IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 2418 of 2011(B)
1. V.J.JAMES, MANAGING PARTNER,
... Petitioner
Vs
1. THE SUPERINTENDENT OF POLICE,
... Respondent
2. THE SUB INSPECTOR OF POLICE,
3. THE C.I.T.U, MUNDAKAYAM UNIT,
4. THE I.N.T.U.C, MUNDAKAYAM UNIT,
5. THE A.I.T.U.C, MUNDAKAYAM UNIT,
For Petitioner :SRI.GEORGEKUTTY MATHEW
For Respondent :SRI.LIJI.J.VADAKEDOM
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
The Hon'ble MR. Justice P.S.GOPINATHAN
Dated :08/02/2011
O R D E R
THOTTATHIL B. RADHAKRISHNAN & P.S.GOPINATHAN, JJ.
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W.P.(C).No.2418 OF 2011
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Dated this the 8th day of February, 2011
J U D G M E N T
~~~~~~~
Thottathil B. Radhakrishnan, J.
The petitioner says that he is in the process of establishing
a hotel. He seeks police protection on the premise that
obstruction is being caused for unloading goods for the purpose
of the hotel. The 5th respondent has filed counter affidavit. In
spite of the order dated 1.2.2011, there is no application for
impleadment of the Kerala Head Load Workers Welfare Fund
Board. The provisions of the Kerala Head Load Workers
Welfare Fund Act provide preference for workers registered
under the Scheme in terms of that Act in areas which are
covered by the Schemes. The uncontroverted version of the 5th
respondent is that the area in question is covered by the
Scheme. Therefore, any activity referable to the schedule to
that Act has necessarily to be carried out through the registered
workers unless the petitioner has permanent workers, who
have obtained registration under the Head Load Workers
W.P.(C) No.2418/2011 2
Welfare Act and Scheme. The question of excluding any
particular activity relatable to exclusion of sophisticated and
delicate materials has to be decided on a case to case basis and
such exemption has necessarily to be regulated by the Local
Labour Officer, who has jurisdiction over the area. It cannot be
decided by the High Court, at any rate, on a disputed question of
facts. Hence, leaving open the petitioner’s remedy to seek relief
in that regard from the competent authority having jurisdiction
over the area for the purpose of enforcement of the provisions of
the Kerala Head Load Workers Act and Scheme thereunder, this
Writ Petition is ordered directing that in the event of such
decision being taken by the authority the police officers will
ensure that it is honoured.
Writ Petition ordered accordingly.
(THOTTATHIL B. RADHAKRISHNAN, JUDGE)
(P.S.GOPINATHAN, JUDGE)
ps
