER
PALAKKAD TOWN SOUTH POLICE STATION
KUNATHURMEDU, PALAKKAD - 678013.
2 ASSISTENT LABOUR OFFICER
OFFICE OF THE ASSISTANT LABOUR OFFICER CIRCLE-I,
PALAKKAD - 678101.
3 KERALA STATE HEADLOAD WORKERS WELFARE BOARD
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
SIVARAMA MENON ROAD,
ERNAKULAM - 682018.
4 POOL LEADER/CONVENOR
HEAD LOAD WORKERS UNION ,
KADAKURUSSI, KANNADI,
PALAKKAD - 678702.
5 SUB INSPECTOR OF POLICE
PALAKKAD TOWN SOUTH POLICE STATION
KUNATHURMEDU, PALAKKAD - 678013.
BY ADVS.
E.C.BINEESH GP.
MUHAMMED YASIL
THOMAS ABRAHAM
SAJAN VARGHEESE K.
W.P.(C) No.8442 of 2023
2
LIJU. M.P(K/3405/1999)
JOPHY POTHEN KANDANKARY(K/319/2009)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.8442 of 2023
3
JUDGMENT
Dated this the 31st day of March, 2023
The petitioner, who is Proprietor of an Industrial Unit
conducting retail business in selling of building steel materials and
cement, is before this Court aggrieved by the obstructions caused
by the 4th respondent and the headload workers under the 4th
respondent to the loading and unloading activities carried out by
the petitioner in his Kadakkurussi unit.
2. The petitioner states that he has three workers, who are
doing all the loading and unloading work. The said workers have
been issued with Identity Cards under the Kerala Headload
Workers Act. When the petitioner was engaging the said workers,
the 4th respondent-Pool Leader and other headload workers under
him came to the premises of the petitioner and claimed that they
also had a right to do the loading and unloading work in the
petitioner's establishment.
W.P.(C) No.8442 of 2023
3. The petitioner states that as the petitioner has his own
registered attached headload workers, the 4th respondent cannot
impose himself on the petitioner and seek work from the petitioner.
Though the petitioner approached the police filing Exts.P4 and P5
complaints, the police authorities are not giving any assistance to
the petitioner. Therefore, unless this Court interferes in the matter
and directs the 5th respondent to give adequate protection to the
petitioner, the petitioner will be put to untold hardship and loss.
4. The 4th respondent entered appearance through
counsel and resisted the writ petition vehemently. On behalf of the
4th respondent, it is submitted that the petitioner cannot engage
the workers whose names are mentioned in Exts.P1 to P3 for the
reason that the area in respect of those employees is prescribed
as Kallekad, by the Assistant Labour Officer. The petitioner has
started another Unit in Kadakkurussi, which is nearly 40
Kilometres away from the Kallekad Unit. Therefore, the petitioner
cannot engage the workers who are given registration for Kallekad
W.P.(C) No.8442 of 2023
area, in the Kadakkurussi area which falls under another Pool of
the registered workers.
5. Counsel for the 4th respondent further submitted that
the persons who have been issued with Exts.P1 to P3 Identity
Cards are not bonafide headload workers and they are persons
related to the petitioner. The intention of the petitioner is to avert
the claim of the registered headload workers under the 4 th
respondent and to get the work done through cheap labour. There
are statutory violations in this regard.
6. Standing Counsel entered appearance on behalf of the
3rd respondent and submitted that the place where the petitioner is
seeking police protection in Kadakkurussi, is not a Scheme
operationalised area.
7. I have heard the learned counsel for the petitioner and
the learned counsel appearing for the 4th respondent. I have also
heard the learned Standing Counsel representing the 3rd
respondent and the learned Government Pleader appearing for
W.P.(C) No.8442 of 2023
respondents 1, 2 and 5.
