High Court of KeralaSingle Judge2020-02-11Disposed of; directions issued to AL0 to decide...

Sunil Kumar T.S. v. Ziyad Pool Leader (Kerala Head Load Workers Welfare Fund Scheme) INTUC & Connected Matters

Case / Petition Number:WP(C).No.27125/2017 (M) and connected WP(C) Nos. 27126/2017, 27127/2017, 27128/2017, 4639/2018, 6597/2019

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: A. Muhammed Mustaque
Judgment Date: 2020-02-11
Court Decision / Holding: The court disposed of the petitions with the following directions: (i) The Assistant Labour Officer shall hear the petitioners, the respondent Union, and KHWWB and decide within one month whether the establishment exists and whether loading/unloading is incidental to the main activity; (ii) If the AL0 opines that the unit is not an establishment (or that loading/unloading are incidental to the main activity), then police protection shall be accorded; if the AL0 holds that permanent workers cannot be engaged for loading/unloading, police shall not interfere; (iii) Interim orders shall continue until the AL0’s decision and the police protection outcome. (iv) The petitions are disposed of accordingly.
Final Disposition: Disposed of; directions issued to AL0 to decide within one month and contingent police protection based on AL0’s findings; interim orders to continue until decision.

Parties to the Case

Appellants / Petitioners

Sunil Kumar T.S.
Hamila Muhammed W/o Muhammed Kunju
Santosh Kumar E
Muhammed Kunju K.P
Salih C.I.
Jabbar M.A.

Respondents

Ziyad Pool Leader (Kerala Head Load Workers Welfare Fund Scheme) INTUC
Siddique Puliayampilly
The Sub Inspector of Police Perumbavoor
The Circle Inspector of Police Perumbavoor
The Superintendent of Police (Rural) Aluva
The Chairman Kerala Head Load Workers Welfare Fund Board
Addl. Assistant Labour Officer, R7 Perumbavoor (impleaded)
Kasargode District Committee, KHWWB
District Labour Officer, Kasargod
Secretary Head Load Workers Union (INTUC)
The District Collector, Ernakulam
The Secretary Head Load Workers Union (BMS)

Legal Representation & Advocates

Counsels for Petitioners

• K. Reghu Kottappuram
• R. Mahesh (Kottappuram)
• M. Mukesh
• Murukesh Reghu

Counsels for Respondents

• Koshy George, SC, KHWWB
• S. Krishna Moorthy, SC, KHWWB
• P. P. Thajudeen, Govt Pleader
• V. P. Prasad

Case Synopsis & Summary

These writ petitions, heard together, are filed by owners of several small-scale manufacturing units seeking police protection against obstruction in loading and unloading activities performed by their permanent workers. The petitioners contend their units are not “establishments” under Section 2(j) and the Schedule of the Kerala Head Load Workers Act, 1978, because loading/unloading is incidental to their primary manufacturing activity. Relying on the Larger Bench decision in Theresa Jose v. Sub Inspector of Police (2015) 1 KLT 485, they submit that when permanent workers perform loading/unloading as an incidental, non-primary function, the Act should not apply. The respondents, including the Kerala Head Load Workers Welfare Fund Board and INTUC functionaries, argue that the union’s enforcement and registration under the Act cover such operations, and that protection is necessary to regulate the dispute. The court observes that the dispute of fact cannot be resolved in a writ petition and that pre-existing rights to police protection are in issue. It directs the Assistant Labour Officer to hear all parties and decide within a month whether the establishment exists and whether loading/unloading work is incidental; based on that decision, police protection may be granted or denied. Interim orders shall continue until the AL0’s decision and the police protection outcome. The petitions are disposed of with these directions.

Provisions of Law Cited

Kerala Head Load Workers Act, 1978Section 2(j) of the Kerala Head Load Workers Act, 1978Schedule, Item No. 5 of the Schedule to the Kerala Head Load Workers Act, 1978

Legal Doctrines & Maxims

Theresa Jose v. Sub Inspector of Police, 2015 (1) KLT 485 (Larger Bench) - interpretation of establishment under item 5 and incidental loading/unloading operations (cited as persuasive authority)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners argued that their units are not establishments under the Kerala Head Load Workers Act, 1978. They asserted that loading and unloading is performed by permanent workers incidental to core manufacturing activities, not as the main operation. Relying on Theresa Jose (Larger Bench), they contended that if loading/unloading is incidental, the Act should not apply. They sought police protection conditioned on a finding by the Assistant Labour Officer (ALO) that the unit is not an establishment or that loading is incidental, with protection accorded accordingly. They urged the court to defer any enforcement and await ALO's/adjudicatory decision, maintaining interim protection.

