JUDGMENT

1.This writ petition is filed seeking the following reliefs:-

“a) issue a writ of mandamus or other appropriate writ order or direction directing the respondents 1 and 2 to afford effective protection to the petitioner to conduct his business without incident at his branch and godowns situated at Bypass Road Kalpetta, Main Road Kalpetta, Sai Road Kalpetta, Emily Road Kalpetta, Wayanad.

b) issue a writ of mandamus or other appropriate writ order or direction directing the respondents 1 and 2 to take immediate action on Ext.P4 and Ext-P5.”

2.Heard the learned counsel appearing for the petitioner and the learned Government Pleader as well as the learned counsel appearing for the Board and the learned counsel appearing for the contesting party respondents.

3.It is submitted by the learned counsel for the petitioner that the petitioner is a partnership firm dealing with tiles, sanitary wares, hardwares, bathroom fittings etc. and that the petitioner has a show room and three go-downs situated in Kalpetta, Wayanad District. It is submitted that the petitioner requires skilled and trained headload workers for the loading and unloading work in the petitioner's establishments. The petitioner had, therefore, submitted application for registration of his permanent workers under the provisions of the Kerala Headload Workers Act and Rules and had obtained such registration as evidenced by Exhibit P6(a) to P6(j) identity cards issued to the employees. However, it is contended that the contesting party respondents, who are the pool workers and members of the Union have obstructed the work of the petitioner on the ground that the registered workers cannot carry out the loading and unloading activities except in the establishment shown in their identity cards. It is submitted that though complaints have been submitted before the police, no action has been taken thereon.

4.A counter affidavit has been filed by respondents 5 to 8 contending that the petitioner is engaging persons who are not actually headload workers and that the registration obtained by such employee is against the provisions of the Act, the Rules and the Scheme made thereunder. It is submitted that respondents 5to 8 along with other registered pool workers were doing the loading and unloading work in the showroom as well as all the go-downs of the petitioner establishment for the last more than two decades. It is further contended that Exhibit P3 judgment is under challenge in W.A.No.797/2022 and 808/2022 at the instance of the unions and W.A.No.796/2022 filed by the Kerala State Headload Workers' Welfare Board and that the appeals are pending. It is contended that there is no law and order situation and that the respondents have not created any obstruction to the work of the registered Headload Workers in respect of the establishment where they have registration.

5.An additional counter affidavit is also filed submitting that the persons for whom registration and identity cards are obtained by the petitioners are not headload workers and are persons engaged for other works like showroom manager, go-

down supervisor, salesman etc. It is contended that when work was illegally denied to the contesting party respondents, the workers had erected a small shed to peacefully protest against the illegal actions of the petitioner outside the petitioners premises, but on 13.9.2022, the workers noticed that the loading and unloading work was being carried out by strangers and not by workers on whose behalf the employer obtained Rule 26A cards. The owner of the petitioner establishment and other members of the staff had thereafter physically assaulted the few workers who were present outside the petitioner's premises at the relevant time and the worker's representatives had reached the location and shifted the injured workers to the Kalpetta Government Hospital. The admission cards as well as the complaints preferred in this behalf are also produced. It is contended that the writ peti