Kerala High Court
M/S Heera Plywoods vs State Of Kerala on 5 March, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:18899
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 5TH DAY OF MARCH 2025/14TH PHALGUNA, 1946
WP(C) NO. 6043 OF 2023
PETITIONER:
M/S HEERA PLYWOODS,
MUTTATHUMUKAL, METHALA PO,
REPRESENTED BY ITS MANAGING PARTNER THANSEEL P.A,
SON OF K ABDHUL REHMAN, RESIDING AT PLACKEAL HOUSE,
PARAPPURAM, PRUMBAVOOR, PIN - 683 542.
BY ADVS.
PEEYUS A.KOTTAM
RAGESH CHAND R.G.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,
SECRETARIAT, THIRUVANATHAPURAM, PIN - 695 001.
2 STATION HOUSE OFFICER,
KURUPPAMPADY POLICE STATION, KURUPPAMPADY P.O,
ERNAKULAM DISTRICT, PIN - 683 545.
3 SUB INSPECTOR OF POLICE,
KURUPPAMPADY POLICE STATION, KURUPPAMPADY P.O,
ERNAKULAM DISTRICT, PIN - 683 545.
4 KERALA HEADLOAD WORKERS WELFARE BOARD - KHWWB
ERNAKULAM DISTRICT COMMITTEE, KUMMANCHERRY BUILDING,
FLOWER JUNCTION, T.D.ROAD, ERNAKULAM,
REPRESENTED BY ITS CHAIRMAN., PIN - 682 035.
W.P.(C).No.6043 of 2023
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5 ASSISTANT LABOUR OFFICER,
PERUMBAVOOR, MINI CIVIL STATION, POOPPANI ROAD,
PERUMBAVOOR, KERALA, PIN - 683 543.
6 ERNAKULAM DISTRICT HEADLOAD & GENERAL WORKERS UNION
(CITU), MUTTATHUMUGAL UNIT, METHALA P.O,
PERUMBAVOOR, REPRESENTED BY SECRETARY V.R.SUBASH.,
PIN - 683 545.
7 HEADLOAD WORKERS UNION (AITUC),
MUTTATHUMUGAL UNIT, METHALA P.O, PERUMBAVOOR,
REPRESENTED BY SECRETARY K.NARAYANAN,
PIN - 683 545.
8 HEADLOAD WORKERS UNION (INTUC)
MUTTATHUMUGAL UNIT, METHALA P.O, PERUMBAVOOR,
REPRESENTED BY SECRETARY V.P.SALIM,
PIN - 683 545.
9 BHARATIYA MAZDOOR SANGH (BMS),
PERUMBAVOOR MEKHALA SAMIDI, COURT ROAD, PERUMBAVOOR,
REPRESENTED BY ITS SECRETARY SRI UNNIKRISHNAN K G.,
PIN - 683 545.
BY ADVS.
GOVERNMENT PLEADER
K.S.ARUN KUMAR
GP SRI B S SYAMANTHAK
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
05.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 5th day of March, 2025
The Writ Petition is filed to direct the respondents 2 and
3 to afford adequate police protection to the petitioner's and
their permanent employees to do the loading and unloading
work and other activities in the petitioner's factory.
2. When the writ petition came up for consideration on
22.02.2023, this Court passed the following the order:
"Standing Counsel representing the 4th respondent submits
that though the Kerala Headload Workers (Regulation of Employment
and Welfare) Scheme, 1983 is notified, it has not been operationalised
as on date in the area in question and the Scheme will be
operationalised soon.
2. Admit.
3. Government Pleader takes notice for respondents 1 to 3
and 5. Standing Counsel takes notice for the 4th respondent. Issue
urgent notice by speed post to 6 to 9.
Pending disposal of the writ petition, there will be an interim
order directing respondents 2 and 3 to provide adequate and effective
police protection to the petitioner and their permanent employees,
mentioned in Exts.P2 to P6, to do loading and unloading activities in
the factory premises."
3. The above order has been in force since the above
date.
4. On a consideration of facts and materials on record,
particularly that the petitioner's establishment is not situated in a
2025:KER:18899
scheme-covered area, I am of the view that the interim order is to
be made absolute.
Resultantly, the writ petition is disposed of by making
the interim order dated 22.02.2023 absolute.
Sd/-
C.S.DIAS
JUDGE
ADS
2025:KER:18899
APPENDIX OF WP(C) 6043/2023
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE ACKNOWLEDGMENT CARD
ISSUED BY THE K-SWIFT TOWARDS THE RECEIPT OF
APPLICATION DATED 22.07.2021.
EXHIBIT P2 THE TRUE COPY OF THE ONLINE APPLICATION NO.
393115 SUBMITTED BY THE PETITIONER'S
PERMANENT EMPLOYEE SUSANTA PATI BEFORE THE
ASSISTANT LABOUR OFFICER DATED 15.02.2023.
EXHIBIT P3 THE TRUE COPY OF THE ONLINE APPLICATION
NO.393119, SUBMITTED BY THE PETITIONER'S
PERMANENT EMPLOYEE MUHAMMED HAMDHAN M J,
DATED 15.2.2023
EXHIBIT P4 THE TRUE COPY OF THE ONLINE APPLICATION
NO.393117 SUBMITTED BY THE PETITIONER'S
PERMANENT EMPLOYEE AHAD ALI SHAH DATED
15.2.2023.
EXHIBIT P5 THE TRUE COPY OF THE ONLINE APPLICATION NO.
393118 SUBMITTED BY THE PETITIONER'S
PERMANENT EMPLOYEE ALAHAMAD MONDAL DATED
15.02.2023
EXHIBIT P6 THE TRUE COPY OF THE ONLINE APPLICATION NO.
393120 SUBMITTED BY THE PETITIONER'S
PERMANENT EMPLOYEE BINU M.S DATED 15.02.2023.
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED
15.02.2023 SUBMITTED BY THE PETITIONER BEFORE
THE CIRCLE INSPECTOR OF POLICE, KURUPPAMPADY
POLICE STATION SEEKING POLICE PROTECTION
AGAINST RESPONDENTS 6 TO 9.
EXHIBIT P8 TRUE COPY OF THE RECEIPT DATED 15.02.2023
ISSUED FROM THE KURUPPUMPADY POLICE STATION
TOWARDS THE RECEIPT OF REPRESENTATION
SUBMITTED BY THE PETITIONER.
