Mr. Binu M. Oomen vs The Station House Officer
2024 Latest Caselaw 29773 Ker

Kerala High Court

Mr. Binu M. Oomen vs The Station House Officer on 22 October, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                                        2024:KER:78483



                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                   THE HONOURABLE MR.JUSTICE V.G.ARUN

     TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946

                        WP(C) NO. 27582 OF 2024

PETITIONER:

              MR. BINU M. OOMEN
              AGED 55 YEARS
              MANAGING DIRECTOR,
              M/S. BEETA TRADERS & AGENCIES PVT. LTD.
              ELAVUNGAL HOUSE, VYLOPPILLY ROAD,
              PALARIVATTAM. P.O.,
              ERNAKULAM DISTRICT.
              KOCHI-, PIN - 682025

              BY ADVS.
              M.M.FATHIMA JALEENA
              V.J.JAMES
              K.A.HAZAN
              K.P.WILSON
              RAMESH KUMAR K.

RESPONDENTS:
     1     THE STATION HOUSE OFFICER
           EDATHALA POLICE STATION,
           ERUMATHALA P.O., ERNAKULAM DIST,
           PIN - 683112

    2         THE DISTRICT POLICE CHIEF
              ALUVA RURAL, ALUVA,
              ERNAKULAM DISTRICT,
              PIN - 683101

    3         THE ASST. LABOUR OFFICER
              ALUVA, ERNAKULAM DIST.,
              PIN - 683101

    4         THE SECRETARY TO GOVT.
              HOME DEPARTMENT, SECRETARIATE,
              THIRUVANANTHAPURAM.,
              PIN - 695001
                                                           2024:KER:78483
WP(C) NO. 27582 OF 2024

                                  2

     5      THE CHAIRMAN, KERALA HEAD LOAD WORKERS WELFARE BOARD
            SUB COMMITTEE OFFICE,
            ALUVA. P.O., ERNAKULAM DIST,
            PIN - 683101
     6      THE SECRETARY
            HEAD LOAD & GENERAL WORKERS UNION,
            CITU, NOCHIMA UNIT, REG, NO. 388/74,
            NOCHIMA. N.A.D.P.O.
            ERNAKULAM DIST,
            PIN - 683563
     7      THE SECRETARY
            ALUVA MEKHALA GENERAL WORKERS ASSOCIATION,
            INTUC, REG. NO.301/76,
            COMPARA UNIT, NAD. P.O.,
            ERNAKULAM DIST,
            PIN - 683563

     8      THE POOL LEADER
            POOL NO. 107 UNDER THE KERALA HEAD LOAD WORKERS
            WELFARE BOARD SUB COMMITTEE,
            ALUVA, P.O. ERNAKULAM DIST.,
            PIN - 683101

            BY ADVS.
            ADVOCATE GENERAL OFFICE KERALA
            S.KRISHNA MOORTHY(ERNAKULAM)
            C.S.AJITH PRAKASH
            T.K.DEVARAJAN(K/253/1993)
            ANCY THANKACHAN(K/1704/2019)
            BABU M.(K/1324/2019)
            M.B.SOORI(K/310/2015)
            XAVIER K.K.(K/000036/2024)
            SRUTHY UNNIKRISHNAN(K/1106/2021)
            KRISHNENDU.D(K/001297/2021)

            SRI. AJITH VISWANATHAN, GOVERNMENT PLEADER.
            SRI. C.S. AJITH PRAKASH FOR R6 TO R8.
            SRI. S. KRISHNAMOORTHY STANDING COUNSEL FOR R5.
      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.10.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                             2024:KER:78483
WP(C) NO. 27582 OF 2024

                                     3




                             JUDGMENT

Dated this the 22nd day of October, 2024

The prayer in this writ petition is to direct

respondents 1 and 2 to remove the illegal and forcible

obstruction to the loading and unloading works in the

petitioner's establishment by respondents 6 to 8 and

their supporters.

2. After hearing the learned Counsel for the

petitioner this Court had, on 02.08.2024, directed the

1st respondent to ensure that no law and order issues

are created at the premises of petitioner's

establishment by respondents 6 to 8 and their men.

