W.P.(C). No.360 of 2022

2025:KER:28375 W.P.(C). No.360 of 2022 **==> picture [57 x 57] intentionally omitted <==** : 1 : ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE VIJU ABRAHAM** **WEDNESDAY, THE 2[ND] DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 360 OF 2022** ## **PETITIONERS:** |**1**|**AKBAR ALI**| |---|---| ||**AGED 32 YEARS**| ||**S/O.USMAN, VELOORAN, CHANGALEERI PO.,**| ||**KUMARAMPUTHUR, PALAKKAD DISTRICT - 678 762.**| |**2**|**ABDUL HAMEED**| ||**AGED 30 YEARS**| ||**S/O.HAMZA, PUTHEN PURAYKKAL, KUMARAMPUTHUR,**| ||**CHANGALEERI P.O., PALAKKAD DISTRICT - 678 672.**| |**3**|**MUHAMMED JASHIR**| ||**S/O.HAMZA, THADIYAN, KUMARAMPUTHUR, CHANGALEERI**| ||**P.O., PALAKKAD DISTRICT - 678 672.**| |**4**|**SHEREEF**| ||**AGED 31 YEARS**| ||**S/O.ABBAS, VARAYATH VALAPPIL HOUSE, CHANGALEERI**| ||**P.O., PALAKKAD DISTRICT - 678 672.**| |**5**|**ABDUL RAHMAN V.**| ||**AGED 35 YEARS**| ||**S/O.ALI V., VELLURAN HOUSE, CHANGALEERI P.O.,**| ||**PALAKKAD DISTRICT - 678 672.**| |**6**|**NOUSHAD V.**| ||**AGED 38 YEARS**| ||**S/O.HAMZA, VELOORAN HOUSE, CHANGALEERI P.O.,**| ||**PALAKKAD DISTRICT - 678 672.**| 2025:KER:28375 W.P.(C). No.360 of 2022 **==> picture [57 x 57] intentionally omitted <==** : 2 : - **7 MUHAMMED SHAKEER AGED 34 YEARS** **S/O.USMAN, VELOORAN HOUSE, CHANGALEERI P.O., PALAKKAD DISTRICT - 678 672.** - **8 MUHAMMED NOUFAL AGED 34 YEARS** - **S/O.MUHAMMED, THAIKKADAN, CHANGALEERI P.O., PALAKKAD DISTRICT - 678 672.** ## **BY ADV K.MOHANAKANNAN** ## **RESPONDENTS:** - **1 THE SUPERINTENDENT OF POLICE DISTRICT POLICE CHIEF, YAKKARA ROAD, NEAR KSRTC BUS STAND, PALAKKAD - 678 014.** - **2 STATION HOUSE OFFICER MANNARKKAD POLICE STATION, MANNARKKAD, PALAKKAD DISTRICT - 678 582.** - **3 ASSISTANT LABOUR OFFICER MANNARKKAD, PALAKKAD - 678 582.** - **4 KERALA STATE HEAD LOAD WORKERS WELFARE BOARD 1ST FLOOR, M.A.COMPLEX, OPP.KSEB OFFICE, T.B.ROAD, PALAKKAD - 678 014, REPRESENTED BY ITS CHAIRMAN.** - **5 LATHEEF** - **S/O.UNEEN, PRESIDENT, SWATHANTHARA THOZHILALI UNION (S.T.U.), MANNARKKAD, RESIDING AT KUZHIYIL PEEDIKA HOUSE, CHANGALEERI P.O., PALAKKAD DISTRICT - 678 672.** 2025:KER:28375 **==> picture [57 x 57] intentionally omitted <==** W.P.(C). No.360 of 2022 : 3 : - **6 HASSAN** **S/O.ALAVI, SECRETARY, SWATHANTHRA THOZHILALI UNION (S.T.U.), MANNARKKAD, RESIDING AT KAVUMPURATH HOUSE, CHANGALEERI P.O., PALAKKAD DISTRICT - 678 672.** - **7 JALEEL** **S/O.MOOSAKUTTY, PATTENGAL HOUSE, CHANGALEERI P.O., PALAKKAD DISTRICT - 678 672.** - **8 KASIM** **S/O.HAMZA, VELLANCHERI HOUSE, CHANGALEERI P.O., PALAKKAD DISTRICT - 678 672.** - **9 SHOUKATH** **S/O.MUHAMMED, PERIMBADARI HOUSE, CHANGALEERI P.O., PALAKKAD DISTRICT - 678 672.** **BY ADVS. THOMAS ABRAHAM MUHAMMED SHAFI M K.MUHAMMED NOUFAL(K/502/2009) T.RASINI(K/000090/2017)** ## **OTHER PRESENT:** ## **GP- RIYAL DEVASSY** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON** **02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 2025:KER:28375 **==> picture [57 x 57] intentionally omitted <==** W.P.(C). No.360 of 2022 : 4 : ## **VIJU ABRAHAM, J.** - - - - - - - - - - - - - - - - - - - - - - - - - - ## **W.P.(C) No.360 of 2022** - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2[nd] day of April, 2025 ## **JUDGMENT** The petitioners have approached this Court seeking a direction to respondents 1 and 2 to provide effective and adequate police protection to the petitioners from the threat caused by respondents 5 to 9 and their henchmen to do loading and unloading activities in Changaleeri area in Kumaramputhur in Palakkad District. 2. It is averred that the petitioners are headload workers of Kumaramputhur area in Mannarkkad, Palakkad District and they were provided with Exts.P1 to P8 identity cards by the 3[rd] respondent – Assistant Labour Officer. The grievance raised by the petitioners is that the loading and unloading work done by them are being obstructed by respondents 5 to 9, who are also headload workers of Changaleeri area. It is also contended that respondents 5 to 9 have no right to obstruct the loading and unloading activities undertaken by the petitioners and in view of the attack 2025:KER:28375 **==> picture [57 x 57] intentionally omitted <==** W.P.