TP Tiles Center, Kalpetta, Wayanad v. Superintendent of Police, Wayanad District; Station House Officer, Kalpetta Police Station; Kerala Headload Workers Welfare Fund Board; Samyuktha Trade Union; M J Padmarajan; Anvar Sadiq; M Rajesh; Sebastin Joseph; Addl.R9 Assistant Labour Officer

W.P.(C).No.21615/22 1 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **FRIDAY, THE 28[TH] DAY OF OCTOBER 2022 / 6TH KARTHIKA, 1944** ## **WP(C) NO. 21615 OF 2022** ## **PETITIONER:** TP TILES CENTER, NEAR MUNICIPAL OFFICE, KALPETTA POST, WAYANAD 673 121, REPRESENTED BY THE MANAGING PARTNER, C ABOOBACKER, S/O. MAMMAD , AGED 59 YEARS, CHENAKKAL HOUSE, KALLUVAYAL, SULTHAN BATHERY, WAYANAD 673 592. BY ADVS. V.SHYAM P.ARUN SAHEERA K. ## **RESPONDENTS:** 1 SUPERINTENDENT OF POLICE, WAYANAD DISTRICT, KALPETTA WAYANAD 673 121. 2 THE STATION HOUSE OFFICER, KALPETTA POLICE STATION, KALPETTA WAYANAD 673 121. 3 KERALA HEADLOAD WOKERS WELFARE FUND BOARD, REPRESENTED BY EXECUTIVE OFFICER, WAYANAD DISTRICT COMMITTEE, MUNDERI ROAD, KALPETTA WAYANAD-673 121 4 SAMYUKTHA TRADE UNION (STU) REP. BY ITS SECRETARY, PWD ROAD, KALPETTA, WAYANAD 673 121. 5 M J PADMARAJAN, S/O. AV JAGANATHAN, AMBALY VADAKKEKUDY, PUZHAMUDI, WAYANAD 673 121. W.P.(C).No.21615/22 2 6 ANVAR SADIQ, S/O. SAIDALAVI, PERUNTHATTY, CHUNDAL P.O, WAYANAD 673 123. 7 M RAJESH, S/O. SUKUMARAN, MUTHARAMKOTTIL (H), PERUNTHATTA, CHUNDEL P.O, WAYANAD 673 123. 8 SEBASTIN JOSEPH, S/O. N.M. JOSEPH, NADAMKUNI, MEPPADI, WAYANAD 673 577. Addl.R9 ASSISTANT LABOUR OFFICER, ASSISTANT LABOUR OFFICE, VICTORY HOSPITAL ROAD, SULTHAN BATHERY – 673 592 (SUO MOTU IMPLEADED AS ADDL.R9) BY ADVS. THOMAS ABRAHAM ANIL K.NAIR ## **OTHER PRESENT:** T.K.SHAJAHAN-SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.10.2022, THE COURT ON 28.10.2022 DELIVERED THE FOLLOWING: W.P.(C).No.21615/22 3 ## **ANU SIVARAMAN, J.** **= = = = = = = = = = = = = = =** ## **W.P.(C).No.21615 of 2022** **= = = = = = = = = = = = = = = = Dated this the 28[th] day of October, 2022** ## **JUDGMENT** - 1.This writ petition is filed seeking the following reliefs:- “a) issue a writ of mandamus or other appropriate writ order or direction directing the respondents 1 and 2 to afford effective protection to the petitioner to conduct his business without incident at his branch and godowns situated at Bypass Road Kalpetta, Main Road Kalpetta, Sai Road Kalpetta, Emily Road Kalpetta, Wayanad. b) issue a writ of mandamus or other appropriate writ order or direction directing the respondents 1 and 2 to take immediate action on Ext.P4 and Ext-P5.” - 2.Heard the learned counsel appearing for the petitioner and the learned Government Pleader as well as the learned counsel appearing for the Board and the learned counsel appearing for the contesting party respondents. - 3.It is submitted by the learned counsel for the petitioner that the petitioner is a partnership firm dealing with tiles, sanitary wares, hardwares, bathroom fittings etc. and that the W.P.(C).No.21615/22 4 petitioner has a show room and three go-downs situated in Kalpetta, Wayanad District. It is submitted that the petitioner requires skilled and trained headload workers for the loading and unloading work in the petitioner's establishments. The petitioner had, therefore, submitted application for registration of his permanent workers under the provisions of the Kerala Headload Workers Act and Rules and had obtained such registration as evidenced by Exhibit P6(a) to P6(j) identity cards issued to the employees. However, it is contended that the contesting party respondents, who are the pool workers and members of the Union have obstructed the work of the petitioner on the ground that the registered workers cannot carry out the loading and unloading activities except in the establishment shown in their identity cards. It is submitted that though complaints have been submitted before the police, no action has been taken thereon. - 4.A counter affidavit has been filed by respondents 5 to 8 contending that the petitioner is engaging persons who are W.P.(C).No.21615/22 5 not actually headload workers and that the registration obtained by such employee is against the provisions of the Act, the Rules and the Scheme made thereunder. It is submitted that respondents 5to 8 along with other registered pool workers were doing the loading and unloading work in the showroom as well as all the go-downs of the petitioner establishment for the last more than two decades. It is further contended that Exhibit P3 judgment is under challenge in W.A.No.797/2022 and 808/2022 at the instance of the unions and W.A.No.796/2022 filed by the Kerala State Headload Workers' Welfare Board and that the appeals are pending. It is contended that there is no law and order situation and that the respondents have not created any obstruction to the work of the registered Headload Workers in respect of the establishment where they have registration. 