M/S United Ply and Boards v. State of Kerala and Others

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE AMIT RAWAL THURSDAY, THE 20[TH] DAY OF JULY 2023 / 29TH ASHADHA, 1945 ``` ## **`WP(C) NO. 12126 OF 2023`** ## **`PETITIONER:`** ``` M/S.UNITED PLY AND BOARDS IV/24A, KIDAVOOR, INCHOOR ROAD, PALLARIMANGALAM, KOTHAMANGALAM, ERNAKULAM DISTRICT, REPRESENTED BY ITS PROPRIETOR ANAS M.M, SON OF MYTHEEN, RESIDING AT MATTATHIL HOUSE, ASHAMANNOOR P.O, NOOLELI, ERNAKULAM DISTRICT, PIN – 683549 ``` ``` BY ADV PEEYUS A.KOTTAM ``` ## **`RESPONDENTS:`** ``` 1STATE OF KERALA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANATHAPURAM, PIN – 695001 2STATION HOUSE OFFICER POTHANIKAD POLICE STATION, POTHANICAD-PAINGATTOOR ROAD, POTHANICAD, KERALA, PIN – 686671 3STATION HOUSE OFFICER KOTHAMANGALAM POLICE STATION, KOCHI-DHANUSHKODI ROAD, KOTHAMANGALAM, KERALA, PIN – 686691 ``` ``` 4SWATHANTHRA CHUMATTUTHOZHILALI HEADLOAD WORKERS UNION,PIDAVOOR, VARAPETTY, KOTHAMANGALAM, REPRESENTED BY ITS SECRETARY SAMEESH MUHAMMED, PATTAMMAVUDIYIL HOUSE, PALLARIMANGALAM P.O, PIN – 686691 ``` _**W.P(C)12126/2023**_ 2 - `5 KERALA HEADLOAD WORKERS WELFARE BOARD ERNAKULAM DISTRICT COMMITTEE,` ``` KUMMANCHERRY BUILDING, FLOWER JUNCTION, T.D.ROAD, ERNAKULAM, PIN - 682035, REPRESENTED BY ITS CHAIRMAN. ``` ``` 6ASSISTANT LABOUR OFFICER KOTHAMANGALAM, 3J6H+6F8, SECOND FLOOR, MINI CIVIL STATION, NEAR KSRTC BUS STAND, KOTHAMANGALAM, KERALA 679335 ``` ``` [ADDL.R5, R6 ARE IMPLEADED AS PER THE ORDER DATED 04.04.2023 IN I.A.1/2023.] ``` ``` BY ADVS. ``` ``` SRI. JUSTIN JACOB, SR. GOVERNMENT PLEADER R5- SC, KHWWB ``` ``` K.S.ARUN KUMAR ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` _**W.P(C)12126/2023**_ 3 ## J U D G M E N T Dated this the 20[th] day of July, 2023 Petitioner is a proprietorship concern alleged to be running plywood manufacturing business since 2008 at Ward No.IV of Varapetty Panchayat, a rural area, dealing in plywood, veneer, block board and flush doors. For carrying out the aforementioned activity, had employed 12 employees as they are specialised and skilled workers. It is not a Scheme covered area and therefore petitioner is not obliged to register the employees under the Kerala Headload Workers Act and Rules or to take the employees from the Headload Workers Union. But as a precaution, submitted an application for registration under Rule 26A (I) of Kerala Headload Workers Rules, as evident from Exts.P2 to P13. 2. On 28.3.2023, 4[th] respondent submitted a letter Ext.P14, demanding that the loading and unloading activities should be entrusted to the members of Swathanthra Chumattuthozhilali headload Workers Union and threatened that they will not allow the petitioner to carry out the work or run factory peacefully. Immediately a representation was submitted on 29.3.2023 to Sub Inspector of Police, Pothanikad Police Station regarding the aforementioned threat, but no action has been taken and therefore, _**W.P(C)12126/2023**_ 4 approached this Court for vindication of the grievance. 3. In support of the contentions decision of this Court in **Jilmon John v. District Police Chief and Others [2018(5) KHC 506]** and S **afa System & Solutions v. Station House Officer, Palarivattom and Others [2018 (3) KHC 311]** are relied on. In both the aforementioned matters, it was a case of loading and unloading of mobile phones and running of a Government School, which was allegedly interrupted by the Unions. 4. On the other hand, Mr.Justin Jacob, learned Senior Government Pleader submitted that there has not been any law and order situation, requiring interference and police protection. No material has been placed on record except a letter to establish the averments and prayed for dismissal of the writ petition. 