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2016 Supreme(Ker) 443

K.T.SANKARAN, A.HARIPRASAD
AMMA GRANITES AND TILES REPRESENTED BY ITS MANAGING PARTNER, MR. LENIN P. P. , NADAKKAVU, UDAYAMPEROOR – Appellant
Versus
DISTRICT LABOUR OFFICER ERNAKULAM – Respondent


Advocates Appeared:
FOR THE APPELLANT : SRI.PHILIP T.VARGHESE, SRI.THOMAS T.VARGHESE, SMT.ACHU SUBHA ABRAHAM, SRI.MONISHA K.R.
FOR THE RESPONDENT: SRI.C.S. AJITH PRAKASH, STANDING COUNSEL, KERALA HEADLOAD WORKERS WELFARE BOARD., SRI.P.P.THAJUDEEN, SRI.JOHN K.GEORGE, SRI.C.K.SURESH

JUDGMENT :

A.Hariprasad, J.

In these writ petitions for police protection, common questions of fact and law arise. We therefore deem it fit to deal with them together. W.P.(C)No.17779 of 2016 is taken as the leading case.

2. Facts, in brief, are as follows: Amma Granites and Tiles represented by its managing partner is the petitioner in W.P.(C) No.17779 of 2016. It is a registered partnership firm. The firm was established in 2013 for doing business in granites and flooring tiles. Its shop and godown are in Udayamperoor in Ernakulam District. Petitioner has secured all the required licences for doing business. Udayamperoor is an area to which the Scheme framed under the Kerala Headload Workers Act, 1978 (in short, "the Act") applies. But, the petitioner's unit is not an "establishment" as defined in Section 2(j) of the Act. The work of loading and unloading in the petitioner's unit is only occasional. Regular staff members in the petitioner's unit could do the same. Therefore, the Act, Rules and the Scheme do not apply to the petitioner's unit. Petitioner's unit is situated at Udayamperoor North, where pool Nos.13 and 13A, constituted under the Scheme, operate. In Udayamperoor North a










































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