P. M. Abraham and others v. Circle Inspector of Police Mannarkkad Police Station, Mannarkkad; Sub Inspector of Police Kalladicode Police Station; Centre of Indian Trade Union (CITU) Edakurissy Unit; Indian National Trade Union Congress (INTUC) Edakurissy Unit; Centre of Indian Trade Union CITU Karimba Pallippady Unit; INTUC Karimba Pallippady Unit; Swathanthra Trade Union; Bharatiya Mazdoor Sangh (BMS) Karimba Pallippady Unit; Centre of Indian Trade Union CITU Deepa Junction Unit; The Chairman Palakkad District Committee Kerala Headload Workers Welfare Fund Board

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** **THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** **THURSDAY, THE 17TH DAY OF MARCH 2016/27TH PHALGUNA, 1937** **WP(C).No. 4667 of 2016 (G) ---------------------------** **PETITIONER(S) :-** **-----------------** ## **1. P.M.ABRAHAM** **S/O.MATHAI, PANACKATHOTTAM, EDAKURISSIKUNNU KARIMBA P.O, PALAKKAD - 678 597.** ## **2. NIRMALA ABRAHAM** - **W/O.ABRAHAM, PANACKATHOTTAM, EDAKURISSIKUNNU KARIMBA P.O, PALAKKAD - 678 597.** ## **3. SEBASTIAN PANACKATHOTTAM** - **S/O.ABRAHAM, PANACKATHOTTAM, EDAKURISSIKUNNU KARIMBA P.O, PALAKKAD - 678 597.** ## **4. MATHEW PANACKATHOTTAM** - **S/O.ABRAHAM, PANACKATHOTTAM, EDAKURISSIKUNNU KARIMBA P.O, PALAKKAD - 678 597.** **BY ADVS.SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS** **RESPONDENT(S) :-** - **-------------------** **1. THE CIRCLE INSPECTOR OF POLICE MANNARKKAD POLICE STATION, MANNARKKAD PALAKKAD DISTRICT, PIN - 678 582.** **2. THE SUB INSPECTOR OF POLICE KALLADICODE POLICE STATION, T.B JUNCTION KALLADICODE, PIN - 678 596, PALAKKAD.** **3. CENTRE OF INDIAN TRADE UNION CITU EDAKURISSY UNIT, KARIMBA P.O, MANNARKKAD PALAKKAD - 678 597, REPRESENTED BY ITS SECRETARY SRI. CHAMIKUTTAN.** ## **WP(C).No. 4667 of 2016 (G)** ## **---------------------------** **4. INDIAN NATIONAL TRADE UNION CONGRESS INTUC EDAKURISSY UNIT, KARIMBA P.O, MANNARKKAD PALAKKAD - 678 597, REPRESENTED BY ITS SECRETARY.** **5. CENTRE OF INDIAN TRADE UNION CITU KARIMBA PALLIPPADY UNIT, KARIMBA P.O, MANNARKKAD PALAKKAD - 678 597, REPRESENTED BY ITS SECRETARY.** **6. INDIAN NATIONAL TRADE UNION CONGRESS INTUC KARIMBA PALLIPPADY UNIT, KARIMBA P.O, MANNARKKAD PALAKKAD - 678 597, REPRESENTED BY ITS SECRETARY.** ## **7. SWATHANTHRA TRADE UNION** - **STU KARIMBA PALLIPPADY UNIT, KARIMBA P.O, MANNARKKAD PALAKKAD - 678 597, REPRESENTED BY ITS SECRETARY.** **8. BHARATHIYA MAZDOOR SANGH (BMS) KARIMBA PALLIPPADY UNIT, KARIMBA P.O, MANNARKKAD PALAKKAD - 678 597, REPRESENTED BY ITS SECRETARY.** **9. CENTRE OF INDIAN TRADE UNION CITU DEEPA JUNCTION UNIT KALLADICODE P.O, MANNARKKAD, PALAKKAD - 678 596 REPRESENTED BY ITS SECRETARY.** ## **10. THE CHAIRMAN** - **PALAKKAD DISTRICT COMMITTEE KERALA HEADLOAD WORKERS WELFARE FUND BOARD PALAKKAD - 1.** **R1 & R2 BY SR.GOVERNMENT PLEADER, SRI.C.R. SYAM KUMAR R3 & R4 BY ADV. SRI.T.C.SURESH MENON SRI.P.S.APPU SRI.A.R.NIMOD** **R10 BY ADV. SRI.V.E.ABDUL GAFOOR, SC, KHWWB** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **--------------------------** ## **WP(C).No. 4667 of 2016 (G)** ## **APPENDIX** ## **PETITIONERS' EXHIBITS :** **------------------------** **EXHIBIT P1. COPY OF THE EXTRACT OF REGISTRATION RENEWAL RECEIPT ISSUED BY THE DEPARTMENT OF COMMERCIAL TAXES.** **EXHIBIT P2. COPY OF THE EXTRACT OF SPECIAL LICENCE ISSUED BY RUBBER BOARD TO IST PETITIONER.** **EXHIBIT P3. COPY OF THE REGISTRATION RENEWAL CERTIFICATE ISSUED BY THE DEPARTMENT OF COMMERCIAL TAXES.** **EXHIBIT P4. COPY OF THE SPECIAL LICENSE ISSUED BY RUBBER BOARD TO PETITIONERS 1 AND 2.** **EXHIBIT P5. COPY OF THE REGISTRATION RENEWAL CERTIFICATE ISSUED BY THE DEPARTMENT OF COMMERCIAL TAXES.