5.An additional counter affidavit is also filed submitting that the persons for whom registration and identity cards are obtained by the petitioners are not headload workers and are persons engaged for other works like showroom manager, go- W.P.(C).No.21615/22 6 down supervisor, salesman etc. It is contended that when work was illegally denied to the contesting party respondents, the workers had erected a small shed to peacefully protest against the illegal actions of the petitioner outside the petitioners premises, but on 13.9.2022, the workers noticed that the loading and unloading work was being carried out by strangers and not by workers on whose behalf the employer obtained Rule 26A cards. The owner of the petitioner establishment and other members of the staff had thereafter physically assaulted the few workers who were present outside the petitioner's premises at the relevant time and the worker's representatives had reached the location and shifted the injured workers to the Kalpetta Government Hospital. The admission cards as well as the complaints preferred in this behalf are also produced. It is contended that the writ petition and the interim order rendered therein are being misused by the petitioner to create law and order situation and to assault and attack the workers. W.P.(C).No.21615/22 7 6. A statement is on record on behalf of the 3[rd] respondent as well. It is contended that it was pursuant to Exhibit P3 judgment that the registering authority has issued identity cards to 15 persons claiming to be engaged in loading and unloading in the T.P.Tiles Centre Godown, Kalpetta. It is submitted that the registration is for workers in respect of the specific establishment and that they cannot claim any right to carry out loading and unloading work in all establishments run by the petitioner. It is further submitted that the persons to whom Exhibit P6 to P6(j) identity cards are issued are not headload workers engaged by the petitioner and that Exhibit P3 is pending in appeal before the Division Bench. It is submitted that in the guise of identity cards issued to employees of one establishment, the petitioner cannot be permitted to carry out loading unloading work in all establishment belonging to him. 7. The learned counsel for the petitioner places reliance on a decision of a Division Bench of this Court in W.P.(C).No. 23180/2015 to contend that where the petitioner has its own W.P.(C).No.21615/22 8 workers registered under Rule 26A(3) of the Headload Workers Rules in the name of the establishment, even if the establishment changes place of business or opens a new branch, it will be open to the petitioner to engage the workers who have registration for carrying out the loading and unloading work. The decisions in **Cresent Trading Company v. Sub Inspector of Police** [2009(3) KLT 16] and **Eastern Condiments Private Limited v. Sub Inspector of Police** [W.P.(C).No.23510 of 2010] are referred to in the said judgment. The judgment of a Division Bench dated 3.8.2020 in W.A.No.109/2022 is also relied on to contend that when an establishment has permanent attached workers even in case they are not registered under the provisions of the Act, the pool workers would not have a right to obstruct the loading and unloading work being carried on by the attached permanent workers. 8. I have considered the contentions advanced on all sides. Exhibit P3 judgment of this Court directs the grant of registration and identity cards to the permanent workers of the petitioner de hors the contention that they are not W.P.(C).No.21615/22 9 headload workers and are discharging the duties of Manager, Sales Executive etc. On the basis of the said judgment, Exhibit P6 to P6(j) identity cards have been issued to the petitioner's employees. The respondents have a specific case that persons other than the registered workers are carrying out the loading and unloading work in the the several establishments belonging to the petitioner. This Court in W.P. (C).No.27873 of 2020 held that a firm or company having places of business or separate establishments in different places cannot contend that the workers who have been granted registration specifically for carrying out the loading and unloading work in one establishment can be engaged for such loading and unloading works in all establishments regardless of their location or the terms of such registration. The question whether the loading and unloading activities are being carried out by the permanent workers of the petitioner or registered workers is apparently a question of fact which falls within the definition of 'dispute' which requires a consideration by the Assistant Labour Officer as provided in Section 21 of the Act. Since specific factual contentions are raised that the loading and unloading activity in the W.P.