M/S. R.K. Ventures vs The District Superintendent Of Police
2024 Latest Caselaw 28416 Ker

Kerala High Court

M/S. R.K. Ventures vs The District Superintendent Of Police on 25 September, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

WA No.1512/2024                            1/3

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
            THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED MUSTAQUE
                                          &
                          THE HONOURABLE MR. JUSTICE S.MANU
           Wednesday, the 25th day of September 2024 / 3rd Aswina, 1946
                                WA NO. 1512 OF 2024
        AGAINST JUDGMENT DATED 09.09.2024 IN WP(C) 4739/2024 OF THIS COURT
   APPELLANT(S)/PETITIONER:

          M/S. R.K. VENTURES, AGED 54 YEARS, REPRESENTED BY ITS MANAGING
          PARTNER REGI. M. KURIAKOSE, DOOR NO.1/301/C, AMBUNADUKARA,
          MALAYIDAMTHURUTH, KIZHAKKAMBALAM, ERNAKULAM DISTRICT., PIN - 683561

    BY ADVS.M/S. S.SREEKUMAR (SR.), BABY KURIAKOSE

   RESPONDENT(S)/RESPONDENTS:

      1. THE DISTRICT SUPERINTENDENT OF POLICE ERNAKULAM (RURAL), ALUVA, PIN
         - 683101
      2. THE DEPUTY SUPERINTENDENT OF POLICE, PERUMBAVOOR, ERNAKULAM
         DISTRICT., PIN - 683542
      3. THE STATION HOUSE OFFICER, THADIYITTAPARAMBU POLICE STATION,
         VAZHAKULAM (P.O), ERNAKULAM DISTRICT., PIN - 683105
      4. ASSISTANT LABOUR OFFICER, MINI CIVIL STATION, PERUMBAVOOR., PIN -
         683542
      5. THE SOCIAL DEMOCRATIC TRADE UNION (SDTU), REPRESENTED BY ITS UNIT
         CONVENER, MALAYIDAMTHURUTH, MALAYIDAMTHURUTH (P.O), ERNAKULAM
         DISTRICT., PIN - 683561
      6. ERNAKULAM DISTRICT LOADING AND UNLOADING WORKERS UNION (INTUC),
         REPRESENTED BY ITS UNIT CONVENER, MALAYIDAMTHURUTH, MALAYIDAMTHURUTH
         (P.O), ERNAKULAM DISTRICT., PIN - 683561
      7. HEAD LOAD WORKERS POOL NO.59, REPRESENTED BY ITS POOL LEADER,
         MALAYIDAMTHURUTH, MALAYIDAMTHURUTH (P.O), ERNAKULAM DISTRICT., PIN -
         683561
      8. KERALA HEADLOAD WORKERS WELFARE FUND BOARD REPRESENTED BY ITS
         CHAIRMAN, PUTHENCRUZ SUB COMMITTEE, PUTHENCRUZ (P.O), ERNAKULAM
         DISTRICT., PIN - 682308
      9. ADDL. R9. M/S. INDUS TOWERS LIMITED, REP. BY MANAGER-LEGAL (KERALA
         CIRCLE) V.G. SANKARAN, HAVING ITS REGISTERED OFFICE AT BUILDING NO.
         10, TOWER A, 4TH FLOOR, DLF CYBER CITY, GURGAON, HARYANA -122002 AND
         HAVING ITS BRANCH OFFICE AT 8TH FLOOR, VANKARATH TOWERS,
         PALARIVATTOM, COCHIN, KERALA-682025 IS IMPLEADED AS ADDL. R9 AS PER
         ORDER DATED 08.04.2024 IN I.A. 2/2024 IN THE WP(C), PIN - 682025

    BY GOVERNMENT PLEADER FOR R1 TO R4


        Prayer for interim relief in the Writ Appeal stating that in the
   circumstances stated in the appeal memorandum, the High Court be pleased
   to stay the operation and implementation of the judgment dated 09-09-2024
 WA No.1512/2024                          2/3

   in W.P(C ) No.4739 of 2024 of this Hon'ble Court and direct Respondents 1
   to 3 to provide adequate protection for free ingress and egress of lorries
   carrying articles to warehouse of the Appellant situated at
   Malayidamthuruthand, protection to its workers for loading and unloading
   of goods, pending disposal of this writ appeal.


        This Writ Appeal coming on for orders on 25/09/2024 upon perusing
   the appeal memorandum, the court on the same day passed the following:
 WA No.1512/2024                               3/3




                                         ORDER

In the light of the nature of dispute, we direct both the parties to appear before the Assistant Labour Officer, Perumbavoor on 26/09/2024 at 12.00 p.m. The Assistant Labour Officer shall examine the nature of the goods handled by the workers engaged by the petitioner to report whether it is such a nature which falls under the category of Section 2(m) r/w Section 9A of the Kerala Headload Workers(Regulation of Employment and Welfare)Scheme, 1983. Each goods will have to be examined from the purview of the above provisions and report before this Court.

Learned Government Pleader is directed to get the report.

Post on 27/09/2024.

Sd/- A.MUHAMED MUSTAQUE ACTING CHIEF JUSTICE

Sd/- S.MANU JUDGE

25-09-2024 /True Copy/ Assistant Registrar