Contentions of Respondents

The respondents contended that the Head Load Workers Welfare Fund Board and INTUC have a statutory mandate to regulate loading/unloading operations. They argued that if permanent workers are engaged or if the activity falls within the Act’s ambit, police protection is necessary to ensure compliance and to regulate disputes. They urged the court to direct the AL0 to decide the factual questions promptly and to ensure protection if the activity is within the Act’s scope, or to withdraw protection if not. They stressed the need to avoid arbitrary police action and uphold statutory rights under the Act.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Theresa Jose v. Sub Inspector of Police	2015(1) KLT 485	Mentioned Only	Cited as persuasive authority by petitioners regarding the non-application of the Head Load Workers Act when loading/unloading is incidental to main activity; the court references the decision to frame its consideration rather than as binding precedent.

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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 A.MUHAMED MUSTAQUE** # **TUESDAY, THE 11TH DAY OF FEBRUARY 2020 / 22ND MAGHA, 1941** ## **WP(C).No.27125 OF 2017(M)** ## **PETITIONER:** **SUNIL KUMAR T.S., PROPRIETOR,** **SUNFLAME INDUSTRIES, ARAKKAPPADY MINI INDUSTRIAL ESTATE, WEST VENGOLA.P.O., ERNAKULAM.** **BY ADVS. SRI.K.REGHU KOTTAPPURAM SRI.R.MAHESH (KOTTAPPURAM)** ## **RESPONDENTS:** - **1 ZIYAD POOL LEADER (KERALA HEAD LOAD WORKERS WELFARE FUND SCHEME)INTUC, MINI KAVALA, VENGOLA PANCHAYATH, PERUMBAVOOR, ERNAKULAM, PH-9846765395 PIN- 683 542** - **2 SIDDIQUE PULIYAMPILLY PERUMBAVOOR REGIONAL TREASURER, INTUC, PERUMBAVOOR,ERNAKULAM- 683 542.** - **3 THE SUB INSPECTOR OF POLICE PERUMBAVOOR POLICE STATION, PERUMBAVOOR, ERNAKULAM- 683 542** - **4 THE CIRCLE INSPECTOR OF POLICE PERUMBAVOOR , ERNAKULAM- 683 542** - **5 THE SUPERINTENDENT OF POLICE (RURAL) ALUVA, ERNAKULAM- 683 101** - **6 THE CHAIRMAN, KERALA HEAD LOAD WORKERS WELFARE BOARD, POOKKARANMUKKU, ERNAKULAM- 682 035** **ADDL. ASSISTANT LABOUR OFFICER, R7 PERUMBAVOOR IS SUO MOTU IMPLEADED AS ADDITIONAL R7 AS PER ORDER DATED 11-02-2020 R1 BY ADV. SRI.V.P.PRASAD** **W.P.(C) Nos.27125/2017 & conn.cases 2** **R6 BY SRI.KOSHY GEORGE, SC, KHLWWB R6 BY SRI.S.KRISHNA MOORTHY, SC, KHWWB SRI.P.P.THAJUDEEN, GOVT. PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.02.2020, ALONG WITH WP(C).27126/2017(M) & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.P.(C) Nos.27125/2017 & conn.cases 3** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **TUESDAY, THE 11TH DAY OF FEBRUARY 2020 / 22ND MAGHA, 1941** **WP(C).No.27126 OF 2017** ## **PETITIONER:** **HAMILA MUHAMMED W/O.MUHAMMED KUNJU, MANAGING PARTNER SHAHINA POLYMERS, ARAKKAPPADI MINI INDUSTRIES ESTATE, WEST VENGOLA.P.O., ERNAKULAM.** **BY ADVS. SRI.K.REGHU KOTTAPPURAM SRI.M.MUKESH SRI.R.MAHESH (KOTTAPPURAM) SRI.MURUKESH REGHU** ## **RESPONDENTS:** - **1 ZIYAD POOL LEADER (KERALA HEAD LOAD WORKERS WELFARE FUND SCHEME)INTUC, MINI KAVALA, VENGOLA PANCHAYATH, PERUMBAVOOR, ERNAKULAM, PH-9846765395, PIN- 683 542.