Kerala High Court · 2012

BY ADVS.SRI.V.V.ASOKAN SRI.K.I.MAYANKUTTY MATHER SRI.P.P.RAMACHANDRAN SMT.M.RAMANYA GAYATHRI RESPONDENT(S): ------------------------

1. COMMISSIONER OF POLICE, CALICUT CITY, KOZHIKODE 673 001.

2. CIRCLE INSPECTOR OF POLICE NADAKKAVU POLICE STATION, NADAKKAVU CALICUT 673 011.

3. SUB INSPECTOR OF POLICE VELLAYIL POLICE STATION, VELLAYIL, CALICUT 673 032.

4. ASSISTANT LABOUR OFFICER KOZHIKODE 3RD CIRCLE, CIVIL STATION KOZHIKODE 673 032. W.P.(C).NO.11676 OF 2012 H

5. INTUC (HEAD LOAD WORKERS GANDHI ROAD UNIT) GANDHI ROAD, KOZHIKODE 673 032 REPRESENTED BY ITS PRESIDENT.

6. KOYA MON MEMBER, INTUC HEAD LOAD WORKERS GANDHI ROAD UNIT GANDHI ROAD, KOZHIKODE 673 032.

7. MUSTHAFA K.P MEMBER, INTUC HEAD LOAD WORKERS GANDHI ROAD UNIT GANDHI ROAD, KOZHIKODE 673 032

8. SHARSHAD N.P MEMBER, INTUC HEAD LOAD WORKERS GANDHI ROAD UNIT GANDHI ROAD, KOZHIKODE 673 032

9. V.M.SABIN MEMBER, INTUC HEAD LOAD WORKERS GANDHI ROAD UNIT GANDHI ROAD, KOZHIKODE 673 032

10. THARIFF K.P MEMBER, INTUC HEAD LOAD WORKERS GANDHI ROAD UNIT GANDHI ROAD, KOZHIKODE 673 032

11. N.P.MUHAMMED RAFEEQ MEMBER, INTUC HEAD LOAD WORKERS GANDHI ROAD UNIT GANDHI ROAD, KOZHIKODE 673 032

12. C.V.MUHAMMED RAFEEQ MEMBER, INTUC HEAD LOAD WORKERS GANDHI ROAD UNIT GANDHI ROAD, KOZHIKODE 673 032

13. SHEREEF N.P MEMBER, INTUC HEAD LOAD WORKERS GANDHI ROAD UNIT GANDHI ROAD, KOZHIKODE 673 032

14. ASHRAF K.K MEMBER, INTUC HEAD LOAD WORKERS GANDHI ROAD UNIT GANDHI ROAD, KOZHIKODE 673 032

15. NAUSHAD K.T MEMBER, INTUC HEAD LOAD WORKERS GANDHI ROAD UNIT GANDHI ROAD, KOZHIKODE 673 032

16. C.V.KAREEM MEMBER, INTUC HEAD LOAD WORKERS GANDHI ROAD UNIT GANDHI ROAD, KOZHIKODE 673 032

17. N.P.SHAUKKATH ALI MEMBER, INTUC HEAD LOAD WORKERS GANDHI ROAD UNIT GANDHI ROAD, KOZHIKODE 673 032 W.P.(C).NO.11676 OF 2012 H

18. N.P.ZACHARIA MEMBER, INTUC HEAD LOAD WORKERS GANDHI ROAD UNIT GANDHI ROAD, KOZHIKODE 673 032

19. ASHIQ MEMBER, INTUC HEAD LOAD WORKERS GANDHI ROAD UNIT GANDHI ROAD, KOZHIKODE 673 032

20. FARSHAD M MEMBER, INTUC HEAD LOAD WORKERS GANDHI ROAD UNIT GANDHI ROAD, KOZHIKODE 673 032

21. JIMTHIYAS KOYA MEMBER, INTUC HEAD LOAD WORKERS GANDHI ROAD UNIT GANDHI ROAD, KOZHIKODE 673 032. BY ADV. SRI.N.NAGARESH R1 TO R4 BY GOVERNMENT PLEADER SHRI C. R. SHYAMKUMAR. (RESPONDENTS 6, 13, 15 AND 16 ARE DELETED FROM THE PARTY ARRAY AS PER ORDER ON IA.NO.7368/2012 DATED 05.6.2012). ON 05-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD APPENDIX IN W.P.(C).NO.11676 OF 2012 H PETITIONER(S) EXHIBITS EXHIBIT P1. TRUE COPY OF THE INTERIM ORDER IN WPC NO.27985/2009 DATED 15.10.2009. EXHIBIT P1(A).TRUE COPY OF THE INTERIM ORDER IN WPC NO.31336 OF 2009 DATED