3. When this matter is taken up for

consideration today, learned Counsel for the petitioner

submitted that, apart from the attached registered 2024:KER:78483 WP(C) NO. 27582 OF 2024

workers having Section 26 A cards, five other persons

have been employed in the establishment for packing

and labeling. Respondents 6 to 8 are causing problems

by demanding that the registered headload workers

attached to the pool should be employed for such

work. It is submitted that an inspection can be

ordered to be conducted by the Assistant Labour

Officer to ascertain whether the additional workers are

engaged only for packing and labeling.

4. Learned Counsel for respondents 6 to 8

submitted that, going by the records, even prescribed

wages are not paid to the attached 26 A card holders,

which shows that the attempt of the petitioner is to

exploit the migrant laborers.

5. Heard, the learned Standing Counsel for the

Head Load Workers Welfare Board as also the learned

Government pleader.

2024:KER:78483 WP(C) NO. 27582 OF 2024

6. It is not in dispute that that, as on date the

petitioner has four attached 26 A card holders for

carrying out the loading works in his establishment.

As long as the loading and unloading works in the

establishment, if is done by the attached 26 A card

holders, respondents 6 to 8 cannot demand such work

and obstruct the functioning of the establishment. If,

on the other hand, unregistered workers are engaged

for loading and unloading work, the demand becomes

legitimate.

7. As directed by this court, the Assistant

Labour officer has filed a statement after inspecting the

establishment, but the statement does not reveal

whether unregistered workers are engaged for loading

and unloading work.

The writ petition is hence disposed of,

directing the police to intervene, if the work in the 2024:KER:78483 WP(C) NO. 27582 OF 2024

establishment is obstructed by respondents 5 to 8 by

demanding engagement of pool workers for the loading

and unloading works in the establishment, if the entire

loading and unloading work is carried out by the

registered workers of the petitioner. The Assistant

Labour Officer shall forthwith inspect the establishment

and ascertain whether unattached workers are being

engaged for the loading and unloading work. If the

inspection reveals that such workers are being

engaged, respondents 6 to 8 can make an application

for reopening this writ petition.

Ordered accordingly.

Sd/-

V.G.ARUN

JUDGE SSK/22/10 2024:KER:78483 WP(C) NO. 27582 OF 2024

APPENDIX OF WP(C) 27582/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE LEASE DEED DATED 08-07- 24 EXECUTED IN BETWEEN THE PETITIONER AND BUILDING OWNER M/S ZAHI RUBBERS INDIA PVT LTD

Exhibit P2 A TRUE COPY OF THE LICENSE NO. JCI-

6463/2024-25 / 545 DATED 17-07-2024 OF THE SECRETARY EDATAHALA GRAMA PANCHAYAT

Exhibit P3 TRUE COPY OF THE APPOINTMENT LETTER DATED 24-07-24 ISSUED TO SREEKESH

Exhibit P4 TRUE COPY OF THE APPOINTMENT LETTER DATED 24-07-2024 ISSUED TO KISHAN MARAK

Exhibit P5 TRUE COPY OF THE APPOINTMENT LETTER DATED 24-07-2024 ISSUED TO RAJIB UDDIN

Exhibit P6 TRUE COPY OF THE APPOINTMENT LETTER DATED 24-07-2024 ISSUED TO BAPUN PRADHAN

Exhibit P7 TRUE COPY OF THE APPOINTMENT LETTER DATED 24-07-2024ISSUED TO JUBAHIR AHAMED

Exhibit P8 TRUE COPY OF THE IDENTITY CARD NO HL.

070220100034 DATED 07-03-19 OF SRI. SREEKESH

Exhibit P9 TRUE COPY OF THE IDENTITY CARD HL.

070220100036 DATED 07-03-19 OF SRI. KISHAN MARAK

Exhibit P10 TRUE COPY OF THE IDENTITY CARD NO HL.

070220100062 DATED 09-07-24 OF SRI. RAJIB UDDIN

Exhibit P11 TRUE COPY OF THE IDENTITY CARD NO . HL.

070220100064 DATED 09-07-24 OF SRI. BAPUN PRDHAN 2024:KER:78483 WP(C) NO. 27582 OF 2024

Exhibit P12 TRUE COPY OF THE IDENTITY CARD NO . HL.

