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2026 Supreme(Online)(Ker) 8245

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
M/S. CENTRAL TRADERS – Appellant
Versus
THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE CHERUTHONI – Respondent
WP(C) NO. 2184 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.C.HARIKUMAR, SMT.SANDRA SUNNY, SHRI.ARUN KUMAR M.A, SMT.FARAH JYOTHI PRADEEP
For the Respondents: SHRI.S.KRISHNA MOORTHY, SC, KERALA HEADLOAD WORKERS WELFARE BOARD - KHWWB, SRI.ASWIN.P.JOHN (FOR R6 TO R11)

Police protection is mandated for registered workers performing tasks against unregistered claims in labor disputes.

Headnote:1. Statute Analysis: The case revolves around Rule 26A of the Kerala Headload Workers Rules, 1981. Facts of the Case: The petitioner claimed interference from unregistered workers despite having his own registered workers.

Findings of Court:
The court noted the petitioner had registered workers and directed the police to maintain order to enable the petitioner to work without interference. 2.

Issues: The court framed the question of entitlement to employment rights among registered and unregistered workers.

Ratio Decidendi: The court emphasized police protection for the petitioner's registered workers and maintained law and order during operations. 3.

Result: The writ petition is disposed of, ensuring law and order is preserved.

Table of Content
1. police protection needed for registered workers against unregistered claims. (Para 1)
2. judgment on the revival of registration for workers. (Para 2)
3. court rules on maintaining law and order. (Para 3)

J U D G M E N T

The petitioner has approached this Court, being aggrieved by the fact that, despite having his own workers who have been granted registration in terms of the provisions contained in Rule 26A of the Kerala Headload Workers Rules , 1981, (hereinafter referred to as ‘the Rules’), respondents 6 to 11, who are headload workers in the area, are claiming that they are entitled to be employed for loading and unloading work. It is further stated that, despite being petitioned, respondents 1 to 3 did not take effective steps to grant protection so as to enable the petitioner to carry on with his work without interference from respondents 6 to 11.

2. When this writ petition was admitted on 20.01.2025, by order dated 22.01.2025, this Court directed the third respondent to afford adequate police protection to the petitioner and its registered workers to carry out the work of loading and unloading at the establishment of the petitioner without any interference or threat from respondents 6 to 11 and their men. This order was extended from time to time. As can be seen from the interim order dated 22.01.2025, this Court noticed the fact that the petitioner has his own workers who have been granted registration under the Rules. When this writ petition was pending before this Court, the order granting registration to the certain workers of the petitioner was challenged before the Appellate Authority by the Kerala Headload Workers Board, and the order came to be set aside by an order dated 08.04.2025. That order was challenged by the petitioner and others by filing WP(C)No.17932 of 2025. WP(C)No.17932 of 2025 has been allowed by a separate judgment delivered today, setting aside the order of the Appellate Authority and remitting the appeal for fresh consideration. The effect of the judgment in WP(C)No.17932 of 2025 is that the registration granted to the three workers of the petitioner stands revived.

3. Accordingly, this writ petition is disposed of, directing the third respondent to ensure that law and order is maintained and that the work of the petitioner is not interfered with by respondents 6 to 11 or their men. This order shall be subject to fresh orders to be passed by the Appellate Authority pursuant to the directions issued by this Court in the judgment in WP(C)No.17932 of 2025.

It is made clear that the third respondent need to intervene only if there is a law and order situation. It is further made clear that the directions in this judgment will be applicable only if the loading and unloading work is being done through the registered headload workers of the petitioner.

Sd/-

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