Kerala High Court
John Peter.S vs Sitics Logistic Solutions Pvt.Ltd on 20 February, 2025
2025:KER:15670
W.A.No.772 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
THURSDAY, THE 20TH DAY OF FEBRUARY 2025 / 1ST PHALGUNA, 1946
WA NO. 772 OF 2024
AGAINST THE JUDGMENT DATED 15.11.2023 IN WP(C) NO.296
OF 2023 OF HIGH COURT OF KERALA
APPELLANTS:
1 JOHN PETER.S
AGED 51 YEARS
S/O SOWRIYAR, POOL LEADER, POOL NO.6,
PAMPUPARA (I.N.T.U.C. UNIT), CHANDRAPURAM P.O.,
WALAYAR, PALAKKAD DISTRICT, PIN - 678624.
2 ANTHONISWAMY.A
AGED 44 YEARS
S/O ARULAPPAN, POOL LEADER, POOL NO.6,
PAMPUPARA (C.I.T.U. UNIT), RESIDING AT GOUNDER
GURUSWAMY HOUSE, PAMPUPARA, CHANDRAPURAM P.O.,
WALAYAR, PALAKKAD DISTRICT, PIN - 678624.
BY ADVS.
T.C.SURESH MENON
B.DEEPAK
NIKITHA K.V.
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W.A.No.772 of 2024
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RESPONDENTS/PETITIONER & RESPONDENTS:
1 SITICS LOGISTIC SOLUTIONS PVT.LTD
18/802, ENGLISH CHURCH ROAD, PALAKKAD,
PIN - 678014, REPRESENTED BY ITS DIRECTOR AND
CHIEF OPERATING OFFICER HARIDAS.T
2 SUPERINTENDENT OF POLICE
O/O. SUPERINTENDENT OF POLICE, PALAKKAD DISTRICT,
PIN - 678010.
3 THE STATION HOUSE OFFICER
WALAYAR POLICE STATION, WALAYAR,
PALAKKAD, PIN - 678624.
4 KERALA STATE HEAD LOAD WORKERS WELFARE FUND
BOARD, PALAKKAD
CROWN TOWER, CHANDAPURA, KUZHALMANNAM,
KUZHALMANNAM, PALAKKAD REPRESENTED BY ITS
SECRETARY, PIN - 678702
5 SANDHYAGU
S/O SOWERIYAR, NARAYM VEEDU, PAMPUPARA, WALAYAR,
PUDUSSERY EAST, PALAKKAD DISTRICT, PIN - 678624
6 DUARAI WILLIAM
S/O. RAJAMANICKAM, THANDAKKARAN, PAMPUPARA,
WALAYAR, PUDUSSERY EAST, PALAKKAD DISTRICT, PIN -
678624
7 BIJUMON.C
AGED 52 YEARS
S/O. JAYARAJAN, CHERIYAMUNDATHU, POOKITHA,
TALAKKAD, MANGATTIRI P.O, MALAPPUARM DISTRICT,
PIN - 676150
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W.A.No.772 of 2024
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BY ADVS.
GOVT.PLEADER - FOR R2 & R3
SRI.RANJIT BABU
SRI.S.KRISHNA MOORTHY, SC, KHWWB
SRI.THOMAS ABRAHAM
SRI.VINEETH KOMALACHANDRAN
SMT.S.PARVATHI
SMT.KALLIYANI KRISHNA.B.
SRI.K.B.ARUNKUMAR(K/293/2000)
SMT.POOJA K.S.(K/000244/2021)
OTHER PRESENT:
SRI.PAUL BABY
SRI.VINOD RAVINDRANATH FOR R7
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
20.02.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.A.No.772 of 2024
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NITIN JAMDAR, C.J.
&
S.MANU, J.
--------------------------------------------------
W.A.No.772 of 2024
-------------------------------------------------
Dated this the 20th day of February, 2025
JUDGMENT
S.MANU, J.