** - **2 SIDDIQUE PULIYAMPILLY PERUMBAVOOR REGIONAL TREASURER, INTUC, PERUMBAVOOR, ERNAKULAM- 683 542.** - **3 THE SUB INSPECTOR OF POLICE PERUMBAVOOR POLICE STATION, PERUMBAVOOR, ERNAKULAM- 683 542.** - **4 THE CIRCLE INSPECTOR OF POLICE PERUMBAVOOR, ERNAKULAM- 683 542.** - **5 THE SUPERINTENDENT OF POLICE (RURAL), ALUVA, ERNAKULAM- 683 101.** - **6 THE CHAIRMAN KERALA HEAD LOAD WORKERS WELFARE FUND BOARD, POOKKARANMUKKU, ERNAKULAM- 682 035.** **W.P.(C) Nos.27125/2017 & conn.cases 4** **ADDL. ASSISTANT LABOUR OFFICER, R7 PERUMBAVOOR IS SUO MOTU IMPLEADED AS ADDITIONAL R7 AS PER ORDER DATED 11-02-2020 IN W.P(C) 27126/2017. R1 BY ADV. SRI.V.P.PRASAD R6 BY SRI.KOSHY GEORGE, SC, KHLWWB R6 BY SRI.S.KRISHNA MOORTHY, SC, KHWWB SRI.P.P.THAJUDEEN, GOVT. PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.02.2020, ALONG WITH WP(C).27125/2017 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.P.(C) Nos.27125/2017 & conn.cases 5** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **TUESDAY, THE 11TH DAY OF FEBRUARY 2020 / 22ND MAGHA, 1941** **WP(C).No.27127 OF 2017** ## **PETITIONER:** **SANTHOSH KUMAR. E MANAGING PARTNER, REPRESENTING CLARITY POLY PRODUCTS, ARAKKAPADY MINI INDUSTRIAL ESTATE, WEST VENGOLA, P.O., ERNAKULAM.** **BY ADVS. SRI.K.REGHU KOTTAPPURAM SRI.M.MUKESH SRI.R.MAHESH (KOTTAPPURAM)** ## **RESPONDENTS:** - **1 ZIYAD POOL LEADER, (KERALA HEAD LOAD WORKERS SCHEME), INTUC, MINI KAVALA, VENGOLA PANCHAYATH, PERUMBAVOOR, ERNAKULAM, PIN:683542. PH:9846765395** - **2 SIDDIQUE PULIYAMPILLY PERUMBAVOOR REGIONAL TREASURER, INTUC, PERUMBAVOOR, ERNAKULAM-683542.** - **3 THE SUB INSPECTOR OF POLICE PERUMBAVOOR POLICE STATION, PERUMBAVOOR, ERNAKULAM-683542.** - **4 THE CIRCLE INSPECTOR OF POLICE PERUMBAVOOR, ERNAKULAM-683542.** - **5 THE SUPERINTENDENT OF POLICE (RURAL) ALUVA, ERNAKULAM-683101.** - **6 THE CHAIRMAN KERALA HEAD LOAD WORKERS WELFARE FUND BOARD, POOKKARANMUKKU, ERNAKULAM-682035.** ## **W.P.(C) Nos.27125/2017 & conn.cases 6** **ADDL. ADDL. R7 ASSISTANT LABOUR OFFICER, R7 PERUMBAVOOR IS SUOMOTU IMPLEADED AS ADDITIONAL R7 AS PER ORDER DATED 11-02-2020 IN W.P.(C) NO. 27127/2017 R1 BY ADV. SRI.V.P.PRASAD R6 BY SRI.KOSHY GEORGE, SC, KHLWWB R6 BY SRI.S.KRISHNA MOORTHY, SC, KHWWB SRI.P.P.THAJUDEEN, GOVT. PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.02.2020, ALONG WITH WP(C).27125/2017(M) & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.P.(C) Nos.27125/2017 & conn.cases 7** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **TUESDAY, THE 11TH DAY OF FEBRUARY 2020 / 22ND MAGHA, 1941** **WP(C).No.27128 OF 2017** ## **PETITIONER:** **MUHAMMED KUNJU. K.P** **S/O PAREED, MANAGING PARTNER, K.P.M. PLASTIC INDUSTRIES, ARAKKAPADY MINI INDUSTRIAL ESTATE, WEST VENGOLA P.O., ERNAKULAM.** **BY ADVS. SRI.K.REGHU KOTTAPPURAM SRI.R.MAHESH (KOTTAPPURAM)** ## **RESPONDENTS:** - **1 ZIYAD POOL LEADER, (KERALA HEAD LOAD WORKERS WELFARE FUND SCHEME), INTUC, MINI KAVALA, VENGOLA PANCHAYATH, PERUMBAVOOR, ERNAKULAM, PIN:683542. PH:9846765395** - **2 SIDDIQUE PULIYAMPILLY PERUMBAVOOR REGIONAL TREASURER, INTUC, PERUMBAVOOR, ERNAKULAM, 683542.** - **3 THE SUB INSPECTOR OF POLICE PERUMBAVOOR POLICE STATION, PERUMBAVOOR, ERNAKULAM-683542.** - **4 THE CIRCLE INSPECTOR OF POLICE PERUMBAVOOR, ERNAKULAM-683542.** - **5 THE SUPERINTENDENT OF POLICE (RURAL) ALUVA, ERNAKULAM-683101.** - **6 THE CHAIRMAN KERALA HEAD LOAD WORKERS WELFARE FUND BOARD, POOKKARANMUKKU, ERNAKULAM-682035.** **W.P.(C) Nos.27125/2017 & conn.cases 8** **ADDL. ASSISTANT LABOUR OFFICER, R7 PERUMBAVOOR,** **IS SUO MOTU IMPLEADED AS ADDL. R7 AS PER ORDER DATED 11-02-2020.** **R1 BY ADV. SRI.V.P.PRASAD R6 BY SRI.KOSHY GEORGE, SC, KHLWWB R6 BY SRI.S.KRISHNA MOORTHY, SC, KHWWB SRI.P.P.THAJUDEEN, SENIOR GOVT. PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.02.2020, ALONG WITH WP(C).27125/2017(M) & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.P.(C) Nos.27125/2017 & conn.cases 9** # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **TUESDAY, THE 11TH DAY OF FEBRUARY 2020 / 22ND MAGHA, 1941** ## **WP(C).No.4639 OF 2018** ## **PETITIONER:** **SALIH C.I. PROPRIETOR, B.TREE INDUSTRIES, ANANTHAPURAM INDUSTRIAL AREA, KANNUR P.O., PUTHIGE, ANANTHAPURAM, KASARGOD. BY ADVS. SRI.K.REGHU KOTTAPPURAM SRI.R.MAHESH (KOTTAPPURAM)** ## **RESPONDENTS:** **1 THE STATION HOUSE OFFICER (SUB INSPECTOR OF POLICE),KUMBALA, KASARAGOD - 671 321. 2 THE CIRCLE INSPECTOR OF POLICE KUMBALA CIRCLE OFFICE, KUMBALA, KASARAGOD - 671 321. 3 THE DISTRICT POLICE CHIEF, KASARAGOD DISTRICT, KASARAGOD 671 321. 4 THE CHAIRMAN KERALA HEAD LOAD WORKERS WELFARE FUND BOARD, POOKKARANMUKKU, ERNAKULAM - 682 035. 5 THE SECRETARY HEAD LOAD WORKERS UNION, BHARATH MAZDOOR SANGH, (B.M.S)ANANTHAPURAM, KANNUR P.O.,PUTHIGE, ANANTHAPURAM,KASARAGOD 671 321.** |**ADDL.**|<br>**THE CHAIRMAN,**| |---|---| |**R6**|**KASARGODE DISTRICT COMMITTEE, KERALA STATE HEAD**| ||**LOAD WORKERS WELFARE FUND BOARD, ARAFA BUILDINGS,**| ||**M.G. ROAD, KASARGODE.**| ||**IS IMPLEADED AS ADDL.R6 AS PER ORDER DATED**| ||**16.2.2018 IN IA 2776/2018.**| ## **W.P.(C) Nos.27125/2017 & conn.cases 10** **ADDL. THE DISTRICT LABOUR OFFICER, R7 CIVIL STATION, KASARGOD-671321. ADDL. R7 IS IMPLEADED AS PER ORDER DATED 05.03.2018 IN IA NO.4290/2018. ADDL. THE ASSISTANT LABOUR OFFICER, R8 PERUMBAVOOR. ADDL.R8 IS SUO MOTU IMPLEADED AS PER ORDER DATED 11.02.2020 IN WP(C) R4 BY SRI.THOMAS ABRAHAM, SC, KHWWB SRI.THAJUDHEEN, GOVT. PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.02.2020, ALONG WITH WP(C).27125/2017(M) & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **W.P.(C) Nos.27125/2017 & conn.cases 11** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **TUESDAY, THE 11TH DAY OF FEBRUARY 2020 / 22ND MAGHA, 1941** **WP(C).No.6597 OF 2019(Y)** ## **PETITIONER:** **JABBAR.M.A. PROPRIETOR, ALIF POLYMERS, SHED NO.9, MINI INDUSTRIAL ESTATE, WEST VENGOLA P.O, ERNAKULAM.** **BY ADVS.** **SRI.K.REGHU KOTTAPPURAM SRI.R.MAHESH (KOTTAPPURAM) SRI.MURUKESH REGHU** ## **RESPONDENTS:** - **1 THE STATION HOUSE OFFICER PERUMBAVUR POLICE STATION, PERUMBAVUR, ERNAKULAM-683 542** - **2 THE CIRCLE INSPECTOR OF POLICE PERUMBAVUR CIRCLE OFFICE, PERUMBAVUR, DIST. ERNAKULAM-683 542** - **3 THE SUPERINTENDENT OF POLICE, (POLICE CHIEF), RURAL, ALWAYE, ERNAKULAM-683 101** - **4 THE DISTRICT COLLECTOR ERNAKULAM DISTRICT, CIVIL STATION, KAKKKANAD, ERNAKULAM-682 030** - **5 THE SECRETARY HEAD LOAD WORKERS UNION (INTUC), WEST VENGOLA P.O, PERUMBAVOOR-683 542 DIST. ERNAKULAM.** **6 THE CHAIRMAN KERALA HEAD LOAD WORKERS WELFARE FUND BOARD, POOKKARANMUKKU, ERNAKULAM-682 035** ## **W.P.(C) Nos.27125/2017 & conn.cases 12** **ADDL. THE STATE OF KERALA, R7 REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695001 (ADDL.R7 IMPLEADED AS PER ORDER DATED 29.3.2019 IN IA.NO.3/2019 IN WP(C) 6597/2019 BY PRRM(J) AND NAK(J)).** **ADDL. ASSISTANT LABOUR OFFICER, R8 PERUMBAVOOR.** **ADDL. R8 IS SUO MOTU IMPLEADED AS PER ORDER DATED 11/2/2020 IN WP(C).** **R5 BY ADV. SRI.V.P.PRASAD R6 BY SRI.S.KRISHNA MOORTHY, SC, KHWWB** ## **OTHER PRESENT:** **SRI.P P THAJUDHEEN, SENIOR GOVT. PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.02.2020, ALONG WITH WP(C).27125/2017(M) AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.P.(C) Nos.27125/2017 & conn.cases 13** ## **JUDGMENT** **[ WP(C).27125/2017, WP(C).27126/2017, WP(C).27127/2017, WP(C).27128/2017, WP(C).4639/2018, WP(C).6597/2019 ]** **Dated this the 11[th] day of February 2020** These writ petitions are filed by the owners of certain small scale industrial units for Police protection. The petitioners' case is that these industrial units are small units engaged in the manufacturing of products. They have their own employees. They engaged permanent workers to do the incidental loading and unloading works related to the units. According to them, none of the units require any permanent headload worker to do the loading and unloading work. Apart from that, the petitioners would submit that the petitioners' establishments are not covered by the definition of 'establishment' as referrable under Section 2(j) read with the Schedule under the Kerala Headload Workers Act, 1978. 2. The petitioners approached this Court for Police protection when obstructions are caused to the petitioners while loading and unloading at the instance of the respondent Union. According to the petitioners, the permanent workers engaged in manufacturing and other ## **W.P.(C) Nos.27125/2017 & conn.cases 14** related work used to do loading and unloading if so required in the establishment. This nature of work is incidental to the main activity of the employee. 3. The dispute in this case is in regard to the nature of engagement of the permanent employees of the petitioners. The petitioners, placing reliance on the Larger Bench decision of this Court in _**Theresa Jose** vs._ _**Sub Inspector of Police**_ (2015(1) KLT 485), submit that when permanent workers are engaged for loading and unloading as incidental and connected to the operation, the Kerala Headload Workers Act will not apply to such establishment. The Larger Bench, after referring to Section 2(j) and item No.5 to the Schedule of Kerala Headload Workers Act, 1978, held that the first condition for being an establishment under item No.5 is that the workers shall carry operations of loading and unloading as the main and predominant operation in addition to the incidental and connected operations which are not primary. Apart from that, the petitioners have a case that it is not an establishment. 4. The disputed question of fact cannot be resolved. In these writ petitions, the petitioners seek Police protection. It pre supposes there is an existing right for the petitioners to seek such protection. The ## **W.P.(C) Nos.27125/2017 & conn.cases 15** pre existing right itself is in dispute. The Court cannot order Police protection as in the guise of Police protection, the petitioners would be able to deny legitimate right of others. In such circumstances, it is appropriate the Assistant Labour Officer resolve the issue, after adverting to the factual issues involved. He has to address both the claims made by the petitioners that it is not an establishment and the works are in the nature of incidental to the main activity of the permanent workers. Therefore, the Assistant Labour Officer, after hearing the petitioners, the respondent- Union and the Kerala Headload Workers Welfare Fund Board, and also after adverting to the nature of work, shall take a decision within a period of one month. If the Assistant Labour Officer is of the view that it is not an establishment as referred in the Schedule or is of the view that the works are in the nature of incidental and the petitioners can engage their own permanent workers, necessarily, Police shall accord protection to the petitioners. The Police protection would depend upon the decision of the Assistant Labour Officer in regard to the nature of activity. If the Assistant Labour Officer is of the view that the petitioners cannot engage their own permanent workers for loading and unloading works, ## **W.P.(C) Nos.27125/2017 & conn.cases 16** necessarily, the Police shall not interfere in such matters. The interim orders passed in this matter will continue till a decision is taken by the Assistant Labour Officer as above. These writ petitions are disposed of as above. **Sd/-** **A.MUHAMED MUSTAQUE** **JUDGE** **smp** ## **W.P.(C) Nos.27125/2017 & conn.cases 17** ## **APPENDIX OF WP(C) 27125/2017** **PETITIONER'S EXHIBITS: EXHIBIT P1 A PHOTOCOPY OF D & O LICENCE VALID UPTO 31.3.2018 WITH ENGLISH TRANSLATION. EXHIBIT P2 A PHOTOCOPY OF PETITION DATED 9.8.2017** RESPONDENTS' EXHIBITS: **EXHIBIT R1(a) TRUE COPY OF WORK CARD DATED 12-06-2017 EXHIBIT R1(b) TRUE COPY OF WORK CARD DATED 31-07-2017 EXHIBIT R1(c) TRUE COPY OF WORK CARD DATED 11-08-2017 EXHIBIT R1(d) TRUE COPY OF COMPLAINT DATED 27-07-2017** True Copy P.S to Judge smp ## **W.P.(C) Nos.27125/2017 & conn.cases 18** ## **APPENDIX OF WP(C) 27126/2017** **PETITIONER'S EXHIBITS:** **EXHIBIT P1 A PHOTOCOPY OF CERTIFICATE OF REGISTRATION DATED 27.12.2013 ISSUED BY THE COMMERCIAL TAX OFFICER.** **EXHIBIT P2 A PHOTOCOPY OF CONSENT TO OPERATE FROM KERALA POLLUTION CONTROL BOARD VIDE NO. P.C.B/EKM/DO2/ICO-392/2016 VALID UPTO 21-12-2018 DATED 21.6.2016.** **EXHIBIT P3 A PHOTOCOPY OF PETITION DATED 9.8.2017. EXHIBIT P4 A PHOTOSTAT COPY OF THE STATEMENT OF PURCHASE OF MATERIALS BROUGHT TO THE UNIT FOR THE PERIOD FROM 29.4.2019 TO 29.6.2019. EXHIBIT P5 A PHOTOSTAT COPY OF THE STATEMENT OF SALES AND DESPATCH OF PRODUCTS FROM THE UNIT OF THE PETITIONER FOR THE PERIOD FROM 09.4.2019 TO 29.6.2019. EXHIBIT P6 A PHOTOSTAT COPY OF THE ELECTRICITY BILL FOR THE MONTH OF MAY 2019 SHOWING THE CONSUMPTION OF ELECTRICITY. EXHIBIT P7 A PHOTOSTAT COPY OF THE ELECTRICITY BILL FOR THE MONTH OF JUNE 2019 SHOWING THE CONSUMPTION OF ELECTRICITY. EXHIBIT P8 A PHOTOSTAT COPY OF THE ELECTRICITY BILL FOR THE MONTH OF JULY 2019 SHOWING THE CONSUMPTION OF ELECTRICITY. RESPONDENTS' EXHIBITS: EXHIBIT R1(a) TRUE COPY OF THE WORK CARD DTD.12.6.2017. EXHIBIT R1(b) TRUE COPY OF THE WORK CARD DTD.31.07.2017. EXHIBIT R1(c) TRUE COPY OF THE WORK CARD DTD.11.08.2017. EXHIBIT R1(d) TRUE COPY OF COMPLAINT DTD.27.7.2017.** **True Copy P.S to Judge** **smp** ## **W.P.(C) Nos.27125/2017 & conn.cases 19** ## **APPENDIX OF WP(C) 27127/2017** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1: A PHOTO COPY OF CERTIFICATE OF REGISTRATION DATED 7.7.2008 ISSUED BY COMMERCIAL TAX DEPARTMENT. EXHIBIT P2: A PHOTO COPY OF THE REGISTRATION CERTIFICATE DATED 23.3.2009 ISSUED BY SUPERINTENDENT OF CENTRAL EXCISE.** - **EXHIBIT P3: A PHOTOCOPY OF LETTER OF CONSENT DATED 18.3.2017 ISSUED FROM KERALA STATE POLLUTION CONTROL BOARD.** - **EXHIBIT P4: A PHOTO COPY OF LICENCE UNDER THE PROVISIONS OF FACTORIES ACT DATED 19.5.2014.** - **EXHIBIT P5: A PHOTOCOPY OF PETITION DATED 9.8.2017. EXHIBIT P6 A PHOTOSTAT COPY OF THE STATEMENT SHOWING THE SALE OF GOODS MANUFACTURED IN THE UNIT OF THE PETITIONER AND DESPATCHED FOR THE PERIOD FROM 01.4.2019 TO 30.6.2019** - **EXHIBIT P7 A PHOTOSTAT COPY OF THE STATEMENT SHOWING THE DETAILS OF THE GOODS PURCHASED AND UNLOADED IN THE UNIT OF THE PETITIONER DURING THE PERIOD FROM 1.4.2019 TO 30.6.2019** - **EXHIBIT P8 A PHOTOSTAT COPY OF THE ELECTRICITY BILLS PAID IN THE MONTH OF APRIL IN RESPECT OF THE CONSUMPTION OF ELECTRICITY IN THE UNIT OF THE PETITIONER.** - **EXHIBIT P9 A PHOTOSTAT COPY OF THE ELECTRICITY BILLS PAID IN THE MONTH OF MAY IN RESPECT OF THE CONSUMPTION OF ELECTRICITY IN THE UNIT OF THE PETITIONER.** - **EXHIBIT P10 A PHOTOSTAT COPY OF THE ELECTRICITY BILLS PAID IN THE MONTH OF JUNE IN RESPECT OF THE CONSUMPTION OF ELECTRICITY IN THE UNIT OF THE PETITIONER.** **RESPONDENTS' EXHIBITS: EXHIBIT R1(a) TRUE COPY OF WORK CARD DTD.12.06.2017.** **W.P.(C) Nos.27125/2017 & conn.cases 20** |**EXHIBIT R1(b)**|**TRUE COPY OF WORK CARD DTD.31.07.2017.**| |---|---| |**EXHIBIT R1(c)**|**TRUE COPY OF WORK CARD DTD.11.08.2017.**| |**EXHIBIT R1(d)**|**TRUE COPY OF COMPLAINT DTD.27.07.2017.**| **True Copy** **P.S to Judge** ## **smp** ## **W.P.