Kerala High Court
Tag Chemicals India Private Limited vs The Sub Inspector Of Police on 17 September, 2015
Author: K. Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 3RD DAY OF APRIL 2018 / 13TH CHAITHRA, 1940
WP(C).No. 18603 of 2017
PETITIONER:
TAG CHEMICALS INDIA PRIVATE LIMITED,
REPRESENTED BY THEIR GENERAL MANAGER OPERATIONS
MR.BALU REYNOLDS, KINFRA BIOTECHNOLOGY AND INDUSTRIAL PARK,
KALAMASSERY, ERNAKULAM 683503.
BY ADVS.SRI.PHILIP T.VARGHESE
SRI.THOMAS T.VARGHESE
SMT.ACHU SUBHA ABRAHAM
RESPONDENT(S):
1. THE SUB INSPECTOR OF POLICE,
KALAMASSERY POLICE STATION, KALAMASSERY 683104.
ERNAKULAM DISTRICT.
2. THE CIRCLE INSPECTOR OF POLICE,
KALAMASSERY 683104, ERNAKULAM DISTRICT.
3. MR.SASIDHARAN,CONVENER,
POOL NO.5, UNDER THE KERALA HEAD LOAD WORKERS SCHEME,
KANGARAPPADY, ERNAKULAM 683503.
4. MR.ANSAR,CONVENER,
POOL NO.22, UNDER THE KERALA HEAD LOAD WORKERS SCHEME,
HMT COLONY P.O., ERNAKULAM 683503.
5. MR. ASHRAF,CONVENER,
POOL NO.70, UNDER THE KERALA HEAD LOAD WORKERS SCHEME,
MANALIMUKKU, HMT COLONY P.O., ERNAKULAM 683503.
6. MR.SURESH,CONVENER,POOL NO.9,
UNDER THE KERALA HEAD LOAD WORKERS SCHEME,
ERNAKULAM 683503.
R1 & R2 BY SENIOR GOVERNMENT PLEADER SRI. P.P.THAJUDHEEN
R3,R5,R6 BY ADVS. SMT.K.A.SANJEETHA
SRI.BALU TOM
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-04-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PBS
WP(C).No. 18603 of 2017 (A)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE COPY OF CERTIFICATE OF IMPORTER-EXPORTER
CODE ISSUED BY THE DEPUTY DIRECTOR GENERAL OF
FOREIGN TRADE DATED 17.09.2015.
EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF REGISTRATION
ISSUED TO THE PETITIONER DATED 25.02.2015.
EXHIBIT P3 TRUE COPY OF THE IDENTITY CARD ISSUED TO MR.SAJI
MATHEW BY THE ASSISTANT LABOUR OFFICER,
ERNAKULAM II CIRCLE.
EXHIBIT P3(A) TRUE COPY OF THE IDENTITY CARD ISSUED TO MR.BIJU
KUMAR K.N. BY THE ASSISTANT LABOUR OFFICER,
ERNAKULAM II CIRCLE.
EXHIBIT P4 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE
PETITIONER TO THE 1ST RESPONDENT DATED 13.05.2017.
RESPONDENT'S EXHIBITS
EXHIBIT R6(A) PHOTOSTAT COPY OF THE APPEAL FILED BY THE REGISTERED
HEAD LOAD WORKERS BEFORE THE DISTRICT LABOUR OFFICER.
EXHIBIT R6(B) PHOTOSTAT COPY OF THE NOTICE DATED 16.01.2018 ISSUED BY
THE DISTRICT LABOUR OFFICER.
/TRUE COPY/
PA TO JUDGE
PBS
5/4/2018
K. VINOD CHANDRAN & ASHOK MENON, JJ.
----------------------------------
W.P(C). No.18603 of 2017 [A]
----------------------------------
Dated this the 3rd day of April, 2018
JUDGMENT
K. Vinod Chandran, J.
The petitioner, an establishment, carrying on its business in a scheme covered area under the Kerala Headload Workers Act seeks police protection against the interference caused by respondents 3 to
6. The interference is said to have been caused for reason of a claim raised for the loading and unloading work in the establishment. The petitioner contends that the petitioner has their own workers registered under Rule 26A of the Kerala Headload Workers' Rules, 1981 [for brevity, the Rules], as W.P(C). No.18603 of 2017 2 is evidenced from Exts.P3 & P3(a).
2. The learned Senior Counsel appearing for respondents 3, 5 & 6 submit that there is an appeal filed from the registration granted to the petitioner's workmen, as is seen at Ext.R6(a). Definitely, the loading and unloading work permitted to be handled by the registered workers of the petitioner would be subject to the appeal at Ext.R6(a). However, as of now since there is a valid registration, the petitioner would be permitted to carry on the loading and unloading work with the registered workers, as seen at Exts.P3 & P3(a). If any obstruction is caused, the police on a complaint shall avert the same. It is made clear that this order of protection would be subject to the orders in the appeal filed by the party respondents.
W.P(C). No.18603 of 2017 3
The writ petition is disposed of.
Sd/-
K. VINOD CHANDRAN, JUDGE.
Sd/-
ASHOK MENON, JUDGE.
sp/03/04/18 //True Copy//
P.A. To Judge