Kerala High Court
Antony Alby V.J vs The Station House Officer on 13 September, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:71817
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
WP(C) NO. 32219 OF 2024
PETITIONERS:
1 ANTONY ALBY V.J
AGED 45 YEARS
S/O JOSEPH, VENATT HOUSE, OCHANTHURUTH P O,
ELAMKUNNAPUZHA, ERNAKULAM DISTRICT, PIN - 682508
2 DENNY DANIEL
AGED 40 YEARS
S/O SEBASTIAN, KALARIKKAL HOUSE, PALLURITHI P O,
ERNAKULAM DISTRICT., PIN - 682006
BY ADVS.
T.A.UNNIKRISHNAN
T. SREELAKSHMI UNNIKRISHNAN
LEKSHMI BABU.B.S.
RESPONDENTS:
1 THE STATION HOUSE OFFICER
NJARAKKAL POLICE STATION, ERNAKULAM DISTRICT., PIN -
682505
2 THE ASSISTANT LABOUR OFFICER,
SECOND CIRCLE, KOCHI , FORT KOCHI, PIN - 682001
3 HEAD LOAD WORKERS UNION, ( CITU)
UNIVERSITY JUNCTION, SOUTH PUTHUVYPE, KOCHI REPRESENTED
BY ITS SECRETARY., PIN - 682508
WP(C)No.32219 of 2024 2024:KER:71817
2
4 HEAD LOAD WORKERS UNION (INTUC)
UNIVERSITY JUNCTION, SOUTH PUTHUVYPE, KOCHI
REPRESENTED BY ITS SECRETARY., PIN - 682508
5 HEAD LOAD WORKERS UNION (BMS)
UNIVERSITY JUNCTION, SOUTH PUTHUVYPE, KOCHI
REPRESENTED BY ITS SECRETARY., PIN - 682508
6 KERALA HEAD LOAD WORKERS WELFARE BOARD
P.B.NO.2017, SRM ROAD, ERNAKULAM NORTH, KALOOR,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, 682018
(IMPLEADED AS ADDITIONAL 6TH RESPONDENT AS PER ORDER
DATED 13.09.2024 IN I.A.NO.1 OF 2024)
SRI. P.S.APPU, G.P.,
SRI.S.KRISHNAMOORTHY,S.C. FOR ADDL.R6
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.32219 of 2024 2024:KER:71817
3
JUDGMENT
Dated this the 13th day of September, 2024
The petitioners are seeking police
protection for the conduct of their establishment,
engaged in iron fabrication work. According to the
petitioners, who are partners of the firm, the work is
carried out by the partners themselves, with the
assistance of two other persons.
2. Learned counsel for the petitioners
contended that the work was being carried out
without any let or hindrance and recently,
respondents 3 to 5 came forward with a demand that
the members of their Union should be engaged for
the work.
3. Learned Standing Counsel for the 6 th
respondent Board submits that the area in which the
petitioners' establishment is situated is notified under
WP(C)No.32219 of 2024 2024:KER:71817
the Kerala Headload Workers (Regulation and
Employment and Welfare) Scheme, 1983 and the two
workers, engaged by the petitioners are not registered
headload workers. Being so, the petitioners are bound
to engage the registered headload workers of the area
for the loading and unloading works in their
establishment.
4. Learned counsel for the petitioners
submitted that, Section 26A applications (Exhibits P2
and P3), with respect to the two workers, are pending
before the Assistant Labour Officer and hence, the 2 nd
respondent ought to be directed to pass orders on
those applications. It is further submitted that till
orders are passed, the petitioners themselves will carry
out the work and the police should be directed to
intervene, if the work is obstructed.
5. Heard, the learned Government Pleader also.
WP(C)No.32219 of 2024 2024:KER:71817
Based on the submissions above, the writ
petition is disposed of, directing the 2 nd respondent to
take up Exhibits P2 and P3 applications and pass
orders thereon within one month. In the meanwhile, if
the loading and unloading works in the establishment,
carried out by the petitioners themselves, is obstructed
by members of respondents 3 to 5 Unions, the 1 st
respondent shall intervene and do the needful.
Sd/-
V.G.ARUN
JUDGE
SSK/13/9
WP(C)No.32219 of 2024 2024:KER:71817
APPENDIX OF WP(C) 32219/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE GST REGISTRATION
CERTIFICATE NO 32ABUFA4769MIZQ ISSUED BY
GOVERNMENT OF INDIA, DATED 7/10/2021
Exhibit P2 TRUE COPY OF THE APPLICATION DATED 8/4/2024
SUBMITTED BY THE WORKER NAME JINEEPH P.J ON
13/5/2024
Exhibit P3 TRUE COPY OF THE APPLICATION DATED 8/4/2024
SUBMITTED BY JOHNSON P CABRAL DATED
13/5/2024
Exhibit P4 TRUE COPY OF THE SAID COMPLAINT DATED
06/09/2024SUBMITTED BY THE PETITIONER TO
THE 1ST RESPONDENT
TRUE COPY
P.A. TO JUDGE