** **EXHIBIT P6. COPY OF THE BASIC TAX RECEIPT DATED 17.7.15 ISSUED BY KARIMBA VILLAGE OFFICE IN THE NAME OF IST PETITIONER. EXHIBIT P6(A). COPY OF THE ENGLISH TRANSLATION OF BASIC TAX RECEIPT DATED 17.7.15 ISSUED BY KARIMBA VILLAGE OFFICE IN THE NAME OF THE IST PETITIONER.** **EXHIBIT P7. COPY OF THE BASIC TAX RECEIPT DATED 19.6.15 ISSUED BY KARIMBA VILLAGE OFFICE IN THE NAME OF IST PETITIONER. EXHIBIT P7(A). COPY OF THE ENGLISH TRANSLATION OF BASIC TAX RECEIPT DATED 19.6.15 ISSUED BY KARIMBA VILLAGE OFFICE IN THE NAME OF IST PETITIONER.** **EXHIBIT P8. COPY OF THE BASIC TAX RECEIPT DATED 28.5.15 ISSUED BY KARIMBA VILLAGE OFFICE IN THE NAME OF IST PETITIONER. EXHIBIT P8(A). COPY OF THE ENGLISH TRANSLATION OF BASIC TAX RECEIPT DATED 28.5.15 ISSUED BY KARIMBA VILLAGE OFFICE IN THE NAME OF IST PETITIONER.** **EXHIBIT P9. COPY OF THE BASIC TAX RECEIPT DATED 6.7.15 ISSUED BY KARIMBA VILLAGE OFFICE IN THE NAME OF 2ND PETITIONER.** **EXHIBIT P9(A). COPY OF THE ENGLISH TRANSLATION OF BASIC TAX RECEIPT DATED 6.7.15 ISSUED BY KARIMBA VILLAGE OFFICE IN THE NAME OF 2ND PETITIONER.** ## **WP(C).No. 4667 of 2016 (G)** **--------------------------** **EXHIBIT P10. COPY OF THE BASIC TAX RECEIPT DATED 6.7.15 ISSUED BY KARIMBA VILLAGE OFFICE IN THE NAME OF 2ND PETITIONER.** **EXHIBIT P10(A). COPY OF THE ENGLISH TRANSLATION OF BASIC TAX RECEIPT DATED 6.7.15 ISSUED BY KARIMBA VILLAGE OFFICE IN THE NAME OF 2ND PETITIONER.** **EXHIBIT P11. COPY OF THE BASIC TAX RECEIPT DATED 18.6.15 ISSUED BY KARIMBA VILLAGE OFFICE IN THE NAME OF 2ND PETITIONER.** **EXHIBIT P11(A). COPY OF THE ENGLISH TRANSLATION OF BASIC TAX RECEIPT DATED 18.6.15 ISSUED BY KARIMBA VILLAGE OFFICE IN THE NAME OF 2ND PETITIONER.** **EXHIBIT P12. COPY OF THE BASIC TAX RECEIPT DATED 6.7.15 ISSUED BY KARIMBA VILLAGE OFFICE IN THE NAME OF 2ND PETITIONER.** **EXHIBIT P12(A). COPY OF THE ENGLISH TRANSLATION OF BASIC TAX RECEIPT DATED 6.7.15 ISSUED BY KARIMBA VILLAGE OFFICE IN THE NAME OF 2ND PETITIONER.** **EXHIBIT P13. COPY OF THE BASIC TAX RECEIPT DATED 13.8.15 ISSUED BY KARIMBA VILLAGE OFFICE IN THE NAME OF 2ND PETITIONER.** **EXHIBIT P13(A). COPY OF THE ENGLISH TRANSLATION OF BASIC TAX RECEIPT DATED 13.8.15 ISSUED BY KARIMBA VILLAGE' OFFICE IN THE NAME OF 2ND PETITIONER.** **EXHIBIT P14. COPY OF THE BASIC TAX RECEIPT DATED 17.7.15 ISSUED BY KARIMBA VILLAGE OFFICE IN THE NAME OF 2ND PETITIONER.** **EXHIBIT P14(A). COPY OF THE ENGLISH TRANSLATION OF BASIC TAX RECEIPT DATED 17.7.15 ISSUED BY KARIMBA VILLAGE OFFICE IN THE NAME OF 2ND PETITIONER.** **EXHIBIT P15. COPY OF THE BASIC TAX RECEIPT DATED 21.7.15 ISSUED BY KARIMBA VILLAGE OFFICE IN THE NAME OF 3RD PETITIONER.** **EXHIBIT P15(A). COPY OF THE ENGLISH TRANSLATION OF BASIC TAX RECEIPT DATED 21.7.15 ISSUED BY KARIMBA VILLAGE OFFICE IN THE NAME OF 3RD PETITIONER.** ## **WP(C).No. 4667 of 2016 (G)** **--------------------------** **EXHIBIT P16. COPY OF THE BASIC TAX RECEIPT DATED 18.6.15 ISSUED BY KARIMBA VILLAGE OFFICE IN THE NAME OF 4TH PETITIONER.** **EXHIBIT P17. COPY OF THE COMPLAINT DATED NIL SUBMITTED BY THE IST PETITIONER.** **EXHIBIT P18. COPY OF THE RECEIPT DATED 15.12.15 ISSUED BY IST RESPONDENT.** **EXHIBIT P19. COPY OF THE RECEIPT DATED 18.12.15 ISSUED BY 2ND RESPONDENT.** **EXHIBIT P20. COPY OF THE COMPLAINT DATED 8.1.16 SUBMITTED BY IST PETITIONER TO POLICE.** **EXHIBIT P20(A). COPY OF THE ENGLISH TRANSLATION OF COMPLAINT DATED 8.1.16 SUBMITTED BY THE IST PETITIONER TO POLICE.** **EXHIBIT P21. COPY OF THE RECEIPT DATED 8.1.16 ISSUED BY IST RESPONDENT.** **EXHIBIT P21(A). COPY OF THE ENGLISH TRANSLATION OF RECEIPT DATED 8.1.16 ISSUED BY IST RESPONDENT.** **RESPONDENTS' EXHIBITS :** **-----------------------** **EXHIBIT R3(a) : TRUE COPY OF THE NOTICE ISSUED BY THE ASSISTANT LABOUR OFFICER, MANNARKKAD PRIOR TO THE HEARING, DATED 6.11.2015.