High CourtSingle JudgeDisposed of; writ petition disposed of by direc...

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 / Petition Number:W.P.(C) No.5882 OF 2021(I)

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

Article 226 of the Constitution of IndiaRule 26A(i) of the Kerala Headload Workers Rules, 1981

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 NameCitationTreatmentExplanation
State of U.P. v. Harish Chandra(1996) 9 SCC 309PositiveCited 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 259PositiveReiterated that courts generally cannot direct an authority to act in contravention of statutory provisions; supports adherence to statutory law.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** ## **WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943** ## **W.P.(C) No.5882 OF 2021(I)** ## **PETITIONERS:** - **1 ABDUL SAMAD, AGED 50 YEARS, S/O ABUBHAKAR, CIRAYILAAN HOUSE, VENGOLA VILLAGE, VENGOLA KARA, P.O.ALLAPRA, PERUMPAVOOR-683 553, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT.** - **2 M/S HITECH PLASTICS, 7/77, SADDAM ROAD, KANDAMTHARA, ALLAPRA P.O. REPRESENTED BY ITS PROPRIETOR SRI.SUHAS, AGED 30 YEARS, S/O SEYDALI, THANELIL HOUSE, MALAYATOOR VILLAGE, ILLITHODU KARA, ALUVA TALUK, NOW RESIDING AT MUDIKKAL P.O., PERUMPAVOOR-683 547, ERNAKULAM DISTRICT.** ## **BY ADV. SRI.SIRAJ KAROLY** ## **RESPONDENTS:** - **1 THE INSPECTOR OF POLICE PERUMPAVOOR, PERUMPAVOOR-683 542, ERNAKULAM DISTRICT.** - **2 THE DEPUTY SUPERINTENDENT OF POLICE, PERUMPAVOOR,683 542, ERNAKULAM DISTRICT.** - **3 DISTRICT POLICE CHIEF, ERNAKULAM RURAL, ALUVA-683 101, ERNAKULAM DISTRICT.** - **4 THE ASSISTANT LABOUR OFFICER, ASSISTANT LABOUR OFFICE PERUMPAVOOR, PERUMPAVOOR-683 542, ERNAKULAM DISTRICT.** - **5 KERALA HEAD LOAD WORKERS, WELFARE BOARD DISTRICT COMMITTEE, MARKET ROAD, ERNAKULAM, REPRESENTED BY ITS CHAIRMAN, KOCHI-35, ERNAKULAM DISTRICT.** -2- ## **W.P.(C) No.5882 OF 2021(I)** |**6**|**KERALA HEAD LOAD WORKERS WELFARE BOARD,**| |---|---| ||**SUB COMMITTEE, PERUMPAVOOR (KUNNATHUNADU TALUK),**| ||**MINI CIVIL STATION BUILDING,**| ||**PERUMBAVOOR-683 542, ERNAKULAM DISTRICT**| ||**REPRESENTED BY ITS CONVENER.**| |**7**|**CENTER OF INDIAN TRADE UNION (CITU),**| ||**KANDANTHARA UNIT POOL NO 185A,**| ||**REPRESENTED BY ITS SECRETARY M.V MOHANAN,**| ||**MANAVALATHU HOUSE,**| ||**KANDANTHARA, P.O.ALLAPRA,**| ||**PERUMPAVVOOR-683 553, ERNAKULAM DISTRICT.**| |**8**|**INDIAN NATIONAL TRADE UNION CONGRESS (INTUC),**| ||**KANDATHARA UNIT POOL NO 185B**| ||**REPRESENTED BY ITS SECRETARY,**| ||**K.M. KAREEM, S/O MYDEENKUNJU,**| ||**KAROTHUKUDI HOUSE,**| ||**KANDANTHARA, ALLAPRA P.O.,**| ||**PERMPAVOOR-683 553, ERNAKULAM DISTRICT.**| |**9**|**DISTRICT LABOUR OFFICER,**| ||**ERNAKULAM, DISTRICT LABOUR OFFICE,**| ||**CIVIL STATION, KAKKANAD,**| ||**COCHIN-682 030, ERNAKULAM DISTRICT.**| **R5-R6 BY SRI.S.KRISHNA MOORTHY, SC, KHWWB** **R1-R4 SRI.SUNIL NATH N.B., GOVERNMENT PLEADER & R9** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** -3- ## **W.P.(C) No.5882 OF 2021(I)** ## **JUDGMENT** The 1[st] petitioner is the owner in possession of a property situated in Survey Nos.2/2 and 2/20 in Block No.20 of Vengola Village, with an industrial shed, covered by Ext.P1 sale deed dated 29.11.2001 and Ext.P2 tax receipt dated 16.01.2020. The 2[nd] petitioner is conducting his industrial unit in the property owned by the 1[st] petitioner on the basis of a lease agreement. The petitioners have filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding respondents 1 to 3 to provide meaningful and adequate police protection to the 2[nd] petitioner's industrial unit to engage its permanent workers for loading and unloading work against any threat from respondents 7 and 8 and their men. The petitioners have also sought for a direction to the 4[th] respondent Assistant Labour Officer to finalise the process of registration based on Exts.P7(a), P7(b), P7(c) and P7(d) applications and issue registration card/identity card, within a stipulated time. 2. On 08.03.2021, when this writ petition came up for admission, the learned Standing Counsel for respondents 5 and 6 submitted that the area in question in which the 2[nd] petitioner's ## **W.P.(C) No.5882 OF 2021(I)** -4- establishment situates is a scheme covered area. The learned Government Pleader sought time to get instructions as to the present status of Ext.P7 series of applications filed by the 2[nd] petitioner under Rule 26A(i) of the Kerala Headload Workers Rules, 1981 for registration of headload workers. 