Kerala High Court
Mohammed Ansar vs The Sub Inspector Of Police on 28 November, 2013
Author: S. Siri Jagan
Bench: S.Siri Jagan, K.Ramakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.SIRI JAGAN
&
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
THURSDAY, THE 28TH DAY OF NOVEMBER 2013/7TH AGRAHAYANA, 1935
WP(C).No. 28373 of 2013 (V)
----------------------------------------
PETITIONER:
-------------------
MOHAMMED ANSAR,
464, THENGILAKATH, VENGARA PANCHAYAT,
PROPRIETOR, ANSAR TRADERS, B.S.R TOWER, S.S.ROAD,
VENGARA, MALAPPURAM DISTRICT.
BY ADV. SRI.SAJEEV KUMAR K.GOPAL.
RESPONDENTS:
-----------------------
1. THE SUB INSPECTOR OF POLICE,
VENGARA POLICE STATION, VENGARA,
MALAPPURAM-676 304.
2. HAMSA,
AREEKULAM, VENGARA, MALAPPURAM-676 304,
MEMBER S.T.U, VENGARA UNIT.
3. AYOOB, POOVALAPPIL,
KANNANCHALIL KUND, VENGARA,
MALAPPURAM-676 304, MEMBER S.T.U,VENGARA UNIT.
4. SAIDALAVI,
KANPALLIPARAKKAL, KARUVALLY ROAD, VENGARA,
MALAPPURAM-676 304, MEMBER, C.I.T.U, VENGARA UNIT.
5. MOOSAKUTTY,
NEAR KAVUNGAL PALLY, VENGARA,
MALAPPURAM-676 304, MEMBER C.I.T.U, VENGARA UNIT.
R1 BY GOVT.PEADER SRI. R. PADMARAJ,
R2 TO R5 BY ADVS. SRI.N.MANOJ KUMAR,
SMT.JAYASREE MANOJ,
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 28-11-2013, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Prv.
W.P.(C).NO.28373/2013-V:
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P.1: COPY OF THE LICENCE ISSUED BY THE VENGARA GRAMA
PANCHAYAT.
EXT.P.2: COPY OF THE CERTIFICATE ISSUED BY THE COMMERCIAL TAX
DEPARTMENT, GOVERNMENT OF KERALA REGARDING
REGISTRATION UNDER THE VAT ACT.
EXT.P.3: COPY OF THE LICENCE ISSUED BY THE GOVERNMENT OF INDIA
UNDER THE FOOD AND SAFETY STANDARD ACT, 2006.
EXT.P.4: COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE
ASSISTANT LABOUR OFFICER, TIRURANAGADI VIDE
CERTIFICATE NO.VGR/2/2013.
EXT.P.5: COPY OF THE IDENTITY CARD IN RESPECT OF THE REGISTERED
HEADLOAD WORKER NAMELY, SRI. MOHAMMED FAIZAL.
EXT.P.5.A: COPY OF THE IDENTITY CARD IN RESPECT OF THE REGISTERED
HEADLOAD WORKER NAMELY, SRI. MOHAMMED NOUSHAD.
EXT.P.5.B: COPY OF THE IDENTITY CARD IN RESPECT OF THE REGISTERED
HEADLOAD WORKER NAMELY, SRI. MOHAMMED FAIZAL, MELATHIL
HOUSE.
EXT.P.5.C: COPY OF THE IDENTITY CARD IN RESPECT OF THE REGISTERED
HEADLOAD WORKER NAMELY, SRI. NISSAR.
EXT.P.5.D: COPY OF THE IDENTITY CARD IN RESPECT OF THE REGISTERED
HEADLOAD WORKER NAMELY, SRI. AKBAR.T.
EXT.P.5.E: COPY OF THE IDENTITY CARD IN RESPECT OF THE REGISTERED
HEADLOAD WORKER NAMELY, SRI. SUHAIB.
EXT.P.5.F: COPY OF THE IDENTITY CARD IN RESPECT OF THE REGISTERED
HEADLOAD WORKER NAMELY, SRI. SINEESH.
EXT.P.6: COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE
THE R.1. DTD. 07/11/2013.
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.A. TO JUDGE.
Prv.
S.SIRI JAGAN & K. RAMAKRISHNAN, JJ.
-----------------------------
W.P.(C) No.28373 of 2013
=================
Dated this the 28th day of November, 2013
J U D G M E N T
-------------------
S. Siri Jagan, J.
The petitioner is the proprietor of "M/s. Ansar Traders"
doing business in building No.X/711-A, B, C, F & G. The petitioner has all necessary licenses for conducting business in stationary and provisions. In the course of his business, the petitioner has to undertake some loading and unloading works in the premises of the building. According to the petitioner, as evidenced by Exts.P5 to P5 (f) the petitioner has his own workers registered under the Kerala Head Load Workers Rules. The petitioner alleges that respondents
2 to 5 and their supporters are preventing the petitioner from engaging the petitioner's own registered head load workers for doing loading and unloading works in his premises, demanding work for themselves. The petitioner alleges that although the petitioner sought police help to W.P.(C) No.28373 of 2013 -2- get loading and unloading work done through his own registered workers, the police did not help him. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs:
"i. to issue a writ of mandamus or other appropriate writs, directions or orders directing the 1st respondent to grant adequate and effective police protection by considering Exhibit P6 complaint submitted by the petitioner to do the loading and unloading works in the petitioner's business premises by engaging his own permanent registered head load workers without any interference from the respondents 2 to 5 or their supporters; ii. declare that as long as the petitioner is engaging his own registered permanent head load workers, he is not bound to engage any outside head load workers to do the loading and unloading works;"
2. Respondents 2 to 5 appear through counsel and submits that the petitioner has not even started the business yet, let alone any loading and unloading work. It is submitted that the respondents 2 to 5 or anybody else had no occasion to approach the petitioner claiming loading and unloading work. As such the entire averments in the writ petition are incorrect and has been made with a view to get anticipatory orders from this court, is the contention raised. W.P.(C) No.28373 of 2013 -3- It is further contended that against the registration granted to the workers of the petitioner, the union espousing the cause of the head load workers of the area has approached the authority under the Kerala Head Load Workers Act, which is pending. In such circumstances, this court should not interfere, is the contention raised by respondents 2 to 5.
3. We have heard the learned Government Pleader also.
4. As long as Exts.P5 to P5 (f) registrations are current, the petitioner cannot be prevented from getting his loading and unloading work done through the registered workers who have obtained such registration. Respondents 2 to 5 or anybody else cannot prevent the petitioner from getting loading and unloading work done through such registered workers, even if the area is covered by the Kerala Head Load Workers (Regulation of Employment and Welfare) Scheme. But that shall not stand in the way of the appropriate authority considering any appeal against Exts.P5 to P5 (f) registrations already granted, if pending. W.P.(C) No.28373 of 2013 -4- In the above circumstances, this writ petition is disposed of with the following directions:
As long as Exts.P5 to P5 (f) are current, as and when the petitioner wants protection for loading and unloading work in the petitioner's premises with workers covered by Exts.P5 to P5 (f) registrations, the 1st respondent shall afford adequate police protection to do the same. But this will not stand in the way of the appropriate authority under the Kerala Head Load Workers Act considering the validity of Exts.P5 to P5 (f) registrations in accordance with law.
Sd/-
S.SIRI JAGAN, JUDGE Sd/-
K.RAMAKRISHNAN, JUDGE Shg/