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2016 Supreme(Ker) 985

K.T.SANKARAN, A.M.BABU
Pynadath Granites Pvt. Ltd. – Appellant
Versus
K. S. Joy – Respondent


Advocates Appeared:
For the Appellant :Sri. P.M. Ziraj, Advocate
For the Respondent:Sri. G. Sreekumar (Chelur), Advocate, Sri. C.S. Ajith Prakash, SS, Sri. C.P. Sudhakara Prasad, Advocate, Sri. Koshy George(SC) and K.Mohanakannan, Amicus Curiae

JUDGMENT :

K.T. Sankaran, J.

The question of general importance arising in this Writ Petition is how to curb the unlawful activity of obstruction of loading and unloading activities in various commercial and industrial establishments in the State of Kerala on account of non payment of 'nokkukooli' claimed by the headload workers. It is a matter of common knowledge that 'nokkukooli' is in prevalence in the State of Kerala. It is also a matter of experience in the High Court that hundreds of Writ Petitions are being filed every year complaining of obstruction to loading and unloading activities as well as manhandling of employers on the ground that the employers were not willing to pay 'nokkukooli'.

2. In Jayaprakash v. Government of Kerala (2007(1) KLT 343), a Division Bench of this Court had occasion to consider the menace of 'nokkukooli' and held thus :

"5. ..................................It is now common knowledge that some unions with muscle power demands "'nokkukooli'" (wages for watching the loading and unloading). These are all practices which would lead to anarchy and unrest in trades and industries. People have even begun to regard headload workers with fear because of the ph





















































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