High Court of KeralaDivision Bench2016-06-29Writ petition allowed; police protection ordere...

Bibin K. Ramakrishnan v. S.I. of Police, Kottappady; Assistant Labour Officer, Kothamangalam; K.P. Moidu; K.P. Kunju; T.K. Rajesh; Addl. R6 Superintendent of Police, Ernakulam Rural; Addl. R7 Kerala Headload Workers Welfare Fund Board

Case / Petition Number:WP(C).No. 20029 of 2016 (C)

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: K. T. Sankaran
A. Hariprasad
Judgment Date: 2016-06-29
Court Decision / Holding: Writ petition allowed. The Superintendent of Police, Ernakulam Rural, Aluva, and the Sub Inspector of Police, Kottappady, are directed to provide adequate and effective police protection to enable the petitioner to carry on loading/unloading activities at Kunnathukudy Cement Products using the workers holding Exts.P2(a)-(c) identity cards, without obstruction from respondents 3–5 and the unions. The decision does not bar the respondent from pursuing the pending appeal before the District Labour Officer; that appeal shall be decided on its merits.
Final Disposition: Writ petition allowed; police protection ordered; petitioner's right to employ registered headload workers upheld; pending District Labour Officer appeal to proceed on merits.

Parties to the Case

Appellants / Petitioners

Bibin K. Ramakrishnan

Respondents

S.I. of Police, Kottappady, Kothamangalam
Assistant Labour Officer, Kothamangalam
K.P. Moidu, Secretary, Head Load Workers Union (CITU) Erumalikuzhy/Nellikkuzhy Panchayath, Kothamangalam
K.P. Kunju, Secretary, Head Load Workers Union (INTUC) Erumalikuzhy/Nellikkuzhy Panchayath, Kothamangalam
T.K. Rajesh, Secretary, Head Load Workers Union (BMS) Erumalikuzhy/Nellikkuzhy Panchayath, Kothamangalam
Addl.R6 The Superintendent of Police, Ernakulam Rural, Aluva
Addl.R7 Kerala Headload Workers Welfare Fund Board

Legal Representation & Advocates

Counsels for Petitioners

• Sri P. Vijayakumar
• Sri Baby KuriaKOse
• Sri M.V. Ashim
• Sri B. Harrylal

Counsels for Respondents

• Sri P.P. Thajudeen
• Sri V.P. Prasad
• Sri K.R. Rajkumar

Case Synopsis & Summary

The petitioner, Bibin K. Ramakrishnan, proprietor of Kunnathukudy Cement Products, approached the Kerala High Court seeking police protection to enable him to continue loading and unloading activities at his small-scale unit with registered headload workers. The workers were issued identity cards under Rule 26A of the Kerala Headload Workers Rules (Exts. P2(a)-(c)). Respondents, including three unions (R3–R5) and police authorities, contended that the identity cards pertained to Nellikkuzhy Panchayath and not to Kottappady; an appeal filed by the unions before the District Labour Officer was pending. The court examined the statutory framework for headload workers and relied on the Division Bench decision in Jnana Prakasam v. Natarajan (2002 (1) KLT 39), which clarifies the attached/unattached worker distinction: Column (6) refers to attached workers, while Column (7) relates to unattached workers, with the establishment name being decisive for attached workers. The court found that Exts. P2(a)-(c) establish that the workers are employed by the petitioner and are entitled to work at his establishment. Accordingly, it granted police protection to enable the petitioner to employ the workers without obstruction, while noting that the respondents’ appeal could proceed on merits. The judgment thus directs protective action and preserves the right to pursue the pending appeal.

Provisions of Law Cited

Kerala Headload Workers Rules, Rule 26A(3)

Legal Doctrines & Maxims

Employer's right to employ workers of his choice for loading/unloading in his establishment, provided workers hold valid identity cards under Rule 26A.
The attached vs unattached worker distinction as interpreted in Jnana Prakasam v. Natarajan (2002 (1) KLT 39); for attached workers, the establishment name is the relevant criterion.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that his unit in Kottappady Panchayath employs workers who hold identity cards issued under Rule 26A for registered headload workers. The cards, though bearing Nellikkuzhy Panchayath on their outer cover, record the petitioner’s establishment (Kunnathukudi Cement Products) as the employer, with Column 6/7 indicating attached/unattached status. Citing Jnana Prakasam v. Natarajan, it is argued that the establishment name governs entitlement to work for attached workers, and that the cards validly identify workers for the petitioner’s unit. Police protection is essential to prevent obstruction by unions while the pending District Labour Officer appeal proceeds on merits.