(C) Nos.27125/2017 & conn.cases 21** ## **APPENDIX OF WP(C) 27128/2017** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1: A PHOTO COPY OF CERTIFICATE OF REGISTRATION DATED 28.12.2010 ISSUED BY THE COMMERCIAL TAX OFFICER. EXHIBIT P2: A PHOTOCOPY OF PETITION DATED 9.8.2017. EXHIBIT P3 A PHOTOSTAT COPY OF THE STATEMENT OF PURCHASE OF MATERIALS FOR THE UNIT AND UNLOADED IN ITS PREMISES DURING THE PERIOD FROM 1.4.2019 TO 30.6.2019 EXHIBIT P4 A PHOTOSTAT COPY OF THE STATEMENT OF SALES IN THE UNIT OF THE PETITIONER AND DESPATCH OF PRODUCTS DURING THE PERIOD FROM 1.4.2019 TO 30.6.2019 RESPONDENTS' EXHIBITS EXHIBIT R1(a) TRUE COPY OF WORK CARD DTD.12.06.2017. EXHIBIT R1(b) TRUE COPY OF WORK CARD DTD.31.07.2017. EXHIBIT R1(c) TRUE COPY OF WORK CARD DTD.11.08.2017. EXHIBIT R1(d) TRUE COPY OF COMPLAINT DTD.27.07.2017.** **True Copy** **P.S to Judge** ## **smp** ## **W.P.(C) Nos.27125/2017 & conn.cases 22** ## **APPENDIX OF WP(C) 4639/2018** **PETITIONER'S EXHIBITS: EXHIBIT P1 A PHOTO COPY OF REGISTRATION CERTIFICATE DATED 9/6/2015 ISSUED BY THE DISTRICT INDUSTRIES CENTRE EXHIBIT P2 A PHOTOCOPY OF NO OBJECTION CERTIFICATE DATED 31/3/2014 EXHIBIT P3 A PHOTOCOPY OF PETITION DATED 7/2/2018** RESPONDENTS' EXHIBITS: NIL. True Copy P.S to Judge smp ## **W.P.(C) Nos.27125/2017 & conn.cases 23** ## **APPENDIX OF WP(C) 6597/2019** **PETITIONER'S EXHIBITS:** **EXHIBIT P1 A PHOTO COPY OF HIRE PURCHASE AGREEMENT DATED 28/9/2018 EXHIBIT P2 A PHOTO COPY OF REGISTRATION CERTIFICATE UNDER UDYOG ADHAR ISSUED BY THE DISTRICT INDUSTRIES CENTRE. EXHIBIT P3 A PHOTOCOPY OF GOVT. ORDER G.O. (RT) NO. 591/94/ID DATED 5.7.1994 EXHIBIT P4 A PHOTOCOPY OF THE ORDER VIDE G.O(MS) NO. 32/2014/ID DATED 28.2.2014 EXHIBIT P5 A PHOTOCOPY OF CONSENT TO OPERATE ISSUED BY POLLUTION CONTROL BOARD DATED 11.7.2018 EXHIBIT P6 A PHOTOCOPY OF PETITION DATED 27.2.2019 EXHIBIT P7 A PHOTOCOPY OF PURCHASE INVOICES IN RESPECT OF YEAR 2018 EXHIBIT P8 A PHOTOCOPY OF PURCHASE INVOICES IN RESPECT OF YEAR 2019 EXHIBIT P9 A PHOTOCOPY OF STATEMENT SHOWING PAYMENT OF ELECTRICITY CHARGES FOR THE PERIOD FROM 25.04.2012 TO 01.03.2019. EXHIBIT P10 A PHOTOCOPY OF CHART SHOWING THE PRODUCTION LAY OUT.** ## **RESPONDENTS' EXHIBITS:** ## **5TH RESPONDENT'S EXHIBITS** **EXHIBIT R5(a) TRUE COPY OF WORK CARD DTD.12.07.2017. EXHIBIT R5(b) TRUE COPY OF WORK CARD DTD.16.12.2107. EXHIBIT R5(c) TRUE COPY OF WORK CARD DTD.20.09.2018. EXHIBIT R5(d) TRUE COPY OF WORK CARD DTD.7.1.2019. EXHIBIT R5(e) TRUE COPY OF NOTICE DTD.19.02.2019. 6TH RESPONDENT'S EXHIBITS EXHIBIT R6(a) TRUE COPY OF THE GAZETTE NOTIFICATION DTD.24.12.2016. EXHIBIT R6(b) TRUE COPY OF THE RELEVANT PORTION OF MINUTES OF MEETING DTD.6.10.2017 OF KERALA** ## **W.P.(C) Nos.27125/2017 & conn.cases 24** ||**HEADLOAD WORKERS WELFARE BOARD, ERNAKULAM**| |---|---| ||**DISTRICT COMMITTEE.**| |**EXHIBIT R6(c)**|**TRUE COPY OF THE NOTICE No.D1-124/19**| ||**DTD.19.2.2019 ISSUED BY THE 6TH RESPONDENT**| ||**TO THE PETITIONER.**| |**EXHIBIT R6(d)**|**TRUE COPY OF WORK CARD OF POOL No.192**| ||**DURING THE FINANCIAL YEAR FROM 2016-2017**| ||**TO 2019 TO 2016-2017 TO 2019-2020.**| |**EXHIBIT R6(e)**|**TRUE COPY OF WORK CARD OF POOL NO.192A**| ||**DURING THE FINANCIAL YEAR 2017-18 TO 2019-**| ||**2020.**| ||**True Copy**| ||**P.S to Judge**| **smp**