4.11.2009. EXHIBIT P2. TRUE COPY OF THE COMMON JUDGMENT IN WPC NO.27985 OF 2009 AND WPC NO.31336 OF 2009 DATED 10.11.2009. EXHIBIT P3. TRUE COPY OF THE ITEMS OF THE SETTLEMENT DATED 12.2.2010. EXHIBIT P3(A).TRUE ENGLISH TRANSLATION OF EXHIBIT P3 DATED 12.2.2010. EXHIBIT P4. TRUE COPY OF THE APPLICATION SUBMITTED BY THE 7TH PETITIONER BEFORE THE 4TH RESPONDENT DATED 2.5.2012. EXHIBIT P4(A).TRUE COPY OF THE APPLICATION SUBMITTED BY THE 8TH PETITIONER BEFORE THE 4TH RESPONDENT DATED DATED 2.5.2012. EXHIBIT P4(B).TRUE COPY OF THE APPLICATION SUBMITTED BY THE 9TH PETITIONER BEFORE THE 4TH RESPONDENT DATGED 2.5.2012. EXHIBIT P4 (C)TRUE COPY OF THE APPLICATION SUBMITTED BY THE 10TH PETITIONER BEFORE THE 4TH RESPONDENT DATED 2.5.2012. EXHIBIT P4(D). TRUE COPY OF THE APPLICATION SUBMITTED BY THE 11TH PETITIONER BEFORE THE 4TH RESPONDENT DATED 2.5.2012. EXHIBIT P4(E).TRUE COPY OF THE APPLICATION SUBMITTED BY THE 12TH PETITIONER BEFORE THE 4TH RESPONDENT DATED 2.5.2012. EXHIBIT P4(F).TRUE COPY OF THE APPLICATION SUBMITTED BY THE 13TH PETITIONER BEFORE THE 4TH RESPONDENT DATED 2.5.2012. EXHIBIT P4(G).TRUE COPY OF THE APPLICATION SUBMITTED BY THE 14TH PETITIONER BEFORE THE 4TH RESPONDENT DATED 2.5.2012. EXHIBIT P5. TRUE ENGLISH TRANSLATION OF EXHIBIT P4 DATED 2.5.2012. EXHIBIT P5(A).TRUE ENGLISH TRANSLATION OF EXHIBIT P4(A) DATED 2.5.2012. EXHIBIT P5 (B).TRUE ENGLISH TRANSLATION OF EXHIBIT P4(B) DATED 2.5.2012. EXHIBIT P5 (C)TRUE ENGLISH TRANSLATION OF EXHIBIT P4(C) DATED 2.5.2012. EXHIBIT P5 (D).TRUE ENGLISH TRANSLATION OF EXHIBIT P4(D) DATED 2.5.2012. EXHIBIT P5 (E).TRUE ENGLISH TRANSLATION OF EXHIBIT P4(E) DATED 2.5.2012. EXHIBIT P5 (F).TRUE ENGLISH TRANSLATION OF EXHIBIT P4(F) DATED 2.5.2012. W.P.(C).NO.11676 OF 2012 H EXHIBIT P5 (G).TRUE ENGLISH TRANSLATION OF EXHIBIT P4(G) DATED 2.5.2012. EXHIBIT P6. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE IST PETITIONER BEFORE THE 3RD RESPONDENT DATED 14.5.2012. EXHIBIT P6(A).TRUE COPY OF THE ACKNOWLEDGMENT GIVEN BY THE 3RD RESPONDENT FOR EXT.P6 DATED 14.5.2012. EXHIBIT P7. TRUE ENGLISH TRANSLATION OF EXT.P6 DATED 14.5.2012. EXHIBIT P7(A).TRUE ENGLISH TRANSLATION OF EXT.P6(A) DATED 14.5.2012. EXT.P8TRUE COPY OF THE REGISTRATION CARD ISSUED IN THE NAME OF 8TH PETITIONER DATED 23.5.2012. EXT.P8(A) TRUE COPY OF THE REGISTRATION CARD ISSUED IN THE NAME OF 9TH PETITIONER DATED 23.5.2012. EXT.P8(B) TRUE COPY OF THE REGISTRATION CARD ISSUED IN THE NAME OF 11TH PETITIONER DATED 23.5.2012. EXT.P8(C) TRUE COPY OF THE REGISTRATION CARD ISSUED IN THE NAME OF 12TH PETITIONER DATED 23.5.2012. EXT.P8(D) TRUE COPY OF THE REGISTRATION CARD ISSUED IN THE NAME OF 13TH PETITIONER DATED 23.5.2012. EXT.P8(E) TRUE COPY OF THE REGISTRATION CARD ISSUED IN THE NAME OF 14TH PETITIONER DATED 23.5.2012. RESPONDENTS' EXHIBITS EXT.R5(A) TRUE COPY OF THE COMPLAINT DATED 09.05.2012 SUBMITTED TO THE ASSISTANT LABOUR OFFICER, KOZHIKODE. EXT.R5(B) TRUE COPY OF THE NOTICE DATED 09.05.2012 ISSUED BY THE ASSISTANT LABOUR OFFICER, KOZHIKODE. EXT.R5(C) TRUE COPY OF THE LETTER DATED 09.05.2012 SUBMITTED TO THE CHAIRMAN, KHWW BOARD. EXT.R5(D) TRUE COPY OF THE FORM X NOTICE DATED 09.05.2012 ISSUED BY THE ASSISTANT LABOUR OFFICER, KOZHIKODE. EXT.R5(E) TRUE COPY OF OBJECTION STATEMENT DATED 18.05.2012 FILED BEFORE THE ASSISTANT LABOUR OFFICER, KOZHIKODE. //TRUE COPY// PS TO JUDGE K. M. JOSEPH & P. S. GOPINATHAN, JJ. --------------------------------------------- W.P.(C). NO. 11676 OF 2012 H ---------------------------------------------- Dated this the 5th June, 2012 JUDGMENT K.M. Joseph, J. Petitioners have approached this Court seeking the following reliefs: “(i) Issue a writ of mandamus or other appropriate writ or order directing respondents 1 to 3 to provide adequate and effective police protection (including protection to life) to enable the 1st petitioner to carry on the trade in iron and steel with the help of his permanent workers, petitioners 2 to 14 peacefully. (ii) Issue a writ of mandamus or other appropriate writ or order directing respondents 1 to 3 to abate/prevent unlawful obstructions from the side of respondents 5 to 21 so as to enable petitioners 2 to 14 to undertake the loading and unloading work in the yard of the 1st petitioner in a peacefully atmosphere. (iii) Issue a writ of mandamus or other WP(C).NO.11676/2012 H 2 appropriate writ or order directing the 4th to issue registration cards to petitioners 7 to 14 as applied for by them as per Exts.P4, P4(a), P4(b), P4(c), P4(d), P4 (e), P4(f) and P4(g) within a short time being fixed by this Hon'ble Court.”

