Rajumon.V.K vs Labour Officer, Kottayam
2024 Latest Caselaw 295 Ker

Kerala High Court

Rajumon.V.K vs Labour Officer, Kottayam on 4 January, 2024

Author: V Raja Vijayaraghavan

Bench: V Raja Vijayaraghavan

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
       THURSDAY, THE 4TH DAY OF JANUARY 2024 / 14TH POUSHA, 1945
                         WP(C) NO. 6459 OF 2021
PETITIONER:

           RAJUMON.V.K
           AGED 56 YEARS
           S/O.KUNJUPANICKER, VAZHAYIL HOUSE, PARIPPU P.O.,
           KOTTAYAM-686014.

           BY ADV ARUN RAJU


RESPONDENTS:

     1     LABOUR OFFICER, KOTTAYAM
           COLLECTORATE P.O., KOTTAYAM-686002.

     2     ASSISTANT LABOUR OFFICER,
           1ST CIRCLE, KOTTAYAM-686002.

     3     STATION HOUSE OFFICER,
           KOTTAYAM WEST POLICE STATION, KOTTAYAM-686013.

     4     BINOY PUTHUVELIYIL,
           PARIPPU P.O., KOTTAYAM-686014.

     5     RAJEEV K.C.,
           KOCHUPARAMBIL HOUSE, PARIPPU P.O., KOTTAYAM-686014.

     6     PAPPACHAN,
           MANGATTUKUZHY HOUSE, PARIPPU P.O., KOTTAYAM-686014.

           BY ADVS.
           SMT.C.S SHEEJA, SR. GP
           SRI.ABDUL JALEEL.A
           SMT.M.A.SULFIA



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION       ON
04.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 6459 OF 2021                 2




                                       JUDGMENT

The petitioner states that he is a registered loading worker in the

Kottayam Circle, and he, along with the registered workers of the area, are

usually engaged by the local paddy farmers to carry out their loading work.

He asserts that in the year 2021, certain unregistered workers came to the

area and demanded that they should also be permitted to carry out the work.

Since permitting those unregistered workers to work in the area was likely to

affect the livelihood of the registered workers, the petitioner objected to the

same. It is stated that on 3.2.2021, the unregistered workers disrupted the

loading work. In the said circumstances, Ext.P2 to P4 complaints were

lodged before the police and other authorities. He states that on 19.2.2021,

he was attacked by some of the respondents. It is in the above backdrop

that this writ petition is filed seeking issuance of directions to respondents 1

to 3 to interdict the action of respondents 4 to 6 and other unregistered

persons from interrupting the work of the petitioner in Circle No.1 and also to

grant police protection to the petitioner.

2. A statement has been filed by the Station House Officer

wherein it is stated that there were disputes with regard to work allocation in

Parippu Unions, and the said dispute was resolved by the Labour Officer,

Kottayam. It is stated that the petitioner is involved in not less than five

crimes registered under various provisions of the Indian Penal Code, and

cases are also pending trial before the jurisdictional Magistrate. His name has

also been included in the rowdy history of the jurisdictional police station. It

is further stated that there is no law and order situation prevailing at the

moment in the locality, and if any complaint is received, appropriate action

shall be taken.

3. In the statement filed by respondents 4 to 6, they have

denied that they have interrupted the work of the petitioner herein. It is

stated that the petitioner has criminal antecedents, and the allegations

levelled in the complaint that they have obstructed the work of the petitioner

are without basis.

4. I have considered the submissions advanced. I find that the

writ petition was filed on 10.3.2021. The allegation against the party

respondents is that they have obstructed the work during the 2021 paddy

cultivation season. From the statement filed by the Station House Officer it

appears that at the instance of the Labour Officer, disputes have been

resolved. The Officer has also stated that if any of the parties take the law

into their own hands and if the same is brought to the notice of the Officer

concerned, appropriate action shall be taken.

In the facts and circumstances, I do not think any further orders are

required to be passed.

This writ petition is closed.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE Sru

APPENDIX OF WP(C) 6459/2021

PETITIONER'S EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE LABOUR CARD REG.NO.05/02/2169/92 ISSUED BY ASSISTANT LABOUR OFFICER.

EXHIBIT P2 TRUE COPIES OF THE COMPLAINT DATED 04.02.2021 SUBMITTED BEFORE THE 2ND RESPONDENT.

EXHIBIT P2(A) TRUE COPIES OF THE COMPLAINT DATED 04.02.2021 SUBMITTED BEFORE THE 3RD RESPONDENT.

EXHIBIT P3 A TRUE COPY OF THE COMPLAINT DATED 01.03.2021 SUBMITTED BEFORE THE 3RD RESPONDENT.

EXHIBIT P4 A TRUE COPY OF THE COMPLAINT DATED 15.02.2021 BEFORE THE 1ST RESPONDENT.

EXHIBIT P5 A TRUE COPY OF THE COMPLAINT BEFORE 1ST RESPONDENT.