Contentions of Respondents

Respondents argue that Exts.P2(a)-(c) cards relate to Nellikkuzhy Panchayath, not Kottappady, and therefore do not empower the petitioner to use those workers at his Kottappady unit. The workers’ eligibility is contested, and the District Labour Officer’s appeal remains pending. The court should not give blanket protection that would bypass the ongoing appeal process and the statutory scheme under Rule 26A.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Jnana Prakasam v. Natarajan	2002 (1) KLT 39	Positive	Cited to interpret identity card columns and the attached/unattached worker distinction; supports the petitioner's claim that workers are employed by the petitioner and entitled to work at his establishment.

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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 K.T.SANKARAN & THE HONOURABLE MR. JUSTICE A.HARIPRASAD** **WEDNESDAY, THE 29TH DAY OF JUNE 2016/8TH ASHADHA, 1938** **WP(C).No. 20029 of 2016 (C) ----------------------------** ## **PETITIONER(S):** ## **-------------** **BIBIN K.RAMAKRISHNAN** **PROPRIETOR, KUNNATHUKUDY CEMENT PRODUCTS, KUNNATHUKUDI HOUSE, NELLIKUZHI P.O. ERUMALAPADY, KOTHAMANGALAM- 686691.** **BY ADVS.SRI.P.VIJAYAKUMAR SRI.BABY KURIAKOSE SRI.M.V.ASHIM SRI.B.HARRYLAL** **RESPONDENT(S):** - **--------------** **1. S.I OF POLICE, KOTTAPPADY, KOTHAMANGALAM - 686 691** **2. ASSISTANT LABOUR OFFICER, KOTHAMANGALAM- 679 335.** **3. K.P. MOIDU, SECRETARY, HEAD LOAD WORKERS UNION(CITU) ERUMALAPADY, NELLIKUZHY PANCHAYATH, KOTHAMANGALAM- 686 691.** **4. K.P. KUNJU, SECRETARY, HEAD LOAD WORKERS UNION(INTUC) ERUMALAPADY, NELLIKUZHY PANCHAYATH, KOTHAMANGALAM PIN- 686 691** **5. T.K RAJESH, SECRETARY, HEAD LOAD WORKERS UNION(BMS) ERUMALAPADY, NELLIKUZHY PANCHAYATH, KOTHAMANGALAM PIN- 686 691** *** ADDL.R6 IMPLEADED** **ADDL.R6 THE SUPERINTENDENT OF POLICE, ERNAKULAM RURAL, ALUVA** **(CNTD)** **WP(C).No. 20029 of 2016 (C) ----------------------------** **2** ***[ADDL.R6 IS IMPLEADED AS ADDL.R6 VIDE ORDER DATED 15.06.2016 IN IA 9477/2016]** **** ADDL.R7 IMPLEADED** **ADDL.R7 KERALA HEADLOAD WORKERS WELFARE FUND BOARD** ****[ADDL.R7 IS SUO MOTU IMPLEADED AS ADDL.R7 AS PER ORDER DATED 20.06.2016]** **R3-R5 BY ADV. SRI.V.P.PRASAD R3-R5 BY ADV. SRI.K.R.RAJKUMAR R1,R2&R6 BY GOVERNMENT PLEADER SRI P.P.THAJUDEEN** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No. 20029 of 2016 (C) ----------------------------** ## **APPENDIX** |**PETITIONER(S)'**|**EXHIBITS**| |---|---| |**-----------------------**|| |**P1**|**COPY OF THE CURRENT PANCHAYATH LICENSE IN RESPECT OF**| ||**PETITIONER'S UNIT.**| |**P2**|**COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT.**| |**P2(A)**|**COPY OF THE IDENTITY CARD OF SRI. BABU A.K.**| |**P2(B)**|**COPY OF THE IDENTITY CARD OF SRI. BABY**| |**P2(C)**|**COPY OF THE IDENTITY CARD OF SRI. SALAM.**| |**P3**|**COPY OF THE DEMAND NOTICE DATED 27.05.2016.**| |**P4**|**COPY OF THE COMPLAINT DATED 4/6/2016 BEFORE THE 1ST**| ||**RESPONDENT.**| |**P4(A)**|**COPY OF THE RECEIPT ISSUED ON 1ST RESPONDENT.**| |**P4(B)**|**COPY OF THE RECEIPT ISSUED ON RURAL S.P, ALUVA.**| |**RESPONDENT(S)'**|**EXHIBITS**| |**-----------------------**|| |**R3(A)**<br>|**COPY OF THE LETTER OF 7TH RESPONDENT DATED 22.03.2016**| |**R3(B)**<br>|**COPY OF APPEAL FILED ON 18.06.2016**| ## **//TRUE COPY//** **P.A.TO JUDGE** **JV** ## **K.T.SANKARAN & A.HARIPRASAD, JJ. -------------------------------------W.P.(C). No.20029 of 2016** **------------------------------Dated this the 29[th ] day of June, 2016** ## **JUDGMENT** ## K.T.Sankaran, J. The petitioner runs a small scale industrial enterprise by name 'Kunnathukudy Cement Products', in Kottappady Panchayath. The petitioner's unit is engaged in manufacturing concrete blocks and pavement tiles. The petitioner has employed five permanent workers in his unit. Three workers are engaged for loading and unloading work and Exts.P2(a) to P2(c) identity cards were issued to those three persons under Rule 26A of the Kerala Headload Workers Rules. 2. The writ petition was filed when the members of respondents 3 to 5 unions obstructed the loading and unloading work in the petitioner's unit. Though representations were made to the police authorities, no police assistance was afforded to the petitioner. The relief prayed for in the writ petition is to issue a direction to the Sub Inspector of Police, Kottappady, to afford effective and **W.P.