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2012 Supreme(Ker) 1020

High Court of Kerala
Manjula Chellur, P.R. Ramachandra Menon, JJ.
Eastern Condiments P Ltd - Appellant
Versus
Si Of Police & Ors - Respondent
W.P.(C) No. 23510 of 2010
Decided On : 28-02-2012

Headnote:Kerala Headload Workers Act, 1978, Sections 2(m) and 2(j) -There should be separate registration is not needed for the head loaders who is working for the employer.

JUDGMENT

Manjula Chellur, Ag. C.J.

1. The writ petitioner in the first three Writ Petitions is one Eastern Condiments Pvt. Ltd., Adimaly in Idukki district. The said writ petitioner has approached this Court seeking police protection complaining the obstruction caused by the respondent Union demanding unloading work of the Company to be given to them at different places, where the products of the petitioner are taken for distribution to various shops and establishments. The petitioner claims to be an establishment dealing in manufacturing and marketing of spices, powder of spices, rice, tea etc., kept and packed in pouches or bags starting from 100 grams to 5 kgs. These individual packets again would be packed in cartons to be supplied to various distributors or shops. These cartons are loaded into transport vehicles and taken to different establishments at different places. So far as unloading and loading of these cartons, the petitioner has employed permanent employees, who carry on the work of loading and unloading. They accompany the delivery van along with the goods and unload the articles at the respective destinations. The petitioner has taken registration for the permanent headload workers of it in terms of the Statute, i.e., R.26A of the Kerala Headload Workers Rules, 1981.

2. In the first Writ Petition, the complaint is, the Headload Workers Union of Chavakkad town, represented by the President and the Secretary, i.e., respondents 3 to 5, are obstructing the transportation and unloading of the articles at different destinations coming within the Chavakkad area on the ground that the permanent headload workers of the petitioner's establishment have no registration for carrying on the unloading work within the jurisdiction of Chavakkad area. Similarly, W.P.(C). No.6997 of 2010 is filed in respect of Perinthalmanna area in Malappuram district on the ground that they have no registration in Perinthalmanna area. In the third petition, i.e., W.P.(C).No.26903 of 2009, it is in respect of Kanjirapally area in Kottayam District. The petitioner in W.P.(C).No. 12566 of 2011 is a dealer in paper and paper boards. Though they have registered office at Pallipalayam, Erode in the State of Tamil Nadu, they have godown at Ernakulam at Power House Extension Road. The stocks kept in this godown have to be transported to various destinations depending upon the orders. To carry on this work, they have permanent headload workers, who does the loading and unloading work. Subsequently, the godown came to be shifted to building No.25/126K, Pakkai Property, Koonamthai, Kalamassery. The third respondent raised objection saying, there is no registration for the headload workers in the newly shifted area, therefore, the petitioner cannot entrust the work of loading and unloading to the permanent workers with them. When these obstructions came to be caused as stated above, according to the petitioners, in spite of approaching the jurisdictional police, there was no positive assistance. Therefore, they had to approach this Court seeking police protection in order to carry on their business in a peaceful manner.

3. So far as the petitioner in W.P.(C). No. 12566 of 2011, on an earlier occasion also, there was shifting of godown and similar problem arose. Therefore, they had to approach this Court seeking police protection in O.P.No. 14604 of 1997 and the same came to be allowed on.29.8.1997, as per Exhibit P2.

4. When notices were sent to the respondent Unions and also the Board, they have made appearance and serious disputes are raised with regard to the reliefs sought in the Writ Petition. According to the petitioner by virtue of three judgments, petitioner is entitled for the reliefs now sought for as the Board was a party to the earlier proceedings and this Court, while interpreting the definition of 'headload worker', held, the words 'for an establishment' would mean, outside the area, where the establishment is situated, provided the person, who do





















































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