The court upheld the petitioner's right to conduct operations without obstruction, stressing effective police protection under applicable rules.

J U D G M E N T

This writ petition has been filed for a direction to respondents 1 to 3 to provide effective police protection to the petitioner for carrying out loading and unloading activities in warehouse bearing No.7/397A of Karumallur Panchayat by engaging its own workers holding valid registration in terms of the provisions contained in Rule 26 A of the Headload Workers Rules , 1981 (hereinafter referred to as 'the 1981 Rules'). According to the petitioner, respondents 4 and 5 are obstructing the work of loading and unloading being carried out by the petitioner through its own workers who hold valid registration under Rule 26 A of the 1981 Rules. This writ petition was admitted on 28-02-2024 and the following order was passed;

“The learned Government Pleader takes notice for respondents 1 to 3. Issue urgent notice by speed post to respondents 4 and 5. The learned Government Pleader to get instructions from respondents 1 to 3.

2. Sri. K.R. Ganesh, the learned counsel appearing for the petitioner submits that the petitioner has their own registered attached workers holding Rule 26A cards as is borne out from identity cards produced as Exts.P4 to P29. It is further submitted that the establishment run by the petitioner is not an area covered under the scheme.

3. Having regard to the submissions advanced and taking note of the law laid down in the precedents cited by the learned counsel for the petitioner, there will be an interim order as prayed for.

Post on 27.03.2024.”

Thereafter the interim order has been extended from time to time.

2. Though a notice initially issued to respondents 4 and 5 was not served, registry has reported that notice issued at the corrected address of the respondents 4 and 5 have served as early as in the month of September, 2024.

3. Despite service of notice, there is no appearance for respondents 4 and 5.

4. Heard the learned Government Pleader also.

5. Having heard Adv. Adarsh Babu C.S, the learned counsel appearing for the petitioner and the learned Government Pleader, I am of the opinion that the petitioner is entitled to contend that respondents 4 and 5 cannot prevent the petitioner from carrying out loading and unloading activities through its own workers holding valid registration under Rule 26 A of the 1981 Rules. Accordingly, this writ petition is allowed and is directed that if any obstruction is caused to the work of the petitioner by respondents 4 and 5 or their men the 3^rd respondent will ensure that no law and order situation is created and that the petitioner is permitted to carryout loading and unloading activities using its own workers holding valid registration in terms of Rule 26 A of the 1981 Rules. If there is any obstruction is caused by respondents 4 and 5, the petitioner shall bring the matter to the notice of the 3^rd respondent who shall, taking into consideration the orders issued herein take necessary action to ensure that the respondents 4 and 5 do not prevent the petitioner from carrying out loading and unloading activities through its own workers holding valid registration under Rule 26 A of the 1981 Rules.

Sd/-

GOPINATH P.

JUDGE

AMG

APPENDIX OF WP(C) NO. 7962 OF 2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE PROPERTY TAX RECEIPT NO.

1230804392/G070201 DATED 13.02.2024 ISSUED BY KARUMALLUR GRAMA PANCHAYAT TO THE OWNER SMT.

RASHEEDA ISMAIL EXHIBIT P2 TRUE COPY OF THE RELEVANT EXTRACT OF CLEARING AND FORWARDING AGENT SERVICE AGREEMENT DATED 14.02.2024 ENTERED INTO BETWEEN THE PETITIONER AND M/S. HINDUSTAN COCA-COLA BEVERAGES PVT.LTD.

EXHIBIT P3 TRUE COPY OF THE LICENSE NO. JC3-1168/2023-

24/532 DATED 17.02.2024 ISSUED BY KARUMALLUR GRAMA TO M/S. HINDUSTAN COCA-COLA BEVERAGES PVT. LTD.

EXHIBIT P4 TRUE COPY OF THE IDENTITY CARD ISSUED BY THE ASSISTANT LABOUR OFFICER, PERUMBAVOOR TO ALB