IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 3942 of 2007(T)
1. M/S. PRIME FISHERIES PRIVATE LIMITED,
... Petitioner
Vs
1. CENTRE OF INDIAN TRADE UNION (CITU),
... Respondent
2. KERALA HEAD LOAD WORKERS WELFARE BOARD,
3. ASSISTANT COMMISSIONER OF POLICE,
4. CIRCLE INSPECTOR OF POLICE,
5. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.ALIAS M.CHERIAN
For Respondent :SRI.PEEYUS A.KOTTAM
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :13/02/2007
O R D E R
J.B.KOSHY & T.R.RAMACHANDRAN NAIR, JJ.
```````````````````````````
W.P.(C) NO. 3942 OF 2007
```````````````````````````
Dated this the 13th day of February, 2007
J U D G M E N T
KOSHY, J.
This is a petition for police protection. Petitioner is a private
limited company engaged in the business of maintaining cold
storage for keeping frozen seafood items for export. The
headload workers under the 1st respondent were doing the
loading and unloading activities in the cold storage of the
company. Apart from the above cold storage, in view of the new
regulations regarding export and the directions of the Marine
Product Export Development Authority and Export Inspection
Agency, they have constructed a ‘Palletized Store’ which has to be
run as per directions of Export Inspection Agency and HACCP
manual. The importers are very much careful about the hygienic
conditions. Therefore four permanent employees who were
subjected to medical check up are doing the necessary handling
work in the palletized store even though most of the work is done
mechanically by sophisticated machines. The four permanent
workers are Babychan, Sabu, Antony Fernadas and Fernadez B.J.
2. It is the case of the petitioner that merely because
WPC 3942/2007
: 2 :
there are registered workers doing work in the old cold storage
and they are doing the work in the cold storage by rotation, they
cannot claim work in the new palletized store as it will violate the
norms stipulated in the manual. If the work is done by
mechanical process, also workers cannot be given nokku coolie.
In these circumstances, in the old cold storage whenever loading
and unloading work is there, petitioner should allow the same to
be done by existing registered workers. With regard to the four
workers who are working in the palletized store, which is running
as per the exporting agencies control, should be allowed to work
there without interference provided they also apply for
registration under the act and scheme. Since it is a specialised
work and permanent workers are employed in the new
establishment, application for registration should be allowed by
the statutory authority.
Writ petition is disposed of as above.
J.B.KOSHY, JUDGE
T.R.RAMACHANDRAN NAIR, JUDGE
Rp