8. The petitioner is running his Unit in Kadakkurussi area.
The petitioner has his own headload workers who have been
granted registration under Rule 226A of the Kerala Headload
Workers Rules. Exts.P1 to P3 are the Identity Cards in respect of
the said workers. If an employer has attached registered headload
workers, the Pool workers cannot insist that they should be
engaged for the work.
9. The contention of the 4th respondent is that Identity
Cards have been issued for the petitioner's workers to do work in
Kallekad area. Since the area of work is specifically mentioned as
Kallekad in Exts.P1 to P3, those workers cannot be deployed for
doing the work of the petitioner in Kadakkurussi area, contends
the 4th respondent. I cannot agree to such proposition because if
an employer has permanent attached registered headload workers
engaged by him, such employer will be at liberty to deploy those
workers in any of the industrial units owned by the petitioner. The
W.P.(C) No.8442 of 2023
mere mentioning of "area where the worker normally works", in an
Identity Card cannot restrict an employer from engaging his
workers in other unit.
10. Further contention of the 4th respondent is that the
persons named in Exts.P1 to P3 are not bonafide headload
workers. The registration has been taken in their name with an
intention to avoid the Pool workers and to get the work done at
cheap rates using migrant workers. If that is the allegation of the
4th respondent, the 4th respondent can very well approach the
appellate authority challenging Exs.P1 to P3 Identity Cards or they
can even raise a dispute invoking Section 21 of the Kerala
Headload Workers Act. Instead of resorting to such legal
remedies, the 4th respondent cannot take law in to their hand and
impose Pool workers upon the petitioner.
For all the above reasons, the writ petition is disposed of
directing the 5th respondent to grant adequate and effective police
protection to the petitioner to get his loading and unloading work
W.P.(C) No.8442 of 2023
done in Kadakkurussi Unit engaging persons named in Exts.P1 to
P3. If the petitioner wants the services of any headload worker
other than persons mentioned in Exts.P1 to P3, the petitioner shall
engage only the registered headload workers from the Pool. This
judgment will be without prejudice to the right of the 4 th
respondent to raise dispute, if any, before the competent
conciliation authority under the Kerala Headload Workers Act.
Sd/-
N. NAGARESH
JUDGE
ams
W.P.(C) No.8442 of 2023
APPENDIX OF WP(C) 8442/2023
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE IDENTITY CARD DATED
31.01.2023 ISSUED TO WORKER KUMARAN A BY
THE 2ND RESPONDENT.
EXHIBITP2 TRUE COPY OF THE IDENTITY CARD DATED
31.01.2023 ISSUED TO WORKER RANJITH N BY
THE 2ND RESPONDENT .
EXHIBIT P3 TRUE COPY OF THE IDENTITY CARD DATED
31.01.2023 ISSUED TO WORKER SURESH K BY
THE 2ND RESPONDENT .
EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATE
01.02.2023 SUBMITTED BEFORE THE
5THRESPONDENT .
EXHIBIT P5 TRUE COPY OF THE RECEIPT DATE 10.02.2023
ISSUED FROM THE PALAKKAD TOWN SOUTH
POLICE STATION .
RESPONDENT'S EXHIBITS
EXHIBIT R4(A) TRUE COPY OF THE IDENTITY CARD ISSUED TO
S AJAYAKUMAR ON 26-07-2006
EXHIBIT-R4(B) TRUE COPY OF THE FIRST PAGE OF THE PASS
BOOK ISSUED UNDER THE KERALA HEADLOAD
WORKERS (SCATTERED WING) WELFARE SCHEME,
1999 TO S AJAYAKUMAR
EXHIBIT-R4(C) TRUE COPY OF THE IDENTITY CARD ISSUED TO
RATHEESH V
EXHIBIT-R(D) TRUE COPY OF THE FIRST PAGE OF THE PASS
BOOK ISSUED UNDER THE KERALA HEADLOAD
WORKERS (SCATTERED WING) WELFARE SCHEME,
1999 TO RATHEESH V
