High Court Kerala High Court

Jacob George vs Circle Inspector Of Police on 22 March, 2007

Kerala High Court
Jacob George vs Circle Inspector Of Police on 22 March, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 8260 of 2007(G)


1. JACOB GEORGE, AGED 45, S/O GEORGE,
                      ...  Petitioner

                        Vs



1. CIRCLE INSPECTOR OF POLICE,
                       ...       Respondent

2. ASSISTANT LABOUR OFFICER,

3. HEAD LOAD WORKERS UNION, REPRESENTED BY

4. HEAD LOAD WORKERS UNION, REPRESENTED BY

5. HEAD LOAD WORKERS UNION, REPRESENTED BY

                For Petitioner  :SRI.T.M.ABDUL LATHEEF

                For Respondent  :SRI.MANU SOLOMAN

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :22/03/2007

 O R D E R
                 J.B.KOSHY & T.R.RAMACHANDRAN NAIR, JJ.

                 -------------------------------------

                          W.P.(C)No.8260 OF 2007

                 -------------------------------------

                           Dated 22nd March, 2007



                                    JUDGMENT

Koshy,J
.

Petitioner started a new godown for stock and supply

of poultry feeds. Petitioner has got his own permanent

workers. It is the case of the petitioner that he can carry

out the loading and unloading work also by using the above

permanent workers. However, when two lorry loads came, local

registered workers represented by respondents 3 to 5 created

problems and he has to send back the lorries. It is the

contention of the petitioner that being a new establishment,

he is free to do the loading and unloading work by using the

attached workers. The only obligation is that he should apply

for registration. He applied for registration. Applications

for registration is produced as Exts.P8 to P12 and those

applications are pending. In these circumstances, we are of

the opinion that respondents 3 to 5 and their supporters

cannot take law into their hands. Police is directed to see

that protection is given to carry out the loading and

unloading work in the establishment if the same is carried out

only by the employees who applied for registration, as can be

seen from Exts.8 to 12. This is without prejudice to the

W.P.(C)No.8260/2007 2

right of the workers or unions to approach the labour

authorities.

The writ petition is disposed of accordingly.

J.B.KOSHY

JUDGE

T.R.RAMACHANDRAN NAIR

JUDGE

tks