K.C.Raveendran Nair vs The Assistant Labour Officer
2024 Latest Caselaw 25861 Ker

Kerala High Court

K.C.Raveendran Nair vs The Assistant Labour Officer on 30 September, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

                                            2024:KER:72652

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                        PRESENT

          THE HONOURABLE MR.JUSTICE N.NAGARESH

MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946

                WP(C) NO. 15479 OF 2024

PETITIONER:

         K.C.RAVEENDRAN NAIR
         AGED 59 YEARS
         S/O CHELLAPPAN PILLAI,
         INDEEVARAM, THONDANKULANGARA WARD,
         ARYAD SOUTH, ALAPPUZHA,
         PIN - 688006


         BY ADVS.
         K.S.SAJEEV KUMAR
         BISMI T.A.
         RAMESH.P.N.
         MOHANDAS K.CHACKO
         SUKESAN P.S.




RESPONDENTS:

    1    THE ASSISTANT LABOUR OFFICER
         OFFICE OF THE LABOUR OFFICER,
         KIDANGAMPARAMBU,
         ALAPPUZHA DISTRICT, PIN - 688013

    2    THE STATION HOUSE OFFICER
         NORTH POLICE STATION,
         BAZAR.P.O, ALAPPUZHA DISTRICT,
         PIN - 688012
                                            2024:KER:72652
WP(C) NO.15479 OF 2024
                              2



    3     AITUC
          POTHUMARAMATHU CONSTRUCTION,
          LANDING AND LOADING THOZHILALI UNION,
          MULLACKAL,
          ALAPPUZHA DISTRICT-688013,
          REPRESENTED BY ITS GENERAL SECRETARY,
          PIN - 688013

    4     CITU
          CONSTRUCTION LABOUR UNION BOAT CREW OFFICE,
          ALAPPUZHA DISTRICT-688011,
          REPRESENTED BY ITS DISTRICT SECRETARY,
          PIN - 688011

    5     UTUC
          CONSTRUCTION LABOUR UNION,
          NEAR STONE BRIDGE, MULLACKAL,
          ALAPPUZHA DISTRICT-688013,
          REPRESENTED BY ITS DISTRICT SECRETARY,
          PIN - 688013

    6     INTUC
          CONSTRUCTION AND CHUMATTU THOZHILALY CONGRESS,
          MARKET WARD, ALAPPUZHA DISTRICT,
          PIN-688001,
          REPRESENTED BY ITS GENERAL SECRETARY,
          PIN - 688001

    7     BMS
          CONSTRUCTION AND GENERAL MAZDOOR SANGH,
          THONDANKULANGARA, ALAPPUZHA DISTRICT,
          PIN-688013,
          REPRESENTED BY ITS GENERAL SECRETARY,
          PIN - 688013

    8     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY,
                                              2024:KER:72652
WP(C) NO.15479 OF 2024
                              3

          DEPARTMENT OF LABOUR,
          THIRUVANANTHAPURAM, PIN - 695001

          SMT.SHEEJA C.S,SR.GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP         FOR
ADMISSION ON 30.09.2024, THE COURT ON THE SAME         DAY
DELIVERED THE FOLLOWING:
                                                 2024:KER:72652
WP(C) NO.15479 OF 2024
                                 4




                            JUDGMENT

Dated this the 30th day of September, 2024

The petitioner, who is a retired LIC Officer, is

aggrieved by the illegal obstructions caused by the headload

workers under respondents 3 to 7-Unions.

2. The petitioner states that he is constructing a

residential building and a Building Permit has been already

obtained by him. Ext.P1 is the self certified Building Permit.

3. As the Kerala Headload Workers Act would apply

only to Establishments, which term is defined to be

Establishments specified in the schedule, and since

construction of residential buildings for own use would not

fall within the ambit of the term Establishments, the

headload workers cannot as of right claim any right over

loading and unloading work in connection with the 2024:KER:72652 WP(C) NO.15479 OF 2024

construction of residential building of the petitioner, for own

use.

4. Respondents 1 and 2 are therefore directed to

take necessary action so as to enable the petitioner to

complete the residential building construction work without

any hindrance from respondents 3 to 7. This will be without

prejudice to the right of respondents 3 to 7, if any, to raise

dispute under appropriate labour authorities.

The writ petition is disposed of as above.

Sd/-

N.NAGARESH JUDGE hmh 2024:KER:72652 WP(C) NO.15479 OF 2024

APPENDIX OF WP(C) 15479/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE SELF CERTIFIED BUILDING PERMIT ISSUED BY THE ALAPPUZHA MUNICIPAL COUNCIL VIDE FILE NO.195254-2024 DATED 12.02.2024

Exhibit P2 A TRUE COPY OF THE COMPLAINT DATED 5.03.2024 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT