Popular Hardwares v. The Sub Inspector of Police, Feroke; Circle Inspector of Police, Feroke; Superintendent of Police, Kozhikode; Headload Workers' Union (CITU), Ramanattukara; Headload Workers' Union (STU), Ramanattukara; Kerala Headload Workers Welfare Fund Board; Assistant Labour Officer, Feroke

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** ## **WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942** ## **W.P.(C) No.4494 OF 2021(J)** ## **PETITIONER:** **POPULAR HARDWARES, GODOWN NO.10/449, A1-A2 THOTTUNGAL, RAMANATTUKARA, KOZHIKODE DISTRICT REPRESENTED BY ITS MANAGING PARTNER A. V. NOORUDHEEN, S/O. BEERAN KOYA, AGED 62 YEARS.** **BY ADV. SRI.R.RAMADAS** ## **RESPONDENTS:** - **1 THE SUB INSPECTOR OF POLICE, FEROKE, KOZHIKODE - 673 301.** - **2 THE CIRCLE INSPECTOR OF POLICE, FEROKE, KOZHIKODE - 673 301.** - **3 THE SUPERINTENDENT OF POLICE, KOZHIKODE - 673 001.** - **4 HEADLOAD WORKERS' UNION (CITU), RAMANATTUKARA, KOZHIKODE REPRESENTED BY ITS SECRETARY, PIN - 673 633.** - **5 HEADLOAD WORKERS' UNION (STU), RAMANATTUKARA, KOZHIKODE REPRESENTED BY ITS SECRETARY, PIN - 673 633.** - **6 KERALA HEADLOAD WORKERS WELFARE FUND BOARD REPRESENTED BY ITS SECRETARY/EXECUTIVE OFFICER, NADAKKAVU, KOZHIKODE, PIN - 673 027.** - **7 THE ASSISTANT LABOUR OFFICER, FEROKE, KOZHIKODE - 673 631.** - **R1-R3 & R7 SRI SUNIL NATH N.B., GOVERNMENT PLEADER R6 ADV. SRI.THOMAS ABRAHAM** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.4494 OF 2021(J) -2- ## **JUDGMENT** The petitioner, a partnership firm represented by its Managing Partner, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 3 to give necessary police protection to the petitioner by preventing respondents 4 and 5 Unions and its workers from creating any obstruction to the loading and unloading works being carried on by the petitioner's own permanent registered workers, within the godown premises at Thottungal, Ramanattukara. The petitioner has also sought for a writ of mandamus commanding respondents 1 to 3 to prevent respondents 4 and 5 Unions and its workers from creating any obstruction within the godown premises at Thottungal, Ramanattukara. In the writ petition, it is alleged that the Headload workers, who are the members of respondents 4 and 5 Unions are causing obstruction to the loading and unloading activities in the petitioner's godown, which is being undertaken with its own workers. Though the godown is not situated in a scheme covered area, the petitioner's own workers are having identity cards issued under Rule 26A(3) of the Kerala Headload Workers Rules, 1981, as W.P.(C) No.4494 OF 2021(J) -3- evidenced by Ext.P1 series of identity cards. Pointing out the threat/obstruction from the side of the headload workers and seeking police protection, the petitioner submitted Ext.P2 complaint dated 17.02.2021 before respondents 1 to 3 and thereafter, moved this writ petition with the aforesaid reliefs. 2. On 22.02.2021, when this writ petition came up for admission, the learned Government Pleader took notice on admission for respondents 1 to 3 and 7. The learned Standing Counsel took notice on admission for the 6[th] respondent. Urgent notice on admission by speed post was ordered to respondents 4 and 5, returnable within three weeks. This Court granted an interim order directing the 2[nd] respondent Circle Inspector of Police to take necessary steps to ensure that there is no threat to law and order in the locality, at the instance of Headload workers, who are the members of respondents 4 and 5 Unions, in connection with the loading and unloading activities in the petitioner's establishment, namely, Popular Hardwares, by engaging the registered workers covered by Ext.P1 series of identity cards. 3. Heard the learned counsel for the petitioner and also the learned Government Pleader appearing for respondents 1 to 3 W.P.(C) No.4494 OF 2021(J) -4- and 7 and also the learned Standing Counsel for the 6[th] respondent. Despite service of notice, none appears for respondents 4 and 5. 4. The Kerala Police Act, 2011 is enacted to consolidate and amend the law relating to the establishment, regulation, powers and duties of the Police Force in the State of Kerala and for matters connected therewith and incidental thereto. Chapter II of the Act deals with duties and functions of Police. Section 3 of the Act deals with general duties of Police. As per Section 3, the Police, as a service functioning category among the people as part of the administrative system shall, subject to the Constitution of India and the laws enacted thereunder, strive in accordance with the law, to ensure that all persons enjoy the freedoms and rights available under the law by ensuring peace and order, integrity of the nation, security of the State and protection of human rights. Section 4 of the Act deals with functions of Police. As per Section 4, the Police Officers shall, subject to the provisions of the Act, perform the functions enumerated in clauses (a) to (s) of Section 4. As per clause (a), the Police Officers shall enforce the law impartially; and as per clause (b), the Police Officers shall protect W.P.