3. Heard the learned counsel for the petitioners, the learned Government Pleader appearing for respondents 1 to 4 and 9, and also the learned Standing Counsel for respondents 5 and 6. Considering the nature of relief proposed to be granted in this writ petition, service of notice on respondents 7 and 8 is dispensed with. 4. During the course of arguments, the learned counsel for the petitioners would confine the reliefs sought for in this writ petition as one for disposal of Ext.P7 series of applications, by the 4[th] respondent Assistant Labour Officer. 5. The learned Government Pleader would submit that if those applications are in order and pending consideration, the 4[th] respondent shall consider the same and pass appropriate orders thereon, within a time limit to be stipulated by this Court. 6. The learned counsel for the petitioners would submit ## **W.P.(C) No.5882 OF 2021(I)** -5- that the consideration of Ext.P7 series of applications may be with notice to an authorised representative of the 2[nd] petitioner. 7. Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of by directing the 4[th] respondent to consider and pass appropriate orders on Ext.P7 series of applications for registration of headload workers submitted by the 2[nd] petitioner, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a certified copy of this judgment, with notice to the petitioners, respondents 5 to 8 and other affected parties. 8. In **State of U.P. v. Harish Chandra [(1996) 9 SCC 309]** the Apex Court held that 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. In **Bhaskara Rao** **A.B. v. CBI [(2011) 10 SCC 259]** the Apex Court reiterated that, generally, no Court has competence to issue a direction contrary to law nor can the Court direct an authority to act in contravention of the statutory provisions. The courts are meant to enforce the rule of law and not to pass the orders or directions which are contrary to what has been injected by law. -6- ## **W.P.(C) No.5882 OF 2021(I)** 9. Therefore, in terms of the direction contained in this judgment, the 4[th] respondent Assistant Labour Officer shall take an appropriate decision in the matter, strictly in accordance with law, taking note of the relevant statutory provisions and also the law on the point. No order as to costs. Sd/- **ANIL K.NARENDRAN JUDGE** bpr -7- ## **W.P.(C) No.5882 OF 2021(I)** ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE SALE DEED NO 4918/2001 OF SRO, PERUMBAVOOR IN FAVOR OF THE 1ST PETITIONER DATED 29.11.2001** - **EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT DATED 16.1.2020 ISSUED IN FAVOUR OF THE 1ST PETITION** - **EXHIBIT P3 TRUE COPY OF THE LEASE AGREEMENT DATED 3.7.2020 BETWEEN THE 1ST PETITIONER AND 2ND PETITIONER** - **EXHIBIT P4 TRUE COPY OF THE GST REGISTRATION CERTIFICATE DATED 21.11.2020** - **EXHIBIT P5 TRUE COPY OF THE CONSENT TO OPERATE UNIT ISSUED BY THE CONTROL BOARD DATED 8.8.2020 ISSUED IN FAVOUR OF THE 1ST PETITIONER** - **EXHIBIT P6 TRUE COPY OF THE CERTIFICATE OF ACKNOWLEDGEMENT FROM THE DEPARTMENT OF INDUSTRIES AND COMMERCE IN FAVOUR OF THE 1ST PETITIONER DATED 15.9.2020** - **EXHIBIT P7 NIL** - **EXHIBIT P7 (A) TRUE COPY OF THE APPLICATION SUBMITTED BY THE 2ND PETITIONERS HEAD LOAD WORKER BEFORE THE 4TH RESPONDENT DATED 12.2.2021** - **EXHIBIT P7 (B) TRUE COPY OF THE APPLICATION SUBMITTED BY THE 2ND PETITIONERS HEAD LOAD WORKER BEFORE THE 4TH RESPONDENT DATED 12.2.2021** - **EXHIBIT P7 (C) TRUE COPY OF THE APPLICATION SUBMITTED BY THE 2ND PETITIONERS HEAD LOAD WORKER BEFORE THE 4TH RESPONDENT DATED 12.2.2021** - **EXHIBIT P7 (D) TRUE COPY OF THE APPLICATION SUBMITTED BY THE 2ND PETITIONERS HEAD LOAD WORKER BEFORE THE 4TH RESPONDENT DATED 12.2.2021** -8- ## **W.P.(C) No.5882 OF 2021(I)** ## **EXHIBIT P8** **TRUE COPY OF TH HEARING NOTICE ISSUED BY THE 4TH RESPONDENT IN FAVOUR OF THE 2ND PETITIONER DATED 19.2.2021** **EXHIBIT P9** **TRUE COPY OF THE LETTER JOINTLY ISSUED BY THE 7TH AND 8TH RESPONDENTS DEMANDING LOADING WORK ISSUED IN FAVOUR OF THE PETITIONER** **EXHIBIT P10** - **TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONERS JOINTLY BEFORE THE 1ST RESPONDENT DATED 26.2.2021 SEEKING POLICE PROTECTION** - **EXHIBIT P10 (A) TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONERS JOINTLY BEFORE THE 2ND RESPONDENT DATED 26.2.2021 SEEKING POLICE PROTECTION** ## **EXHIBIT P11** - **NIL** - **EXHIBIT P11 (A) TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT TO THE PETITIONERS DATED 26.2.2021** - **EXHIBIT P11 (B) TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS DATED 26.2.2021** - **EXHIBIT P11 (C) TRUE COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS DATED 26.2.2021** ## **RESPONDENTS' EXHIBITS: NIL**