** **EXHIBIT R3(b) : TRUE COPY OF THE OBJECTION SUBMITTED BY RESPONDENTS 3 AND 4 DATED 16.11.2015.** **EXHIBIT R3(b)(e) : TRUE COPY OF THE ENGLISH TRANSLATION OF EXT.R3 (b).** **EXHIBIT R3(c) : TRUE COPY OF THE ORDER PASSED BY THE ASSISTANT LABOUR OFFICER DATED 28.11.2015.** **EXHIBIT R3(c)(e) : TRUE COPY OF THE ENGLISH TRANSLATION OF EXT.R3 (c).** **/TRUE COPY/** **PA TO JUDGE** ## **ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.** ## **-----------------------------------------W.P.(C) No.4667 of 2016 ------------------------------------------Dated this the 17[th] day of March 2016** ## **J U D G M E N T** ## **Shaffique, J.** This writ petition has been filed seeking for police protection alleging that respondents 3 to 9 and their men are obstructing the petitioners from engaging workers of their choice for the loading and unloading activity being carried on in the petitioners' business premises. 2. According to the petitioners, the area in question, where the petitioners' business premises situates, is not a scheme covered area and therefore, the private respondents have no right to make any such demand for loading and unloading activity. When obstruction was caused, the petitioners approached the police by filing necessary complaint and since no action was taken in the matter, this writ petition has been filed. 3. We have passed an interim order on 15.2.2016 directing respondents 1 and 2 to provide adequate protection to the petitioners for carrying out loading and unloading work by their own workers without any obstruction from respondents 3 to 9. W.P.(C) No.4667 of 2016 -: 2 :- 4. Counter affidavit has been filed by respondents 3 and 4 inter alia stating that it is not a scheme covered area. The petitioners are not entitled to engage any workers unless they are having identity cards registered under Rule 26A(3) of the Kerala Head Load Workers Rules. It is stated that the application submitted by the petitioners before the Assistant Labour Officer was later withdrawn and therefore, the police protection sought is for undertaking an illegal activity. 5. Learned counsel appearing for the 10[th] respondent submits that it is not a scheme covered area. 6. Having regard to the fact that the area in question is not a scheme covered area, respondents 3 to 9 cannot take law into their hands and prevent any activity being carried on by the petitioners through their own workers. 7. The contention urged by the respondents 3 and 4 is based on the judgment of this Court in **Karunakarakurup** v. **State of Kerala** [2002 (2) KLT 776]. The position of law in this regard has been clarified in **Nijamudeen** v. **City Police Commissioner** [2011 (3) KLT 268]. Apparently, the judgment in **Karunakarakurup's case** (supra) has no application to the facts of the present case. This is a case in which, obstruction is being W.P.(C) No.4667 of 2016 -: 3 :- caused by private respondents in the matter relating to loading and unloading work being carried on by the petitioners, which, they cannot demand on account of the fact that the area in question is not a scheme covered area. Under such circumstances, the private respondents have no right to cause any obstruction in the loading and unloading work being carried on by the petitioners. Despite the fact whether the petitioners have engaged workers having identity cards or not, it is the obligation on the part of the police to maintain law and order. Hence, this writ petition is disposed of in the light of the interim order dated 15.2.2016. **Sd/-** **ASHOK BHUSHAN CHIEF JUSTICE** **Sd/A.M. SHAFFIQUE JUDGE** Jvt/17.3.2016