Mohammed Bilal v. Station House Officer & Circle Inspector of Police, Sooranad Police Station, Kollam District; District Police Chief, Kollam; Assistant Labour Officer, Samstamkotta, Kollam; State of Kerala; Kerala Head Load Workers Welfare Board; Secretary, Chummattu Thozhilali Union (CITU)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **THURSDAY, THE 10[TH] DAY OF MARCH 2022 / 19TH PHALGUNA, 1943 WP(C) NO.7410 OF 2022** ## **- PETITIONER :** MOHAMMED BILAL, AGED 38 YEARS S/O. ABDUL SATHAR SAIT, PARTNER OF M/S HHYS INFRAMART, AT XVI/409D, KMKIH BUILDING MUKKAVALA, KAYAMKULAM, ALAPPUZHA DISTRICT, PIN - 690 502, RESIDING AT UPPOOKKOOTTIL HOUSE, BANK ROAD, KAYAMKULAM, ALAPPUZHA DISTRICT, PIN - 690 502. BY ADVS. V.J.JAMES K.A.HAZAN M.M.FATHIMA JALEENA ARUN PAUL (KAPRASSERY) K.P.WILSON ## **- RESPONDENTS :** 1 THE STATION HOUSE OFFICER & CIRCLE INSPECTOR OF POLICE SOORANAD POLICE STATION, KOLLAM DISTRICT, PIN – 690 522. 2 THE DISTRICT POLICE CHIEF KOLLAM, PIN - 691 001. 3 THE ASST. LABOUR OFFICER SAMSTAMKOTTA, KOLLAM DISTRICT, PIN – 690 521. 4 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 5 THE CHAIRMAN KERALA HEAD LOAD WORKERS WELFARE BOARD, DISTRICT COMMITTEE OFFICE, USHUS BUILDINGS, KOLLAM, PIN - 691 001. 6 THE SECRETARY CHUMATTU THOZHILALI UNION (CITU), CHAKKUVALLI UNIT, SOORANAD NORTH GRAMA PANCHAYAT, WARD XI, WP(C) NO.7410 OF 2022 **==> picture [43 x 8] intentionally omitted <==** P. O. SOORANAD NORTH, KOLLAM DISTRICT, PIN - 690 522. BY ADV K.SIJU BY SRI.T.K.SHAJAHAN, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.7410 OF 2022 -: 3 :- ## **JUDGMENT** ## **Dated this the 10th day of March, 2022** This writ petition is filed seeking the following reliefs :- - “i. Issue a Writ of Mandamus or such other Writ, Order or Direction compelling Respondents 1 & 2 to remove the illegal and forcible obstructions from the part of 6[th] Respondent and their supporters, to the loading and unloading works in the establishment of the petitioner. - ii. Issue a Writ of Mandamus or such other Writ, Order or Direction to the 1[st] and 2[nd] respondents to extend adequate and effective police protection to the petitioner, his establishment and the staff including the five registered attached head load workers in Exhibits P6 to P10 to carry out the loading and unloading works in the establishment of the petitioner.” 2. Heard the learned counsel for the petitioner, the learned Government Pleader as well as the learned counsel appearing for the 5[th] respondent. 3. It is submitted by the learned counsel for the petitioner that the petitioner is a partner of a firm which deals in cement, steel and other construction materials. The establishment has branches in Alappuzha and Kollam Districts. It is submitted that the petitioner has registered workers at its godown in Chettikulangara Panchayat, Alappuzha District. It is submitted that a branch of the establishment was started at Chakkuvalli in Sooranadu North Grama Panchayat in February, 2022. The WP(C) NO.7410 OF 2022 -: 4 :- Assistant Labour Officer had granted permission to the petitioner for employing seven employees including five head load workers in the new premises by Ext.P16. It is submitted that the petitioner has transferred and posted five out of the 15 head load workers from Chettikulangara godown to Chakkuvalli premises with effect from 1.3.2022 and the transfer was informed to the Assistant Labour Officer also. It is stated that however, the 6[th] respondent has not permitted the carrying out of the loading and unloading works in the petitioner's premises at Chakkuvalli by using his registered workers. 4. Though notice was taken out to the 6[th] respondent, there is no appearance for the 6[th] respondent. 5. The learned counsel appearing for the 5[th] respondent submits that if the persons doing the loading and unloading activities in the new premises are persons having due registrations, the petitioner is entitled to carry out such activities using such registered workers even when transferring them from the Chettikulangara premises. 6. The learned counsel for the petitioner places reliance on the decisions of this Court in **Eastern Condiments (P) Ltd.** v. **Sub Inspector of Police** [2012 (3) KLT 58] and **K.K.Issac and Company** v. **District Police Chief** [2020 (2) KLT 228]. WP(C) NO.7410 OF 2022 -: 5 :- 7. A Division Bench of this Court in **Eastern Condiments (P) Ltd.