5. I have heard learned counsel for the parties and appraised the paper book. 6. Admittedly, the area in which the business activity is undertaken by the petitioner is non Scheme area. Contents of letterExt.P14 when translated in English reads as follows: “We are the nearby residents of your establishment ‘United Company’ and the members of Swatantra Headload Workers Union. Therefore, we request you to entrust us with the loading and unloading activities of your establishment.” _**W.P(C)12126/2023**_ 5 7. It is seen that it is a Union registered in Scheme covered area. Submission of a letter cannot be a ground for extending a threat. No other incident has been reported. Petitioner is at liberty to seek vindication of grievance or probable interference and disturbance through prohibitory injunctions by invoking Section 9 of the Code of Civil Procedure. Had there been a situation of law and order, perhaps the _ratio decidendi_ in the judgments would have come to the rescue of the petitioner. There is no incident except Ext.P14 letter. Letter cannot be construed to be an incident warranting law and order situation. 8. In this view of the matter, I am of the view that grievance of the petitioner, for the time being, does not lie as there is alternate remedy, if so advised. Writ petition stands dismissed. Sd/AMIT RAWAL, JUDGE sou. _**W.P(C)12126/2023**_ 6 ## **`APPENDIX OF WP(C) 12126/2023`** ``` PETITIONER EXHIBITS ``` - `EXHIBIT P1 TRUE COPY OF THE ACKNOWLEDGMENT CERTIFICATE DATED 27.11.2021 ISSUED BY THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTER, ERNAKULAM` - `EXHIBIT P2 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S PERMANENT EMPLOYEE NAMED ABDUL KHALEK THROUGH ONLINE APPLICATION NO. 396100 DATED 03.03.2023` - `EXHIBIT P3 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S PERMANENT EMPLOYEE NAMED KARPURA CHANDRA MAHALIK THROUGH ONLINE APPLICATION NO. 396095 DATED 03.03.2023` - `EXHIBIT P4 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S PERMANENT EMPLOYEE NAMED TAJIM MANDAL THROUGH ONLINE APPLICATION NO. 396089 DATED 03.03.2023` - `EXHIBIT P5 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S PERMANENT EMPLOYEE NAMED RAMESH CHANDRA DAS THROUGH ONLINE APPLICATION NO. 396096 DATED 03.03.2023` - `EXHIBIT P6 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S PERMANENT EMPLOYEE NAMED MOHAMMED K.B, THROUGH ONLINE APPLICATION NO. 395944 DATED 02.03.2023` - `EXHIBIT P7 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S PERMANENT EMPLOYEE NAMED ALBIN SHAJI THROUGH ONLINE APPLICATION NO. 395951 DATED 02.03.2023` _**W.P(C)12126/2023**_ 7 - `EXHIBIT P8 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S PERMANENT EMPLOYEE NAMED ATIKUL ISLAM THROUGH ONLINE APPLICATION NO. 396090 DATED 03.03.2023` - `EXHIBIT P9 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S PERMANENT EMPLOYEE NAMED NIJAM UDDIN THROUGH ONLINE APPLICATION NO. 396092 DATED 03.03.2023` - `EXHIBIT P10 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S PERMANENT EMPLOYEE NAMED RUKKAS MYTHEEN THROUGH ONLINE APPLICATION NO. 395958 DATED 02.03.2023` - `EXHIBIT P11 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S PERMANENT EMPLOYEE NAMED ADAPLAYIL EBRAHIM MUHAMMED THROUGH ONLINE APPLICATION NO. 395955 DATED 02.03.2023` - `EXHIBIT P12 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S PERMANENT EMPLOYEE NAMED P.S.SYED MUHAMMED THROUGH ONLINE APPLICATION NO. 395963 DATED 02.03.2023` - `EXHIBIT P13 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S PERMANENT EMPLOYEE NAMED ELDHOSE K.C. THROUGH ONLINE APPLICATION NO. 395936 DATED 02.03.2023` - `EXHIBIT P14 THE TRUE COPY OF THE NOTICE DATED 28.03.2023 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER` - `EXHIBIT P15 THE TRUE COPY OF THE REPRESENTATION DATED 29.03.2023 SUBMITTED BY THE PETITIONER BEFORE THE SUB INSPECTOR OF POLICE, POTHANIKAD POLICE STATION` - `EXHIBIT P16 THE TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT TO THE PETITIONER DATED 29.03.2023 ISSUED FROM THE POTHANIKAD POLICE STATION` _**W.P(C)12126/2023**_ **==> picture [7 x 9] intentionally omitted <==** ``` EXHIBIT P17THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) 10984/2021 DATED 24.06.2021 ```