IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16171 of 2008(A)
1. K.V.JOSE, S/O.VARGHESE, KAITHARAN HOUSE
... Petitioner
2. SHINEY JOSE, W/O.K.V.JOSE,DO.DO.
Vs
1. SUB INSPECTOR OF POLICE, ALUVA POLICE
... Respondent
2. RAVI.K.A., S/O.NOT KNOWN TO PETITIONERS
3. DILEEP.S.V., S/O.VELAYUTHAN,
For Petitioner :SRI.P.JACOB VARGHESE (SR.)
For Respondent :SRI.RENIL ANTO KANDAMKULATHY
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :12/06/2008
O R D E R
K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ
==============================
W.P.(C)NO. 16171 OF 2008
============================
DATED THIS THE 12TH DAY OF JUNE 2008
JUDGMENT
Balakrishnan Nair,J.
The petitioners are husband and wife. They are jointly doing
business in the sale of glass, plywood and other allied products. They
have a godown in Karumalloor Grama Panchayath. The petitioners
submit that they have four workmen for loading/unloading work in
their establishment. The loading/unloading work of glass items is a
specialised job, which can be done only by the petitioners’ own
workmen and they are experienced in this field. But, the respondents
2 and 3, who are representing the registered Headload workers of
the area, have come forward claiming work in the petitioners’
godown. According to them, they are representing the registered
headload workers of the area and they are entitled to do the
loading/unloading work in the petitioners’ establishment. When they
attempted to cause obstruction, the petitioners moved the police.
Since the police did not extend any help, this writ petition is filed
seeking necessary protection to do the loading/unloading work,
WPC.16171/2008 -2-
using the petitioners’ own workmen. They are also seeking protection
for their lives.
2. Respondents 4 and 5 submit that there are 34 registered
headload workers in that area. The petitioners have got work relating
to the loading/unloading of plywood etc., which can be done by any
workmen. They may be engaged to do the loading/unloading work of
those items, it is prayed.
3. It is common case that the area where the godown is
functioning is not covered by the scheme under the Kerala Headload
Workers Act. Therefore, the registered workers cannot claim any
preferential right to do the loading/unloading work. So, the petitioners
will be free to do the loading/unloading work by using their own
workmen. But, if there is any excess work and they require additional
hands, the petitioners may engage the local headload workers at least
for doing the work of loading/unloading of plywood etc. for doing which
no specialisation is required. The writ petition is disposed of
accordingly.
K. BALAKRISHNAN NAIR,
JUDGE
M.C. HARI RANI
JUDGE
ks.
WPC.16171/2008 -3-
ks.