(C) No.20029/2016** **2** sufficient police protection to the petitioner to enable him to carry out the loading and unloading operations in his industrial unit by employing registered headload workers employed by him without any obstruction from the members of respondents 3 to 5 unions. 3. A counter affidavit has been filed by the 3[rd] respondent. It is stated that Exts.P2(a) to P2(c) identity cards were issued to workers in Nellikkuzhy Panchayat and not for any area in Kottappady Panchayat. The petitioner's unit is in Kottappady Panchayat, and therefore, the holders of Exts.P2 (a) to P2(c) identity cards issued for the area in Nellikkuzhy Panchayat cannot claim work under the petitioner's unit. It is also stated in the counter affidavit that as against the grant of Exts.P2(a) to P2(c) identity cards, the 3[rd] respondent has filed an appeal before the District Labour Officer, Ernakulam and the appeal is pending. 4. Identity card is being issued under Rule 26A(3) of the Kerala Headload Workers Rules. Column (6) in the identity card shows the name and address of the employer, if **W.P.(C) No.20029/2016** **3** the worker is employed by a particular employer. Column (7) of the identity card indicates the area where the worker normally works. In Exts.P2(a) to P2(c) identity cards, the name and address of the employer is shown and in column (7), the name of establishment of the petitioner is shown. In Exts.P2(a) to P2(c) identity cards, it is clearly mentioned that the cards relates to 'Kunnathukudi Cement Products'. On the outer cover of the identity cards, the name of the Panchayat is mentioned as Nellikkuzhy. A Division Bench of this Court in **Jnana Prakasam v. Natarajan [2002 (1) KLT 39]** has held that Column (6) in the identity card relates to an attached worker, whereas column (7) relates to an unattached worker. If so, if a person is an attached worker, the name of the establishment is the relevant criterion. There is no dispute that 'Kunnathukudi Cement Products' belongs to the petitioner. His residence may be at Nellikkuzhy. Similarly, the residence of the headload workers to whom the identity cards are issued may be at Nellikkuzhy. That does not mean that the card holders have no right to work in the **W.P.(C) No.20029/2016** **4** establishment of the petitioner situated in Kottappady Panchayat. The objection raised by the 3[rd] respondent is not well founded in this regard. It is well settled that an employer is entitled to employ workers of his choice for carrying out the loading and unloading operations in his industrial or commercial unit, provided identity cards have been issued to the registered workers under Rule 26A of the Kerala Headload Workers Rules. There is no dispute that the persons to whom Exts.P2(a) to P2(c) identity cards were issued, are the workers working under the petitioner's establishment. If so, they are entitled to work in the petitioner's establishment and the party respondents have no right to obstruct those workers being employed by the petitioner. 5. In the above circumstances, the petitioner is entitled to the reliefs prayed for in the writ petition. There will be a direction to the Superintendent of Police, Ernakulam Rural, Aluva (additional 6[th] respondent) as well as the Sub Inspector of Police, Kottappady, Kothamangalam (1[st] **W.P.(C) No.20029/2016** **5** respondent) to afford adequate and effective police protection to the petitioner to carry out the loading and unloading activities in the petitioner's unit, namely, Kunnathukudi Cement Products, by employing the workers employed by the petitioner and to whom Exts.P2(a) to P2(c) identity cards have been issued, without any obstruction from respondents 3 to 5 and the members of the unions whom they represent. It is made clear that this judgment will not bar the 3[rd] respondent from pursuing his appeal before the District Labour Officer. None of the findings and observations contained in this judgment would hinder the consideration of that appeal on the merits. SD/- **K.T.SANKARAN JUDGE** SD/- **A.HARIPRASAD JUDGE** jv