Kerala High Court
Varghese M. George vs The State Of Kerala on 23 May, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 16130 OF 2024
PETITIONER:
VARGHESE M. GEORGE, AGED 48 YEARS,
S/O LATE V. GEORGE, PROPRIETOR,
M/S MELETHIL STEELS (ER/97),
CENTRAL JUNCTION, THATTA ROAD,
ADOOR, PATHANAMTHITTA DISTRICT,
PIN - 691523
BY ADVS.
ARUN CHAND
BHARAT VIJAY P.
MINU VITTORRIA PAULSON
ARCHANA P.P.
RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY
TO THE GOVERNMENT, HOME DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM ., PIN - 695001
2 THE DISTRICT POLICE CHIEF, OFFICE OF THE DISTRICT
POLICE CHIEF, PATHANAMTHITTA, PATHANAMTHITTA
DISTRICT., PIN - 689645
3 THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE
DEPUTY SUPERINTENDENT OF POLICE, ADOOR,
PATHANAMTHITTA DISTRICT., PIN - 689645
4 THE STATION HOUSE OFFICER, ADOOR POLICE STATION,
ADOOR, PATHANAMTHITTA DISTRICT., PIN - 691523
5 THE HEADLOAD WORKERS WELFARE BOARD, DISTRICT OFFICE
OF THE HEADLOAD WORKERS WELFARE BOARD, AZAD BUILDING,
NEAR OLD PRIVATE BUS STAND, PATHANAMTHITTA DISTRICT ,
REPRESENTED BY CHAIRMAN, PIN - 689645
6 THE PARAKODE REGIONAL OFFICE (SUB OFFICE), PARAKKODE,
HEADLOAD WORKERS WELFARE BOARD, BUILDING NO. XII/635-B,
SURYA BUILDING, PARAKODE, PATHANAMTHITTA DISTRICT,
REPRESENTED BY ITS SUB OFFICER, PIN - 691554
WPC 16130/24
2
7 PATHANAMTHITTA DISTRICT HEADLOAD WORKERS AND
GENERAL WORKERS UNION, (C.I.T.U.), ADOOR,
PATHAAMTHITTA DISTRICT. REPRESENTED ITS AREA
SECRETARY, PIN - 691523
8 PATHANAMTHITTA DISTRICT HEADLOAD WORKERS AND
GENERAL WORKERS COUNCIL, (A.I.T.U.C.), ADOOR,
REPRESENTED BY ITS SECRETARY, PIN - 691523
9 SOUTH KERALA HEADLOAD AND GENERAL MAZDOOR SANGH
(B.M.S.), ADOOR , REPRESENTED BY ITS DISTRICT
GENERAL SECRETARY., PIN - 691523
BY ADVS
SRI. K.SIJU - R5
SMT.REKHA C.NAIR - SENIOR G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WPC 16130/24
3
JUDGMENT
The petitioner is stated to be the Proprietor of a company
dealing in the sale of 'steel bars, cement and other construction
products'. He says that he has now constructed a new godown
behind the 'Cathedral Church, Pannivizha' and that he has engaged
permanent workers for the purpose of loading and unloading
activities therein; but that this has been obstructed by respondents
7 to 9 Unions, illegally asserting that only their members are to be
so engaged.
2. The petitioner asserts that the afore stand of the Unions
is illegal because the area where the godown is situated, namely
behind the 'Cathedral Church, Pannivizha', is not covered by any
Scheme under the Kerala Headload Workers Act (hereinafter
referred to as 'the Act' for short); and therefore, that his client
approached the Police seeking protection through Ext.P2, but which
has remained without being acted upon, thus constraining him to
approach this Court through this Writ Petition.
3. In response to the afore submissions of Smt.Minu
Vittorria Paulson - learned counsel for the petitioner, Sri.Siju
Kamalasanan - learned Standing Counsel for the 5th respondent -
Headload Workers Welfare Board, affirmed that the area where the
petitioner has constructed his new godown in not covered by any
Scheme under the 'Act'.
4. I notice from the files that even though summons from
this Court have been validly served on respondents 7 to 9, they
have chosen not to be present in person or to be represented
through counsel; thus inferentially guiding me to the impression
that they have nothing to offer in answer to the allegations made
in this Writ Petition.
5. Smt.Rekha C. Nair - learned Senior Government
Pleader, submitted that since the 5th respondent - Board affirms
that there is no Scheme covering the area where the new godown
of the petitioner is constructed, namely behind the 'Cathedral
Church, Pannivizha', the 4th respondent - Station House Officer, is
willing to afford necessary protection to him and to his employees.
6. When I evaluate and consider the afore submissions, it
is evident that since the area - where the petitioner's new godown
is situated, namely behind the 'Cathedral Church, Pannivizha' - is
not covered by any Scheme under the 'Act', he can engage his
own permanent workers for loading and unloading activities.
In the afore circumstances, I allow this Writ Petition and
direct the 4th respondent - Station House Officer, to afford
adequate and necessary protection to the petitioner and his
employees for the purpose of loading and unloading activities in
his new godown, which is situated behind the 'Cathedral Church,
Pannivizha'.
Any obstruction from any person, including the party
respondents, will be dealt with to the fullest warrant of law;
though I clarify that their right to approach any competent
Authority/Forums for resolution of any of their legitimate
grievances is fully left open; for which, rival contentions are also
left undecided.
The 3rd respondent - Deputy Superintendent of Police will
ensure that the afore directions are fully complied with in its letter
and spirit, by causing to maintain continuous vigil.
Sd/-
RR ` DEVAN RAMACHANDRAN
JUDGE
APPENDIX OF WP(C) 16130/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE REPLY LETTER DATED
22/02/2024 ISSUED BY THE 6TH RESPONDENT
TO THE PETITIONER.
Exhibit P2 THE TRUE COPY OF THE REPRESENTATION DATED
02/04/2024 SUBMITTED BY THE PETITIONER
BEFORE THE 4TH RESPONDENT.
Exhibit P3 THE TRUE COPY OF THE ACKNOWLEDGEMENT
RECEIPT DATED 10/04/2024 ISSUED BY THE
4TH RESPONDENT TO THE PETITIONER.
Exhibit P4 THE TRUE COPY OF THE REPRESENTATION DATED
02/04/2024 PREFERRED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT.
Exhibit P5 THE TRUE COPY OF THE ACKNOWLEDGEMENT
RECEIPT DATED 10/04/2024 ISSUED BY THE
3RD RESPONDENT TO THE PETITIONER.
Exhibit P6 THE TRUE COPY OF THE JUDGMENT DATED
21/11/2023 IN W.P.C.NO.41490/2022 OF THIS
HON'BLE COURT.
