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2021 Supreme(Online)(KER) 18904
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TH FRIDAY, THE 24 DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943 WP(C) NO. 14549 OF 2021 PETITIONERS:
1 P.S.SHEREEF AGED 59 YEARS S/O.SAIDU, PARUTHIKKAL HOUSE, VADACODE P.O., KANGARAPADY, ERNAKULAM DISTRICT.
2 P.I.MUSTHALIFA AGED 22 YEARS, PALLAMPARATH, VADACODE P.O., KANGARAPADY, ERNAKULAM DISTRICT.
BY ADVS.
T.T.MUHAMOOD V.E.ABDUL GAFOOR A.MOHAMMED SAVAD T.R.VISHNU RESPONDENTS:
1 DISTRICT LABOUR OFFICER CIVIL STATION, KAKKANAD, ERNAKULAM - 682030.
2 THE ASSISTANT LABOUR OFFICER ERNAKULAM CICLE II, CIVIL STATION, KAKKANAD, ERNAKULAM - 682 030.
3 THE KERALA HEAD LOAD WORKERS WELFARE FUND BOARD ERNAKULAM DISTRICT COMMITTEE, REPRESENTED BY ITS CHAIRMAN, KUMMANCHERY BUILDING, FLOWER JUNCTION, ERNAKULAM - 682 035.
4 THE STATION HOUSE OFFICER TRIKKAKARA POLICE STATION, TRIKKAKARA, ERNAKULAM DISTRICT - 682 030.
5 THE ASSISTANT COMMISSIONER OF POLICE TRIKKAKARA, ERNAKULAM - 682 030.
6 ANSAR P.A.
AGED 39 YEARS, S/O.ASEEZ, PARUTHIKKAL HOUSE, VADACODE P.O., KANGARAPADY, ERNAKULAM DISTRICT - 682 021.
7 SIDHIK K.A.
AGED 40 YEARS, S/O.ABDUL KHADER, KIZHAKKE ANIKKATT HOUSE, PUTHUSSERYMUGAL, VADACODE P.O. 682 021, ERNAKULAM DISTRICT.
8 P.T.BABU AGED 42 YEARS, S/O.THANKAPPAN, PLAVILA HOUSE, HMT COLONEY P.O., ERNAKULAM DISTRICT - 683 503.
9 SHEEHUL P.K.
S/O.KUNJANBAVA, PERIGATTUMALA HOUSE, KANGARAPADY, VADACODE P.O. - 682 021, ERNAKULAM DISTRICT.
10 RAJESH ASARARIMUGHAL HOUSE, VKC P.O;., THEVAKKAL -
682 021, ERNAKULAM DISTRICT.
11 SABU M.
MADAVANASSERY HOUSE, PUTHISSERYMALA, VADACODE P.O.- 682021, ERNAKULAM DISTRICT.
BY ADVS.
SRI.S.KRISHNA MOORTHY, SC, KHWWB V.P.PRASAD SRI. E.C.BINEESH - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DEVAN RAMACHANDRAN, J.
===========================
WP(c)No.14549 of 2021 ===========================
Dated this the 24th day of September, 2021
['T T MUHAMOOD', '', 'V E ABDUL GAFOOR', 'A MOHAMMED SAVAD', 'T R VISHNU', 'SRI S KRISHNA MOORTHY', 'SC', 'KHWWB', 'V P PRASAD']
JUDGMENT
The petitioners are stated to be the workers alloted registration cards under Section 6A of the Head Load Workers (Regulation of employment and welfare)Scheme 1983 (hereinafter referred to as 'the Scheme' for short); and alleges that even though respondents 6 to 11 do not enjoy any such registration, they are illegally engaging in the loading and unloading work in the area alloted to Pool No.IV, under the Kalamassery Sub Committee of the 3rd respondent Head Load Workers Welfare Fund.
2. The petitioners say that when they objected to this, they were brutally attacked by respondents 6 to 11; consequently constraining them to approach the 4th respondent - Station House Officer, through Ext.P5 request, seeking protection. They allege that, however, no action has been taken thereon, thus constraining them to approach this Court.
3. In response, Sri Krishna Moorthy, the learned standing counsel appearing for the 3rd respondent Board submitted that the afore allegations of the petitioners have been carefully examined by the competent Authority of his client and they have found that no person without a registration under clause 6A of the Scheme is engaged in the work of loading and unloading in the area in question. He then pointed that, in fact, the second petitioner has issued Ext.R3(c) letter to the Chair person of the Board, saying that his name has been included in this writ petition through misrepresentation. He thus prayed that the writ petition be dismissed.
4. However, the learned counsel for the petitioners, Sri T.T.Muhamood, submitted that a reply has been filed by the petitioners, producing Ext.P8 letter of the 2nd among them, wherein he has categorically stated that Ext.R3(c) letter was obtained from him under duress and that he certainly wants orders in this writ petition.
5. Be that as it may, the only question before this court is whether respondents 6 to 11 are entitled to work in the area alloted to Pool No.IV of the Kalamassery Sub Committee of the 3rd respondent- Board.
6. Sri V P Prasad, the learned counsel appearing for respondents 6 to 11 submitted that his clients are not engaged in loading and unloading work, but are attached to some other establishments, solely engaged in packing and sorting work. He argued that, therefore, the allegations of the petitioners in this writ petition are wholly untrue.
7. Taking note of the afore submissions of Sri.V.P.Prasad that respondents 6 to 11 are not engaged in loading or unloading work, I deem it appropriate to allow this writ petition, recording the above submissions.
8. Resultantly, this writ petition is allowed, recording the above submissions of Sri V.P.Prasad; and directing the 4th respondent to act as and when any complaint is made by the petitioners with respect to any conduct by respondents 6 to 11 in violation of their above recorded undertaking as per law.
Needless to say, the 4th respondent will be obliged to ensure that law and order is maintained in the area in question always.
This writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN, JUDGE lgk APPENDIX OF WP(C) 14549/2021 PETITIONER EXHIBITS Exhibit P2 TRUE COPY OF THE 6A CARD ISSUED TO THE 2ND PETITIONER IN FORM C DATED
01/12/2018.
Exhibit P3 TRUE COPY OF THE REPRESENTATION SUBMITTED Y THE PETITIONERS BEFORE THE 3RD RESPONDENT DATED
11/07/2021.
Exhibit P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY SRI.P.K.IBRAHIM BEFORE THE 3RD RESPONDENT DATED 12/7/2021.
Exhibit P5 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS BEFORE THE 4TH RESPONDENT ON 12/7/2021.
Exhibit P6 TRUE COPY OF THE COMPLAINT SUBMITTED BY SRI.P.K.IBRAHIM MEMBER REPRESENTING HEADLOAD WORKERS BEFORE THE 4TH RESPONDENT ON
13/07/2021.
Exhibit P7 TRUE COPY OF THE REPRESENTATION/COMPLAINT SUBMITTED BEFORE THE 1ST AND 2ND RESPONDENT BY SHRI.P.K.IBRAHIM ON
13/07/2021.
Exhibit P8 TRUE COPY OF LETTER DATED 25.8.2021 SUBMITTED BY ME BEFORE THE CHAIRMAN OF THE ERNKULAM DISTRICT COMMITTEE OF THE BOARD
