Kerala High Court
Binu George vs The Assistant Commissioner Of Police on 22 October, 2025
W.P.(C) No.9787 of 2022 1
2025:KER:78597
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 22ND DAY OF OCTOBER 2025 / 30TH ASWINA, 1947
WP(C) NO. 9787 OF 2022
PETITIONER:
BINU GEORGE, AGED 42 YEARS
SON OF D.GEORGE,SOLE PROPRIETOR,JB STORES,
KALLELIBHAGAM P.O.,KARUNAGAPPALLY
RESIDING AT BETHEL,KALLILIBHAGAM P.O.,
KARUNAGAPPALLY, KOLLAM, PIN - 690519
BY ADVS. SRI.T.S.HARIKUMAR
SRI.P.B.SAHASRANAMAN
RESPONDENTS:
1 THE ASSISTANT COMMISSIONER OF POLICE
KARUNAGAPPALLY, KARUNAGAPPALLY P.O,KOLLAM,
PIN - 690518
2 THE STATION HOUSE OFFICER
KARUNAGAPPALLY POLICE STATION,KARUNAGAPPALLY P.O.,
KOLLAM, PIN - 690518
3 THE HEADLOAD WORKERS WELFARE FUND BOARD
IIND FLOOR,USHAS BUILDING,NEAR STONE
BRIDGE,CHAMAKKADA,KOLLAM PIN - 691001
REPRESENTED BY ITS CHAIRMAN
4 I.N.TU.C, KALLELIBHAGAM UNIT,KALLELIBHAGOM
P.O.,KARUNAGAPPALLY, KOLLAM PIN - 690519
REPRESENTED BY ITS CONVENOR,ANAS
AGE AND ADDRESS NOT KNOWN TO THE PETITIONER
R3 BY ADV. SRI.K.SIJU
R4 BY ADV.SRI.T.GOPALAKRISHNAN
OTHER PRESENT:
GP- NIMA JACOB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.9787 of 2022 2
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VIJU ABRAHAM, J.
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W.P.(C) No.9787 of 2022
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Dated this the 22nd day of October, 2025
JUDGMENT
Petitioner has approached this Court seeking a direction to
respondents 1 and 2 to grant adequate and efficacious protection for the
works in the petitioner's shops covered by Exts.P1 to P3 licences
including loading and unloading by engaging his own employees and to
the life of the petitioner and his employees.
2. The specific case of the petitioner is that he is
running an establishment by name JB stores engaged in the sale of
cement, steel and rice and running a provision store in ward Nos.19 and
20 of Thodiyoor Grama Panchayat. Petitioner has got his own four
employees. The 4th respondent trade union made a claim for
engagement of their members for loading and unloading works in the
shop. It is the specific case of the petitioner that the shops of the
petitioner are situated not in a scheme covered area under the Kerala
Headload Workers Act. It is in the said circumstance that the present writ
petition has been filed seeking police protection.
3. When the matter came up for consideration on
24.03.2022, this Court has passed an interim order to the effect that in
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case the area in question is not a scheme covered area, protection shall
be granted by the 2nd respondent for carrying out loading and unloading
works in the licensed premises of the petitioner.
4. A detailed statement has been filed by the 3 rd
respondent, wherein paragraph 3 reads as follows:
"3. It is submitted that the writ petition is filed misconceiving
the facts involved. The area mentioned in the writ petition covered
by the Scheme implemented area under the Kerala Headload
Workers (Regulation of Employment and Welfare) Scheme 1983.
Functional operation of the Scheme is in force from 1.1.2022 and
pools are constituted under Clause 20 of the 1983 Scheme. As part
of the functional operation of the scheme, the writ petitioner was
directed to get registration as registered employer under Clause 7 of
the 1983 Scheme, but so far he had not obtained registration. The
business establishments of the petitioner used to employ
unattached headload workers even before the functional operation
is started in the area. Once the functional operation is started he is
not willing to employ pool workers in accordance with the Headload
Workers Act, Rules and Schemes thereunder."
As per the statement filed, the area in which the shops of the
petitioner are situated is a scheme implemented area under the Kerala
Headload Workers (Regulation of Employment and Welfare) Scheme,
1983 and the functional operation of the scheme is in force from
01.01.2022 onwards. In the above facts and circumstances, I am of the
view that no order could be granted in favour of the petitioner and
accordingly the writ petition is dismissed. It is made clear that the
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dismissal of the writ petition will not stand in the way of the petitioner
getting registration of his own employees as per Rule 26A of the Kerala
Headload Workers Rules.
Sd/-
VIJU ABRAHAM
JUDGE
cks
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APPENDIX OF WP(C) 9787/2022
PETITIONER EXHIBITS
Exhibit P.1 THE TRUE PHOTOSTAT COPY OF THE LICENCE
ISSUED BY THE THODIYOOR GRAMA PANCHAYAT
UNDER KERALA PANCHAYAT TAJ ACT FOR THE
BUSINESS OF CEMENT AND STEEL DATED 04-
08-2021
Exhibit P.2 THE TRUE PHOTOSTAT COPY OF THE LICENCE
ISSUED BY THE THODIYOOR GRAMA PANCHAYAT
UNDER KERALA PANCHAYAT TAJ ACT FOR THE
BUSINESS OF RICE DATED 04-08-2021
Exhibit P.3 THE TRUE PHOTOSTAT COPY OF THE LICENCE
ISSUED BY THE THODIYOOR GRAMA PANCHAYAT
UNDER KERALA PANCHAYAT TAJ ACT FOR THE
PROVISIONAL STORE DATED 17-09-2021
Exhibit P.4 THE TRUE PHOTOSTAT COPY OF THE
REGISTRATION CERTIFICATE ISSUED BY THE
ALO KARUNAGAPPALLY, DATED 02-03-2022
Exhibit P.5 THE TRUE PHOTOSTAT COPY OF THE PETITION
FILED BY THE PETITIONER BEFORE THE 1ST
RESPONDENT DATED 10-03-2022
Exhibit P.6 THE TRUE PHOTOSTAT COPY OF THE PETITION
FILED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT DATED 10-03-2022