070220100066 DATED 09-07-24 OF SRI. JUBAHIR AHMAD

Exhibit P13 TRUE COPY OF THE LETTER DATED 27-07-24 [ WITHOUT ENCLOSURES ] SUBMITTED BY THE PETITIONER BEFORE THE ASST. LABOUR OFFICER, 3RD RESPONDENT

Exhibit P14 TRUE COPY OF THE LETTER DATED 27-07-24 [ WITHOUT ENCLOSURES] SENT TO THE ASST. LABOUR OFFICER, ERNAKULAM 1ST CIRCLE, WHO HAD ISSUED IDENTITY CARDS TO THE SAID FIVE HEAD LOAD WORKERS

Exhibit P15 TRUE COPY OF THE REGISTRATION CERTIFICATE NO. SH 070 790013868 DATED 25-07-2024 ISSUED BY THE ASST. LABOUR OFFICER ALUVA .

Exhibit P16 TRUE COPY OF THE EMPLOYMENT- CUM- WAGES REGISTER IN FORM NO. V FOR THE WEEK ENDING ON 27-07-24.

Exhibit P17 TRUE COPY OF THE WAGES SLIP IN FORM VI ISSUED TO ONE WORKER SRI. SREEKESH FOR THE WEEK ENDED ON 27-07-24

Exhibit P18 A TRUE COPY OF THE COMPLAINT DATED 31-07- 24 FILED BEFORE THE STATION HOUSE OFFICER, EDATHALA POLICE STATION BY THE PETITIONER ALONG WITH THE RECEIPT NO. 15286066- 2024- 5-00364 DATED 31-07-2024 OBTAINED FROM THE POLICE STATION.

RESPONDENT EXHIBITS Exhibit R8(a) A true copy of the 6A card issued to the deponent by the headload Workers Welfare Board PETITIONER EXHIBITS Exhibit P23 A true copy of the Application in Form B1 dated nil .along with the list of employees submitted before the Asst. Labour Officer, Aluva.

2024:KER:78483 WP(C) NO. 27582 OF 2024

Exhibit P19 A true copy of the GST Registration Certificate No. 32AABCB2128GIZC Dated 12/08/2024 of M/s. Beeta Traders and Agencies Pvt. Ltd.

Exhibit P20 A true copy of the Order dated 11/07/2019 in Writ Petition No. W.P.(C) 17862/2019 of this Honble Court.

Exhibit P 21 True copy of the Order No. 655/2024 dated 09-07-2024 of the Asst. Labour Officer, Ernakulam 1st Circle

Exhibit P22 A true copy of the Register of employment and wages for the week ended on 03-08-2024 verified by the Asst. Labour Officer, Aluva

Exhibit P24 A TRUE COPY OF THE COMPLAINT DATED 13-08- 24 ALONG WITH THE RECEIPT NO. 15286066- 2024-5-00383 DATED 14-08-2024 OBTAINED FROM THE 1ST RESPONDENT.

Exhibit P25 TRUE COPY OF THE PHOTOGRAPHS REGARDING THE THREATENING AND OBSTRUCTIONS AND THE DRAGGING OF SRI. SREEKESH WITHIN THE PREMISES ON 23-08-2024

Exhibit P26 A TRUE COPY OF THE MUSTER ROLL CONTAINING THE NAMES OF ALL ELEVEN EMPLOYEES IN THE ESTABLISHMENT FOR THE MONTH OF AUGUST 2024.

Exhibit P27 . A TRUE COPY OF THE COMPLAINT DATED 23- 08-2024 ALONG WITH THE RECEIPT NO. 15286066-2024-5-00395 DATED 23-08-2024 OBTAINED FROM THE 1ST RESPONDENT.

Exhibit P28 A TRUE COPY OF THE REGISTRATION CERTIFICATE NO. SH070790013868 DATED 25- 07-2024, ENHANCING THE NUMBER OF EMPLOYEES FROM 6 TO 11, AMENDED AND ISSUED BY THE 3RD RESPONDENT.

2024:KER:78483 WP(C) NO. 27582 OF 2024

RESPONDENT EXHIBITS Exhibit R8(b) A true copy of the agreement between the GEEBEE Logistics Pvt Ltd and the Union office bearers dated Nil

TRUE COPY P.A. TO JUDGE