First Respondent claims to be engaged in the business of
providing various logistics services, warehousing, transportation, and
delivery. It claims that it is functioning as C&F agent of subsidiary
company of M/s. Reliance Retail Ltd. It approached police authorities
seeking protection alleging that on 7 December 2022 when some
materials were brought to a warehouse operated by the Petitioner at
Chandrapuram, Walayar, Palakkad the same was objected by
Respondents 5 and 6 and men under them. According to the 1 st
Respondent, on 28 December 2022 also, Respondents 5 and 6
obstructed the unloading of materials demanding that they shall be
engaged for unloading.
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2. First Respondent approached this Court in W.P.(C)No.296/2023
praying for a direction to the Respondents 2 and 3 to provide adequate
police protection to carry out loading and unloading work in the
warehouse without obstruction from the Respondents 5 and 6 and
their men. The 1st Respondent claimed that the area where the
warehouse is functioning is not covered by the Scheme under the
Kerala Head load Workers Act. Interim order was passed on 16
January 2023 that if the area is not a scheme covered area and if the 1 st
Respondent faces any obstruction from the Respondents 5 and 6
herein, the SHO concerned shall provide adequate protection for
carrying out the activities. By judgment dated 15 November 2023 the
learned Single Judge disposed the writ petition making the interim
order absolute.
3. The learned counsel for the Appellants submitted that the area is
actually scheme covered and the Respondent obtained a favourable
judgment by misleading the Court. He also submitted that the
Respondents 5 and 6 did not represent the interest of the registered
head load workers of the area. He therefore prayed that the judgment
of the learned Single Judge may be set aside and the writ petition be
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dismissed. Learned counsel for the 1 st Respondent opposed the prayers
in the writ appeal.
4. We have heard the learned Government Pleader and learned
Standing Counsel for the Head Load Workers Board also.
5. The competent authority under the Kerala Head Load Workers
Act, 1978 and the Rules made thereunder, to regulate the registration
and other aspects regarding the work of head load workers is the Kerala
State Head Load Workers Welfare Fund Board. We are of the view that
if the 1st Respondent has any dispute regarding the claims of the
Appellants or any other head load workers, the remedy is to approach
the 4th Respondent. Same way, the registered head load workers shall
also approach the Board if their rights are affected by denial of
engagement by the 1st Respondent. Rights and liabilities of neither the
1st Respondent nor the head load workers can be decided in a writ
petition seeking police protection. Dispute as to whether the area is
covered by the scheme or not can also be decided by the Board.
6. In view of above discussion, we set aside the impugned judgment
in W.P.(C)No.296/2023 dated 15 November 2023. As clarified in the
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preceding paragraphs all parties shall be at liberty to approach the 4 th
Respondent for resolution of any subsisting disputes.
7. Writ Appeal is disposed of as above.
Sd/-
NITIN JAMDAR
CHIEF JUSTICE
Sd/-
S.MANU
JUDGE
skj
2025:KER:15670
PETITIONERS' ANNEXURES
Annexure-A TRUE COPY OF IDENTITY CARD ISSUED BY
THE ASSISTANT LABOUR OFFICER, PALAKKAD
TO THE 1ST APPELLANT, DATED -NIL-
Annexure-B TRUE COPY OF IDENTITY CARD ISSUED BY
THE ASSISTANT LABOUR OFFICER, PALAKKAD
TO THE 2ND APPELLANT, DATED -NIL-
Annexure-C TRUE COPY OF THE IDENTITY CARD ISSUED
BY THE 4TH RESPONDENT TO THE 1ST
APPELLANT, DATED 15.4.2024.
Annexure-D TRUE COPY OF THE IDENTITY CARD ISSUED
BY THE 4TH RESPONDENT TO THE 2ND
APPELLANT, DATED 15.4.2024.
Annexure-E TRUE COPY OF THE RECEIPT, DATED
13.5.2024 EVIDENCING THE PAYMENT TO THE
KERALA HEADLOAD WORKERS WELFARE BOARD,
PUDUSSERY SUB COMMITTEE FOR THE PERIOD
UP TO 13.5.2024.
