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2014 Supreme(Ker) 927

ASHOK BHUSHAN, A.M.SHAFFIQUE
TIMBER MERCHANT ASSOCIATION – Appellant
Versus
SUPERINTENDENT OF POLICE KOTTAYAM – Respondent


Advocates Appeared:
For the Appellant :Sri. Nagaraj Narayanan, Sri. Saijo Hassan, Sri. Benoj C Augustin, Sri. Prathap Pillai, Sri. Sebin Thomas, Sri. Vivek V. Kannankeri and Sri. Vishnu Bhuvanendran, Advocates.
For the Respondent:Sri. Zakeer Hussain, Advocate, Sri. A.N. Rajan Babu, SC, KHWWB, Sri. Shaji Thomas, Sri. N. Nagaresh, Sri. Binu Paul and Sri. T.V. Vinu, Advocates, Sri. C.R. Syamkumar, Sr. Government Pleader.

JUDGMENT :

A.M. SHAFFIQUE, J.

1. First petitioner is a registered association of persons engaged in the business of cutting, removing, transporting and selling timber. Second petitioner is the Secretary of the said organisation and petitioners 3 to 15 are its members. It is submitted that the petitioners are carrying on timber business in various places.

2. It is inter alia contended that now loading work of timber is being done by cranes and other mechanical devices and manual loading work is rarely used. Human labour is also required for tying the timber logs with ropes to the crane for being carried to and from the lorries and untying the same. In the process, skilled workers used to assist the loading as well as unloading activities. It is contended that respondents 4 to 29 are headload workers operating in Pala Assembly Constituency. Respondents 30 and 31 are trade unions of labourers of the locality. The petitioners complain about the illegal demand of respondents 4 to 31 for 'Nokkukooli', since the petitioners are using cranes for the loading and unloading work. It is contended that the area where the petitioners carry on business is not a scheme covered area. That apart, none












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