(C) No.4494 OF 2021(J) -5- the life, liberty, property, human rights and dignity of all persons in accordance with the law. 5. Lord Denning in 'The Due Process of law' [First Indian Reprint 1993, Page 102] has described the role of the Police thus; "In safeguarding our freedoms, the police play vital role. Society for its defence needs a well-led, well-trained and well-disciplined force or police whom it can trust, and enough of them to be able to prevent crime before it happens, or if it does happen, to detect it and bring the accused to justice. The police, of course, must act properly. They must obey the rules of right conduct. They must not extort confessions by threats or promises. They must not search a man's house without authority. They must not use more force than the occasion warrants." 6. In **Manohar Lal Sharma v. Principal Secretary** **[(2014) 2 SCC 532]** the Apex Court held that, one of the responsibilities of the police is protection of life, liberty and property of citizens. The investigation of offences is one of the important duties the police has to perform. The aim of investigation is ultimately to search for truth and bring the offender to the book. The Apex Court reiterated the said principle in **Ankush Maruti Shinde v. State of Maharashtra [(2019) 15** W.P.(C) No.4494 OF 2021(J) -6- ## **SCC 470]** . 7. In **Raghavan v. Superintendent of Police [1998 (2)** **KLT 732]** , in the context of the Section 21 of of the Kerala Headload Workers Act, 1978 and Rule 15 of the Kerala Headload Workers Rules, 1981, which deals with settlement of disputes, a Full Bench of this Court held that, the Act and the Rules provide for a machinery for settlement of disputes between the employer and the worker. In the normal course, the dispute between the employer and the headload workers employed by him are to be settled in accordance with the machinery thus provided under the Statute, just like in the case of any other labour dispute being settled in accordance with the provisions contained under the relevant Statutes. But the fact that there is a machinery provided under the Act to settle the disputes between the parties cannot stand in the way of the employer seeking police protection when there is a law and order problem. When such an employer approaches this Court under Article 226 of the Constitution of India seeking protection of person and property of the employer as well as willing workers, this Court will be justified in granting direction to the police to give protection, if circumstances so W.P.(C) No.4494 OF 2021(J) -7- warrant. One such consideration can be irreparable injury that would be suffered by the employer and/or the willing workers. There may be other circumstances also which would justify grant of such direction in the facts of a particular case. 8. The learned Government Pleader, based on the written instruction received from the 2[nd] respondent Circle Inspector of Police would submit that the area in question is not a scheme covered area. After the interim order of this Court dated 22.02.2021, at present there is no law and order issues. Having considered the pleadings and materials on record and also the submissions made by the learned counsel on both sides, this writ petition is disposed of with the following directions; i) The 2[nd] respondent Circle Inspector of Police shall take necessary steps to ensure that there is no threat to law and order in the locality, at the instance of respondents 4 and 5 Unions and its workers, in connection with any loading and unloading activities in the petitioner's godown, by engaging registered workers holding Ext.P1 series of identity cards. ii) In case there is any threat to the life of the petitioner or his workers or any threat to law and order in the locality, at the instance of respondents 4 and 5 Unions and its workers, the petitioner shall move the 2[nd] respondent Circle Inspector of Police, with a proper request for police protection. W.P.(C) No.4494 OF 2021(J) **==> picture [19 x 7] intentionally omitted <==** iii) In case any such request for Police protection is made by the petitioner, the 2[nd] respondent shall take necessary action on that request, without any delay, taking note of the statutory provisions referred to hereinbefore and also the law laid down in the decisions referred to supra. Sd/- **ANIL K. NARENDRAN JUDGE** bpr W.P.(C) No.4494 OF 2021(J) -9- ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE IDENTITY CARD ISSUED TO MOIDEEN P., PERMANENT WORKER OF THE PETITIONER.** **EXHIBIT P1(a) TRUE COPY OF THE IDENTITY CARD ISSUED TO MOIDEENKUTTY, PERMANENT WORKER OF THE PETITIONER. EXHIBIT P1(b) TRUE COPY OF THE IDENTITY CARD ISSUED TO MOHAMMED ZEBEER, PERMANENT WORKER OF THE PETITIONER.** **EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 17.02.2021 FILED BY THE PETITIONER BEFORE RESPONDENTS 1 TO 3 HEREIN SEEKING NECESSARY POLICE ASSISTANCE / POLICE PROTECTION.** **RESPONDENTS' EXHIBITS: NIL**