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2021 Supreme(Ker) 185

SHAJI P.CHALY
M. S. Asharaf, S/o. Said Mohamed – Appellant
Versus
Deputy Labour Commissioner Appellate Authority Under The Kerala Headload Workers Act, Office Of The Regional Joint Labour commissioner, Kakkanad, Ernakulam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SMT.AYSHA YOUSEFF, SRI.JOBI.A.THAMPI, SMT.M.KABANI DINESH, SMT.MOLLY JACOB, SMT.RABIA BEEGAM T.K., SMT.T.V.SREEJA, SMT.SITHARA SHAMSUDEEN
For the Respondent: SRI.KOSHY GEORGE, SRI.C.S. AJITH PRAKASH, SRI.S.KRISHNA MOORTHY, SRI.VIVEK VARGHESE P.J., SRI.VARUGHESE M EASO, SRI.SURIN GEORGE IPE, adv

JUDGMENT :

This writ petition is filed challenging Ext. P6 order dated 09.12.2013 passed by the Deputy Commissioner-Appellate Authority, Ernakulam under Section 21(7) of the Headload Workers Act, 1978 (‘Act, 1978 for brevity), whereby the boundaries of pool Nos. 31 and 35 situated near Kanjiramattom at Gamma Junction and the junction at Amballoor, Ernakulam were demarcated.

2. Brief material facts for the disposal of the writ petition are as follows:

The petitioner is a headload worker and is a leader of Pool No. 35, which is operating in Kanjiramattom locality. There is yet another pool No. 31 in the same locality, which according to the petitioner, is within the area covered by Pool No. 35, of which the 5th respondent namely S.K. Surendran is the pool leader, in order to carry on the unloading work of construction materials brought to the construction sites. According to the petitioner, there was no quarrel or dispute between the workers of pool Nos. 31 and 35 as the work of the pools were clearly demarcated. However, on 11.05.2013, the workers of pool No. 31, under the leadership of the 5th respondent, physically obstructed the unloading work of the tiles in the godown of NSS Build

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