Kerala High Court
Philip Jose vs The State Of Kerala on 24 June, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:45664
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 24TH DAY OF JUNE 2025 / 3RD ASHADHA, 1947
WP(C) NO. 16413 OF 2025
PETITIONER:
PHILIP JOSE
AGED 48 YEARS
S/O JOSE, GOVT.FOREST CONTRACTER,
MANAKUZHIYIL HOUSE, NARIYANANI.P.O.PONKUNNAM
THACHAPUZHA KOTTAYAM .P.O.KOTTAYAM DISTRICT,
PIN - 686506
BY ADV.
SMT.O.H NAZEEBA
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY SECRETARY,
HOME DEPARTMENT SECRETARIATE,
TRIVANDRUM, PIN - 695001
2 THE STATION HOUSE OFFICER
AYYAMPUZHA POLICE STATION,
AYYAMBUZHA.P.O.,ERNAKULAM DISTRICT,
PIN - 683581
3 THE DISTRICT POLICE CHIEF
OFFICE OF THE DISTRICT POLICE CHIEF,
ERNAKULAM RURAL ALUVA,MUNNAR ROAD,
ALUVA ERNAKULAM, PIN - 683101
2025:KER:45664
WP(C) No.16413 of 2025
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4 THE ASSISTANT SUPERINTEND OF POLICE
OFFICE OF THE DEPUTY SUPERINTEND OF POLICE
PERUMBAVOOR.P.S.PERUMBAVOOR.P.O.,
ERNAKULAM DISTRICT, PIN - 683542
5 ASSISTANT LABOR OFFICER
OFFICE OF THE ASSISTANT LABOR OFFICE
ANGAMAALI,ERNAKULAM, PIN - 683572
6 T.E TOMY
AGED 58 YEARS
S/O, EANASU, THEKKEDATH HOUSE
CUTTING UNIT LEADER CITU UNION,
AYYAMPUZHA P.O, E RNAKULAM, PIN - 683581
7 P.D.DAVIS
AGED 55 YEARS
S/O,PAPPU, VITHAYATHIL HOUSE
CUTTING UNIT LEADER INTUC,
AYYAMPUZHA P.O, PIN - 683581
8 P.D.SHAJU
AGED 48 YEARS
S/O. PAPPU, VITHAYATHIL HOUSE
CUTTING UNIT LEADER INTUC,
AYYAMPUZHA P.O,
ERNAKULAM, PIN - 683581
9 PURUSHOTHAMAN
AGED 60 YEARS
S/O. ACHUTHAN, PUTHENPURAYILVEEDU,
CUTTING UNIT LEADER CITU,
AYYAMPUZHA P.O, E RNAKULAM, PIN - 683581
10 V.J. VILSON
AGED 45 YEARS
S/O. JOSEPH, VALLOORAAN HOUSE,
CUTTING UNIT LEADER INTUC,
AYYAMPUZHA P.O, ERNAKULAM, PIN - 683581
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WP(C) No.16413 of 2025
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11 THE KERALA HEAD LOAD WORKERS WELFARE BOARD
REPRESENTED BY ITS CHAIRMAN, NO: 2017
SIVARAM MENON ROAD, ERNAKULAM NORTH,
PIN - 682018
BY ADVS.
SRI.K.R.PRATHISH
SRI.S.KRISHNA MOORTHY, SC, KERALA HEADLOAD
WORKERS WELFARE BOARD - KHWWB
SRI.P.K.SREEVALSAKRISHNAN
SRI.S.UNNIKRISHNAN (NELLAD)
SMT.KRISHNA DAS
SMT. ANIMA M., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.06.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No.16413 of 2025
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JUDGMENT
Dated this the 24th day of June, 2025 Petitioner is a licensed Contractor, who has been awarded with the work of cutting and removing rubber plants in the Kallala Estate G-Division coming under the Kalady Plantation Corporation as per Ext.P1. Ext.P2 agreement was executed by the petitioner with the workers having relevant Card of the Headload Workers Union of the area concerned, with regard to the terms and conditions of the work.
2. Now, respondents 6 to 10 posed threat to the petitioner and they are pressurising his men not to carry out the work until they succumb to the illegal demands of gawking charges demanded by them through Exts.P3 and P4 letters. On receiving Exts.P3 and P4, the petitioner approached the 2nd respondent with Ext.P5 complaint and served copy to 2025:KER:45664 WP(C) No.16413 of 2025 5 respondents 3 and 4. Respondents 6 to 10 and their henchmen have posed a threat on the petitioner and his workmen without having any authority in the area and stopped the work.
3. Despite all these, neither respondents 2 to 4 has taken any positive action nor respondents 6 to 10 and their men have withdrawn from their illegal demands. Aggrieved by the inaction on the part of respondents 2 to 4 on Ext.P5, the petitioner has approached this Court.
