Abdul Samad & M/S HITECH PLASTICS v. Inspector of Police, Perumpavoor; Deputy Superintendent of Police, Perumpavoor; District Police Chief, Ernakulam Rural; Assistant Labour Officer, Perumpavoor; Kerala Head Load Workers Welfare Board (District Committee); Kerala Head Load Workers Welfare Board Sub Committee; Center of Indian Trade Union (CITU); Indian National Trade Union Congress (INTUC); District Labour Officer, Ernakulam
Case Details & Bench
- Court
- High Court
- Hon'ble Judges
- Anil K. Narendran
- Judgment Date
- 2021-03-24
- Court Decision / Holding
- The writ petition is disposed of by directing the 4th respondent, Assistant Labour Officer, to consider and pass appropriate orders on Ext.P7 series of applications for registration of headload workers submitted by the 2nd petitioner, strictly in accordance with law, and within a period of three months from the date of receipt of a certified copy of the judgment, with notice to petitioners, respondents 5 to 8, and other affected parties.
- Final Disposition
- Disposed of; writ petition disposed of by directing the 4th respondent to consider Ext.P7 series and pass appropriate orders within three months, with notice to affected parties; no order as to costs.
Parties to the Case
Appellants / Petitioners
- Abdul Samad
- M/S HITECH PLASTICS
Respondents
- The Inspector of Police, Perumpavoor
- The Deputy Superintendent of Police, Perumpavoor
- District Police Chief, Ernakulam Rural
- Assistant Labour Officer, Perumpavoor
- Kerala Head Load Workers Welfare Board (District Committee)
- Kerala Head Load Workers Welfare Board Sub Committee
- Center of Indian Trade Union (CITU)
- Indian National Trade Union Congress (INTUC)
- District Labour Officer, Ernakulam
Legal Representation & Advocates
Counsels for Petitioners
- • Sri. Siraj Karoly
- • (Advocate for the petitioners)
Counsels for Respondents
- • Sri. Sunil Nath N.B.
- • Sri. Krishna Moorthy
Case Synopsis & Summary
This writ petition under Article 226 of the Constitution of India concerns the protection of workers and regulatory registration under the Kerala Head Load Workers Rules, 1981. The 1st petitioner Abdul Samad is the owner of a property in Vengola with an industrial shed; the 2nd petitioner M/S HITECH PLASTICS operates a unit on the premises under a lease. The petition seeks mandamus to direct respondents 1-3 to provide police protection to enable the 2nd petitioner to engage permanent workers for loading/unloading, against perceived threats from respondents 7 and 8 (CITU and INTUC) and their men. It also seeks a direction to the 4th respondent, the Assistant Labour Officer, to finalize registration under Exts.P7(a)-(d) and issue the relevant registration/identity cards for headload workers. The matter was heard on 24.03.2021; it was clarified that the area is a scheme-covered area and the Ext.P7 applications under Rule 26A(i) must be processed. The court disposed of the petition by directing the 4th respondent to consider Ext.P7 series and pass appropriate orders within three months, with notice to affected parties. It relied on constitutional and statutory principles, including Article 226 and Kerala Head Load Workers Rules, and cited precedents to emphasize that orders must conform to law with no coercive mandate to contravene statutory provisions. No costs were awarded.
Provisions of Law Cited
Legal Doctrines & Maxims
- No mandamus can be issued to direct the Government to refrain from enforcing the provisions of law or to do something which is contrary to law.
- Courts are to enforce the rule of law and not pass orders or directions that contravene statutory provisions.
- The general principle that a court should not direct acts contrary to law (no direction contrary to statutory provisions).
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners pressed for a mandamus directing the police authorities to provide meaningful and adequate police protection to safeguard the 2nd petitioner’s industrial unit and its workforce, and sought timely registration under Exts.P7(a)-(d) for headload workers under the Kerala Head Load Workers Rules, 1981. They asked for registration cards and for notice to affected parties in the process, arguing that the unit’s operations require regularized headload labor and protection against interference by rival unions, with Ext.P7 applications to be expeditiously considered by the 4th respondent.
Contentions of Respondents
The respondents contended that the relevant area is a scheme-covered area, and the Ext.P7 applications must be considered strictly under the Kerala Head Load Workers Rules, 1981. They requested time to obtain instructions and to ensure actions are in accordance with law, emphasizing that the court should not compel decisions contrary to statutory provisions and that mandamus cannot direct compliance with unlawful or improper actions.
Cited Precedents (2)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| State of U.P. v. Harish Chandra | (1996) 9 SCC 309 | Positive | Cited to support the proposition that mandamus cannot compel the Government to refrain from enforcing the law or to act contrary to law. |
| Bhaskara Rao A.B. v. CBI | (2011) 10 SCC 259 | Positive | Reiterated that courts generally cannot direct an authority to act in contravention of statutory provisions; supports adherence to statutory law. |
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