V. G. ARUN
R. K. Ventures – Appellant
Versus
District Superintendent of Police, Ernakulam (Rural), Aluva – Respondent
JUDGMENT :
V.G. Arun, J.
The petitioner firm has entered into an agreement for carrying out the logistic work of M/s. Indus Towers Ltd., an infrastructure provider in the telecommunication sector. As per the agreement, the petitioner has to undertake the storage and transportation of sensitive electronic panels, sophisticated electronic goods, diesel generators, steel items and allied equipment. For carrying out these activities, the petitioner has constructed a warehouse at Malayidamthuruth in Kizhakkambalam. The Kerala Headload Workers (Regulation of Employment and Welfare) Scheme, 1983 (‘the Scheme’ for short) is made applicable to the area in which the warehouse is situated. The petitioner alleges that the registered headload workers in the area are obstructing the loading and unloading activity carried out in the warehouse. The prayer in the writ petition is to direct respondents 1 to 3 to provide adequate and effective Police protection to the petitioner and its workers for carrying out loading activity in the warehouse and for running the logistic business without any threat, hindrance or obstruction from the members of the 5th and 6th respondent unions.
2. Heard, Sr. Adv. A.V.
Safa System & Solutions v. Station House Officer, Palarivattom and Others
Balakrishnan A v. Circle Inspector of Police, North Police Station, Alappuzha and Others
Krishna Kumar and Others v. Deputy Superintendent of Police, Alappuzha and Others
Establishments are free to employ skilled and semi-skilled persons for dealing with delicate and sophisticated articles, and any prevention or obstruction to this would lead to infringement of the ri....
Mobile phones and electronic equipments/appliances/ devices are “delicate and sophisticated” within the umbra of the Explanation to Section 2(m) of the Act, it would not require this Court to conside....
Registration as a headload worker requires only willingness to work and employer consent, not prior engagement or experience.
Employers have the right to seek police protection for lawful operations, and valid registration permits workers to operate beyond jurisdictional limits when employed under the same employer.
Attached headload workers have the right to registration under Rule 26A if they perform substantial loading-unloading work, regardless of pool workers' presence.
Point of Law - Every person has a fundamental right under Article 19(1)(g) to carry on any occupation and the same can be subjected only to reasonable restrictions under Article 19(6) of the Constitu....
The right to employ registered workers under specific regulations is upheld against undue interference from unionized workers.
Police protection is mandated for registered workers performing tasks against unregistered claims in labor disputes.
Applications for registration as headload workers can be submitted before the establishment starts functioning; rejection based on non-commencement of business is not legally justified.
Point of Law : If for working as a headload worker in a scheme covered area, registration under R.26A is mandatory, it defies logic as to how for registration under R.26A, respondents 1 and 2 can ins....
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