2. Briefly put, the case of the petitioners is as follows: First petitioner is the proprietor of a business concern by name “F.M.Steels” at AG Road, Kozhikode. Though the business of iron and steel was started earlier in a different place, the business is now carried on in his own property since 2009. The first petitioner had eight workers to load and unload the materials in his yard and they have got registration and identity cards issued by the fourth respondent, Assistant Labour Officer. In 2009, the CITU, Gandhi Road Unit started agitation. The first petitioner moved W.P.(C).No.27985/2009. The interim order passed therein is Ext.P1. There was violation of the Order. Petitioners 1 to 7 filed W.P.(C).No.31336 of 2009. Therein, an interim order was passed to ensure law and order. Ext.P2 purports to be the common WP(C).NO.11676/2012 H 3 Judgment in the Writ Petitions. It is stated that the trade union leaders and well wishers in the area intervened and conciliation talks were held. A settlement was arrived at (Ext.P3). Since the settlement, there did not occur any issue. Of the eight registered workers of the first petitioner, few had left the service and the first petitioner had to take substitute workers. There was obstruction. Petitioners 7 to 14 applied for registration. There is reference to obstruction by the party respondents. It is the case of the first petitioner that petitioners 2 to 14 are doing the loading and unloading work in the first petitioner's yard of which petitioners 2 to 6 are registered headload workers and petitioners 7 to 14 are permanent headload workers who have applied for registration.

3. Counter Affidavit is filed by respondents 5, 7 to 12, 14, 17, 18, 20 & 21. Petitioners have filed Reply Affidavit. We heard the learned counsel for the parties.

4. Along with the Reply Affidavit, petitioners have produced Exts.P8 to P8(e). They purport to be registration cards issued in WP(C).NO.11676/2012 H 4 favour of petitioners 8, 9, 11, 12, 13 and 14 under Rule 26A. Therefore, the petitioners would submit that petitioners 2 and 3 who are admittedly having registration, petitioners 8 & 9 and 11 to 14 whose registration cards are produced as Ext.P8 series, should be permitted to do the loading and unloading work of the first petitioner without obstruction. Learned counsel for the party respondents would only submit that the party respondents had filed Appeal before the statutory authority and that is pending. He would submit that when the petitioners had approached this Court, actually they did not have any registration as claimed in the reply affidavit.

5. Whatever that be, the fact remains that the first petitioner has at present, petitioners, 2, 3, 8, 9, 11, 12, 13 and 14 who are having registration under the Head Load Workers Act. In such circumstances, we dispose of the Writ Petition as follows: There will be a direction to respondents 1 to 3 to afford effective police protection to enable the first petitioner to carry on WP(C).NO.11676/2012 H 5 his trade in iron and steel with the help of petitioners 2, 3, 8, 9, 11, 12, 13 and 14 as against any obstruction by respondents 5, 7 to 12, 14 and 17 to 21. We make it clear that this Judgment will not stand in the way of prosecution of the Appeals allegedly filed by the party respondents before the competent authority in accordance with law. JUDGE Sd/= K. M. JOSEPH, Sd/= P. S. GOPINATHAN, JUDGE kbk. //True Copy// PS to Judge WP(C).NO.11676/2012 H 6