** v. **Sub Inspector of Police** had specifically considered the provisions of the Headload Workers Act, Rules and the Headload Workers (Regulation of Employment and Welfare) Scheme, 1983 (for short, 'the Scheme') and had held that as long as there are permanent head load workers working for an establishment, irrespective of the area to which they belong, they can carry on their duties as long as it is for the establishment. It had also been held that the registered workers cannot be denied employment even if the establishment is shifted from one place to another. 8. A learned Single Judge of this Court in **K.K.Issac and Company** v. **District Police Chief** had also considered the provisions of the Rules and the Scheme and had held that an establishment defined under Section 2(j) of the Kerala Headload Workers Act, 1978 cannot be understood to mean the narrow geographical location and that branches of the establishment would also come within the definition of the 'establishment' and an employer can employ his regular workers who have proper registration and cards for carrying out the loading and unloading activities even in the branches of the establishment. WP(C) NO.7410 OF 2022 -: 6 :- 9. Having considered the contentions advanced and the facts of the case, I am of the opinion that in view of the fact that the petitioner specifically pleads that he has transferred registered workers to carry out the loading and unloading activities in the premises at Chakkuvalli, the petitioner would be entitled to the reliefs as sought for. There will, accordingly, be a direction that in case the petitioner faces any obstruction from the 6[th] respondent in respect to carry out loading and unloading work in his establishment at Chakkuvalli with his permanent workers who are registered head load workers, the petitioner shall inform respondents 1 and 2, who shall provide adequate protection for carrying out the loading and unloading activities in the petitioner's premises at Chakkuvalli using his registered workers. This writ petition is ordered accordingly. **Sd/ANU SIVARAMAN JUDGE** Jvt/10.3.2022 WP(C) NO.7410 OF 2022 ## -: 7 :- ## **APPENDIX OF WP(C) 7410/2022** PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PARTNERSHIP DEED DATED 10.02.2012. Exhibit P2 TRUE COPY OF THE ORDER NO.HL 5-13/2019 DATED 07.08.2019 ISSUED BY ASST. LABOUR OFFICER, MAVELIKARA. Exhibit P3 TRUE COPY OF THE ORDER NO.39-44/2020 DATED 02.10.2020 ASST. LABOUR OFFICER, MAVELIKARA. Exhibit P4 TRUE COPY OF THE LEASE DEED DATED 20.04.2021 EXECUTED BETWEEN ONE PARTNER, MOHAMMED SUHAIB AND THE PROPERTY OWNER. Exhibit P5 TRUE COPY OF THE LICENSE NO.365/2021-2022/S1/983/22 DATED 14.02.2022 ISSUED BY THE SECRETARY, SOORANAD NORTH GRAMA PANCHAYATH. Exhibit P6 TRUE COPY OF THE IDENTITY CARD OF ANAR HUSSAIN WITH REG. NO.04-03-09-2019 ISSUED BY ASST. LABOUR OFFICER, MAVELIKARA. Exhibit P7 TRUE COPY OF THE IDENTITY CARD OF ABDUL JALEEL WITH REG. NO.04-03-10-2019 ISSUED BY ASST. LABOUR OFFICER, MAVELIKARA. Exhibit P8 TRUE COPY OF THE IDENTITY CARD OF RAMAJAN ALI WITH REG. NO.04-03-11-2019 ISSUED BY ASST. LABOUR OFFICER, MAVELIKARA. Exhibit P9 TRUE COPY OF THE IDENTITY CARD OF SHIBU A. WITH REG. NO.04-03-40-2020 ISSUED BY ASST. LABOUR OFFICER, MAVELIKARA. Exhibit P10 TRUE COPY OF THE IDENTITY CARD OF MUHSIN A. - REG. NO.04-03-43-2020 ISSUED BY ASST. LABOUR OFFICER, MAVELIKARA. Exhibit P11 TRUE COPY OF THE APPOINTMENT LETTER NO.0472 DATED 1.2.2020 OF ANAR HUSSAIN, WITH THE ENDORSEMENT OF TRANSFER EFFECTED FROM 01.03.2022 WP(C) NO.7410 OF 2022 ||-: 8 :-| |---|---| ||ONWARDS.| |Exhibit P12|TRUE COPY OF THE APPOINTMENT LETTER NO.0474| ||DATED 1.2.2020 OF ABDUL JALIL, WITH THE| ||ENDORSEMENT OF TRANSFER EFFECTED FROM 01.03.2022| ||ONWARDS ISSUED TO ABDUL JALEEL.| |Exhibit P13|TRUE COPY OF THE APPOINTMENT LETTER NO.0550| ||DATED 1.12.2020 OF RAMJAN ALI, WITH THE| ||ENDORSEMENT OF TRANSFER EFFECTED FROM 01.03.2022| ||ONWARDS ISSUED TO RAMJAN ALI.| |Exhibit P14|TRUE COPY OF THE APPOINTMENT LETTER NO.0108| ||DATED 3.10.16 OF SHIBU A. WITH THE ENDORSEMENT| ||OF TRANSFER EFFECTED FROM 01.03.2022 ONWARDS| ||ISSUED TO SHIBU A.| |Exhibit P15|TRUE COPY OF THE APPOINTMENT LETTER NO.0247| ||DATED 19.07.2017 OF MUHSIN A. WITH THE| ||ENDORSEMENT OF TRANSFER EFFECTED FROM 01.03.2022| ||ONWARDS ISSUED TO MUHSIN A.| |Exhibit P16|TRUE COPY OF THE CERTIFICATE OF REGISTRATION| ||NO.SHO20510020289 DATED 26.02.2022 ISSUED BY THE| ||ASST. LABOUR OFFICER, SASTHAMKOTTA.| |Exhibit P17|TRUE COPY LETTER DATED 26.02.2022 SUBMITTED| ||BEFORE THE ASST. LABOUR OFFICER, SASTHAMKOTTA.| |Exhibit P18|TRUE COPY OF THE REGISTER OF EMPLOYMENT AND| ||WAGES IN RESPECT OF THE WEEK ENDING ON| ||05.03.2022.| |Exhibit P19|TRUE COPY OF THE COMPLAINT FILED BEFORE THE| ||STATION HOUSE OFFICER, SOORANAD POLICE STATION.| |Exhibit P20|TRUE COPY OF THE RECEIPT NO.38017/2022 DATED| ||01.03.2022 ISSUED FROM THE SOORANAD POLICE| ||STATION ACKNOWLEDGING RECEIPT OF THE COMPLAINT.|