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