(C).No.21615/22 10 establishment of the petitioner was being carried out neither by permanent attached workers nor by the registered workers of the petitioner, I am of the opinion that the contention raised by the respondents who are admittedly pool workers in a scheme covered area cannot be brushed aside without any consideration. It is submitted by the learned Government Pleader, on instructions, that the matter has been referred to the ALO for resolution of the dispute. 9. In the above view of the matter, there will be a direction that the parties shall attempt a conciliation of the dispute before the Assistant Labour Officer in terms of Section 21. The Assistant Labour Officer shall take appropriate steps to see that the dispute is resolved without further delay. Necessary steps shall be taken within a period of two weeks from the date of receipt of a copy of this judgment. Further action shall be taken by the Station House Officer on the basis of the settlement, if any, arrived at. sd/ ## **Anu Sivaraman, Judge** sj W.P.(C).No.21615/22 11 ## **APPENDIX OF WP(C) 21615/2022** PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PARTNERSHIP FIRM DATED 01.04.2013. - Exhibit P2 THE TRUE COPY OF TRADE LICENSE. Exhibit P3 THE TRUE COPY OF THE ORDER OF THE HIGHCOURT OF KERALA IN W.P( C) NO. 25860/2021 DATED 17.06.2022. - Exhibit P4 THE TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE SHO KALPETTA, WAYANAD DATED 28.06.2022. - Exhibit P5 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE SUPERINTENDENT OF POLICE, KALPETTA, WAYANAD DATED 29.06.2022. - Exhibit P6 A COPY OF THE GOVERNMENT OF KERALA, LABOUR DEPARTMENT IDENTITY CARD ISSUED TO ABDUL RASHEED.A.K DATED 18/6/2022 BY ASSISTANT LABOUR OFFICER KALPETTA. Exhibit P6 A A COPY OF THE GOVERNMENT OF KERALA, LABOUR DEPARTMENT IDENTITY CARD ISSUED TO ASHRAF DATED 18/6/2022 BY ASSISTANT LABOUR OFFICER KALPETTA. Exhibit P6 B A COPY OF THE GOVERNMENT OF KERALA, LABOUR DEPARTMENT IDENTITY CARD ISSUED TO BASHEER.A.K. DATED 18/6/2022 BY ASSISTANT LABOUR OFFICER KALPETTA. Exhibit P6 C A COPY OF THE GOVERNMENT OF KERALA, LABOUR DEPARTMENT IDENTITY CARD ISSUED TO ILLYAS.M. DATED 18/6/2022 BY ASSISTANT LABOUR OFFICER KALPETTA. W.P.(C).No.21615/22 12 |Exhibit P6 D|A COPY OF THE GOVERNMENT OF KERALA,| |---|---| ||LABOUR DEPARTMENT IDENTITY CARD ISSUED| ||TO SUNIL KUMAR.C DATED 18/6/2022 BY| ||ASSISTANT LABOUR OFFICER KALPETTA.| |Exhibit P6 E|A COPY OF THE GOVERNMENT OF KERALA,| ||LABOUR DEPARTMENT IDENTITY CARD ISSUED| ||TO MUHAMMED FASALUDHEENKU DATED| ||18/6/2022 BY ASSISTANT LABOUR OFFICER| ||KALPETTA.| |Exhibit P6 F|A COPY OF THE GOVERNMENT OF KERALA,| ||LABOUR DEPARTMENT IDENTITY CARD ISSUED| ||TO NIDEESH.K DATED 18/6/2022 BY| ||ASSISTANT LABOUR OFFICER KALPETTA.| |Exhibit P6 G|A COPY OF THE GOVERNMENT OF KERALA,| ||LABOUR DEPARTMENT IDENTITY CARD ISSUED| ||TO M.D.RAHEEM DATED 18/6/2022 BY| ||ASSISTANT LABOUR OFFICER KALPETTA.| |Exhibit P6 H|A COPY OF THE GOVERNMENT OF KERALA,| ||LABOUR DEPARTMENT IDENTITY CARD ISSUED| ||TO MUKESH PRASAD ROY DATED 18/6/2022 BY| ||ASSISTANT LABOUR OFFICER KALPETTA.| |Exhibit P6 I|A COPY OF THE GOVERNMENT OF KERALA,| ||LABOUR DEPARTMENT IDENTITY CARD ISSUED| ||TO DIL BAHADUR LIMBU DATED 18/6/2022 BY| ||ASSISTANT LABOUR OFFICER KALPETTA.| |Exhibit P6 J|A COPY OF THE GOVERNMENT OF KERALA,| ||LABOUR DEPARTMENT IDENTITY CARD ISSUED| ||TO M.D.KHURSID DATED 18/6/2022 BY| ||ASSISTANT LABOUR OFFICER KALPETTA.| |Exhibit P7|TRUE COPIES OF PHOTOGRAPHS PRODUCED BY| ||THE PETITIONER.| |Exhibit P7A|A TRUE COPY A COMPLAINT FILED BY THE| ||PETITIONER BEFORE THE SHO, KALPETTA,| ||WAYANAND DATED 9.9.2022.| W.P.(C).No.21615/22 13 RESPONDENT EXHIBITS Exhibit R5(A) PHOTOGRAPH EVIDENCING THE PROTEST SHED ERECTED NEAR THE PETITIONER'S ESTABLISHMENT Exhibit R5(B) TRUE COPY OF THE O.P TICKETS IN THE NAME OF SOME OF THE INJURED WORKERS Exhibit R5(C) TRUE COPY OF THE COMPLAINT DATED 13/09/2022 SUBMITTED BY THE WORKERS BEFORE THE SUB INSPECTOR OF POLICE, KALPETTA POLICE STATION Exhibit R5(D) PHOTOGRAPH EVIDENCING THE DAMAGE CAUSED TO THE PROTEST SHED True copy PS to Judge