4. The petitioner states that the petitioner has already executed an agreement with the local headload workers and the petitioner has to honour the agreement.
5. Standing Counsel representing the 11th respondent-Kerala Headload Workers Welfare Board would submit that the area, where the petitioner's establishment is situated, is not a Scheme operationalised 2025:KER:45664 WP(C) No.16413 of 2025 6 area.
6. I have heard the learned counsel for the petitioner, the learned Government Pleader representing respondents 1 to 5 and the learned Standing Counsel appearing for the 11th respondent.
7. If the area, where the petitioner's establishment is situated, is not a Scheme operationalised area under the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme, then an employer will have liberty to engage the headload workers of his choice.
8. The petitioner would submit that he has already entered into an agreement with the local headload workers as per Ext.P2, which has to be honoured by him. In that view of the matter, I find that respondents 6 to 10 have no right to interfere with the loading and unloading work of the petitioner's establishment.
2025:KER:45664 WP(C) No.16413 of 2025 7 The writ petition is accordingly disposed of directing the 2nd respondent to extend adequate police protection to the petitioner to carry out loading and unloading activities as per Ext.P2 agreement as also using machinery, without any obstructions or hindrance from respondents 6 to 10. It is made clear that if respondents 6 to 10 have any claim over the loading and unloading work or in respect of the petitioner's establishment, they will be free to approach the Conciliation Authority under Section 21 of the Kerala Headload Workers Act, 1978.
Sd/-
N.NAGARESH JUDGE spk 2025:KER:45664 WP(C) No.16413 of 2025 8 APPENDIX OF WP(C) 16413/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE WORK ORDER ISSUED BY THE PLANTATION CORPORATION NO:
PCK/SAL-F/907/58 DATED 03/04/2025 Exhibit P2 A TRUE COPY OF THE AGREEMENT WITH WORKERS DATED.8.4.2025 Exhibit P3 A TRUE COPY OF THE LETTER ISSUED BY THE PARTY RESPONDENTS 6 TO 8 TO THE PETITIONER DATED 11.4.2025 Exhibit P4 A TRUE COPY OF THE LETTER ISSUED BY THE PARTY RESPONDENTS 9 AND 10 TO THE PETITIONER DATED NIL Exhibit P5 A TRUE COPY OF THE RECEIPT ISSUED BY THE SHO ATHIRAMPUZHA POLICE STATION DATED 11.4.2025 Exhibit P6 A TRUE COPY OF THE COMPLAINT OF THE PETITIONER TO THE LABOUR OFFICER DATED.15.4.2025 Exhibit P6(a) TRUE COPY OF THE RECEIPT ISSUED BY THE 5TH RESPONDENT DATED.15.4.2025 Exhibit P7 A TRUE COPY OF THE PETITION SUBMITTED BEFORE THE RESPONDENTS 2 TO 4 Exhibit P8 THE TRUE COPY OF RECEIPT ISSUED BY SUPERINDENT OF POLICE ERNAKULAM RURAL DATED 3.5.2025 Exhibit P9 THE TRUE COPY OF RECEIPT ISSUED BY SUB DIVISIONAL OFFICE OF POLICE(SDOP)DATED 3.5.25 Exhibit P10 THE TRUE COPY OF RECEIPT ISSUED BY AYYAMPUZHA POLICE STATION DATED 3.5.2025 2025:KER:45664 WP(C) No.16413 of 2025 9 RESPONDENT EXHIBITS Exhibit R6(a) TRUE COPY OF THE 26A CARD OF TOMY DATED 28.12.2004 Exhibit R6(b) TRUE COPY OF THE 26A CARD OF DEVIS DATED 04.02.2007 Exhibit R6(c) TRUE COPY OF THE IDENTITY CARD U/S 26A OF PURUSHOTHAMAN DATED 31.12.2000 Exhibit R6(d) TRUE COPY OF THE 26A CARD OF THE SANJU P.S DATED 11.07.2001 Exhibit R6(e) TRUE COPY OF THE 26A IDENTITY CARD OF K.S THOMAS DATED 31.12.2003 Exhibit R6(f) TRUE COPY OF THE 26A IDENTITY CARD OF P.V PAUL JOSE DATED 14.07.2004 Exhibit R6(g) TRUE COPY OF THE COMPLAINT PREFERRED BY RESPONDENT NO. 6 AND OTHERS BEFORE ASSISTANT LABOUR OFFICE ANGAMALY DATED 02.05.2025 Exhibit R6(h) TRUE COPY OF THE COMPLAINT PREFERRED BY RESPONDENT NO. 6 AND OTHERS BEFORE PLANTATION CORPORATION DATED 02.05.2025 Exhibit R6(i) TRUE COPY OF THE COMPLAINT PREFERRED BY RESPONDENT NO. 6 AND OTHERS BEFORE THE RTO ANGAMALY DATED 02.05.2025