Kerala High Court
Muhammed Pp vs State Of Kerala on 24 May, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
WP(C) NO. 11039 OF 2023
PETITIONER:
MUHAMMED PP
AGED 65 YEARS
S/O. ABOOTTY,
PANIKKARUPARAMBIL HOUSE,
KULUKKIYAD POST, KOTTAPPURAM,
SREE KRISHNAPURAM,
PALAKKAD DISTRICT - 679513,
PROPRIETOR, ABOOTTY MEMORIAL SWARAJ SAW MILL,
KOTTAPPURAM, KARIMPUZHA GRAMA PANCHAYATH,
PALAKKAD DISTRICT -, PIN - 679513
BY ADVS.
M.P.SHAMEEM AHAMED
E.C.AHAMED FAZIL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF HOME AFFAIRS,
SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT POLICE CHIEF, PALAKKAD
NEAR KSRTC BUS STAND,
PALAKKAD, PIN - 678014
3 THE STATION HOUSE OFFICER,
SREE KRISHNAPURAM,
SREE KRISHNAPURAM POLICE STATION,
SREE KRISHNAPURAM POST,
PALAKKAD DISTRICT, PIN - 679513
4 KERALA HEAD LOAD WORKERS WELFARE FUND BOARD,
PALAKKAD, CROWN TOWER,
CHANDAPURRA, KUZHALMANNAM,
PALAKKAD -
REPRESENTED BY ITS CHAIRMAN, PIN - 678702
WP(C) No.11039 of 2023
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5 CENTRE OF INDIAN TRADE UNION (CITU)
KOTTAPURAM HEADLOAD WORKERS UNIT,
KOTTAPURAM POST, PALAKKAD DISTRICT - ,
REPRESENTED BY ITS SECRETARY, PIN - 679513
6 BHARATIYA MASDOOR SANGH (BMS)
KOTTAPURAM HEADLOAD WORKERS UNIT,
KOTTAPURAM POST, PALAKKAD DISTRICT - ,
REPRESENTED BY ITS SECRETARY, PIN - 679513
7 SWATANTRA THOZHILALI UNION (STU)
KOTTAPURAM HEADLOAD WORKERS UNIT,
KOTTAPURAM POST, PALAKKAD DISTRICT - ,
REPRESENTED BY ITS SECRETARY, PIN - 679513
8 INDIAN NATIONAL TRADE UNION CONGRESS (INTUC)
KOTTAPURAM HEADLOAD WORKERS UNIT,
KOTTAPURAM POST, PALAKKAD DISTRICT - ,
REPRESENTED BY ITS SECRETARY, PIN - 679513
9 KUNJUNYEN
S/O. ABU, THEKKUMTHODI,
KOOTAPURAM,
SREE KOTTAPURAM POST,
PALAKKAD DISTRICT -, PIN - 679513
10 RAMAN
S/O. RAMAN,
PARAVALLI HOUSE,
KOOTAPURAM,
KOTTAPURAM POST,
PALAKKAD DISTRICT, PIN - 679513
BY ADVS.
SRI.RAJEEV JYOTHISH GEORGE - GP
SRI.R.KRISHNAKUMAR(CHERTHALA) FOR R5 & R7 TO R10
SRI.THOMAS ABRAHAM FOR R4
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.05.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.11039 of 2023
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JUDGMENT
Dated this the 24th day of May, 2023
The petitioner, who is Proprietor of a Saw Mill at
Karimpuzha Grama Panchayat in Palakkad District, is before
this Court seeking police protection from obstruction and
mischief committed by respondents 5 to 10 and their men.
2. The petitioner states that he is running a Saw Mill at
Karimpuzha Grama Panchayat. The petitioner has his own
workmen. For the limited loading and unloading activities in
the Saw Mill, the petitioner is engaging his own workmen.
3. According to the petitioner, the area where he is
doing business is not an area where the scheme framed
under the Kerala Headload Workers Act is operationalised.
Therefore, the petitioner has a right to engage his own
workers.
WP(C) No.11039 of 2023
4. However, respondents 5 to 10 interfered in the
business of the petitioner demanding that they should be
exclusively engaged for all loading and unloading activities in
the business premises. The petitioner thereupon approached
the 3rd respondent for police protection from the obstructions
caused by respondents 5 to 10. However, the 1 st respondent
did not extend any police protection. Hence, the petitioner is
before this Court.
5. The counsel for respondents 5 and 7 to 10 entered
appearance and resisted the writ petition. On behalf of
respondents 5 and 7 to 10, the counsel submitted that all the
averments made by the petitioner in the writ petition are
incorrect. In fact, the petitioner is not running the Saw Mill.
The Saw Mill is being run by somebody else. The writ petition
has been filed in order to deny legitimate employment and
wages to the registered headload workers. According to
respondents 5 and 7 to 10, a notification implementing the
Scheme has been published for this area also. Therefore, the
petitioner can only engage registered headload workers.
WP(C) No.11039 of 2023
Conciliation proceedings are pending before the Assistant
Labour Officer. The petitioner is bound to participate in the
conciliation proceedings and co-operate to arrive at an
amicable settlement in the matter.
6. Government Pleader entered appearance and
submitted that the Assistant Labour Officer is striving to arrive
at an amicable settlement. On 29.03.2023, an agreement was
arrived at between the parties.
7. The counsel for the petitioner would however,
dispute the same and would insist that no Settlement has
been signed by the petitioner so far.
8. I have heard the learned counsel for the petitioner,
the learned Government Pleader representing respondents 1
to 3 and the learned counsel representing respondents 5 and
7 to 10.
9. It is evident from the pleadings that the petitioner is
running a Saw Mill in an area where the Scheme under the
Kerala Headload Workers Act has not been operationalised so
far. As long as the Scheme is not operationalised, the
WP(C) No.11039 of 2023
petitioner has a right to engage his own workers for loading
and unloading activities. It is true that the members of
respondents 5 to 8 are registered headload workers in the
area. If the registered headload workers or their unions have
any grievance relating to employment or non-employment of
the headload workers, they have to approach the
conciliation/adjudication machinery provided under the Kerala
Headload Workers Act. They are not expected to take law
into their hand.
10. In fact, the parties have already approached the
Assistant Labour Officer for a resolution of the dispute and
conciliation proceedings are pending. In such circumstances,
it would be only proper that parties try to resolve their dispute
through the conciliation proceedings. The parties cannot take
law into their hands.
In the facts and circumstances of the case, the writ
petition is disposed of directing the 3 rd respondent-Station
House Officer to give adequate police protection to the
petitioner to get the loading and unloading work done through
WP(C) No.11039 of 2023
the workers of the petitioner. This will be subject to the
outcome of the conciliation proceedings pending before the
Assistant Labour Officer. The petitioner as well as
respondents 5 and 7 to 10 should appear and co-operate with
the conciliation proceedings pending before the Assistant
Labour Officer, Ottappalam.
Sd/-
N. NAGARESH
JUDGE
sss
WP(C) No.11039 of 2023
APPENDIX OF WP(C) 11039/2023
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE D & O LICENSE NO. A3-
2884/19/2019-20-180 DATED 10.06.2019
ISSUED FROM KARIMPUZHA GRAMA PANCHAYATH
EXHIBIT P2 TRUE COPY OF THE LICENSE NO.
DFO/PKD/LLA/612 DATED 26.03.2022
ISSUED BY THE DIVISIONAL FOREST
OFFICER, PALAKKAD
EXHIBIT P3 TRUE COPY OF THE SCHEDULE ATTACHED TO
KERALA HEAD LOAD WORKERS (REGULATION
OF EMPLOYMENT AND WELFARE) SCHEME
DATED NIL
Exhibit P4 TRUE COPY OF THE COMPLAINT DATED
21.10.2022 BEFORE THE CIRCLE INSPECTOR
OF POLICE (SHO), SREE KRISHNAPURAM,
PALAKKAD DISTRICT
RESPONDENT EXHIBITS
EXHIBIT R5(A) TRUE COPY OF THE COMPLAINT SUBMITTED
BY THE JOINT UNIONS, KOTTAPURAM BEFORE
THE ALO, OTTAPPALAM, DATED 03.04.2023.