(C). No.360 of 2022 : 5 : on their part, crimes were also registered as evident from Exts.P9 and P10. Thereafter no action has been taken by the Police authorities in spite of filing Ext.P11 complaint by the petitioners and it is aggrieved by the same that the present writ petition has been filed. 3. When the matter was taken up for consideration on 06.01.2022 this Court has issued an interim order directing respondents 1 and 2 to ensure that there is no law and order situation in that area. 4. The learned counsel appearing for the 4[th] respondent as well as the learned Government Pleader would submit that the ALO cards issued to the petitioners, except for petitioners 6 and 8, have already been cancelled by the 3[rd] respondent in an appeal. The learned counsel appearing for the petitioners submits that challenging the cancellation of the ALO cards a writ petition has been filed as W.P.(C) No.23347 of 2022. The learned Government Pleader would further submit that Section 21 of the Kerala Headload Workers Act, provides mechanism for settlement of disputes and the 3[rd] respondent Assistant Labour Officer has to call for conciliation conferences for the purpose of bringing about **==> picture [57 x 57] intentionally omitted <==** 2025:KER:28375 W.P.(C). No.360 of 2022 : 6 : a settlement of the dispute and if the dispute could not be settled in mediation, the conciliation officer has to pass an order on merits and send report thereon to the appellate authority. 5. Section 21 of the Kerala Headload Workers Act is extracted below: _“21. Settlement of disputes :-(1) Where a dispute which is connected with the employment or non-employment or the terms of employment or with the conditions of work, of any headload worker exists or is apprehended, the Assistant Labour Officer, having jurisdiction may hold conciliation conferences for the purpose of bringing about a settlement of the dispute and, if such settlement is not arrived at, send a report of the dispute to the Conciliation Officer._ _(2) On receipt of a report under subsection (1), the Conciliation Officer may hold conciliation proceedings and shall, for the purpose of bringing about a settlement of the dispute, without delay investigate the same and all matters affecting the merits and the right settlement thereof and may do all such things as he things fit for the purpose of promoting a fair and amicable settlement of the dispute._ _(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of conciliation proceedings the Conciliation Officer shall send a report thereof to the appellate authority._ _(4) If a settlement of the dispute or any of the matters in dispute is not arrived at, the Conciliation Officer shall take a decision on the dispute or, as the case may be, on the matters in respect of which no settlement has been arrived_ 2025:KER:28375 W.P.(C). No.360 of 2022 **==> picture [57 x 57] intentionally omitted <==** : 7 : _at and shall send a report of the dispute with a copy of his decision to the appellate authority._ _(5) The decision of the Conciliation Officer under subsection (4) shall, subject to the decision of the appellate authority under subsection (7), be binding on all parties to the dispute._ _(6) Any person aggrieved by any decision of the conciliation Officer under subsection (4) may, within such time as may be prescribed, appeal to the appellate authority against such decision._ _(7) On receipt of an appeal under subsection (6), the appellate authority shall make such inquiries as it deems fit and after giving the parties an opportunity of being heard decide the appeal within a period of two week from the date of receipt of the appeal._ _(8) Notwithstanding anything contained in any law for the time being in force, the appellate authority shall not stay the operation of the decision of the Conciliation Officer pending its decision on the appeal except for good and sufficient reasons to be recorded in writing. “_ This Court has considered a similar issue in _**M/s. R.K.Ventures**_ ## _**v. District Superintendent of Police, Ernakulam[2024 KHC**_ ## _**883]**_ and has held in paragraph 13 as follows: _“13. Yet another aspect of importance is the mechanism for resolution of disputes contained in S.21 of the Act. As per S.21(1), the Assistant Labour Officer is conferred with the power to convene a conciliation conference and if no settlement is arrived at, to send a report of the dispute to_ 2025:KER:28375 W.P.(C). No.360 of 2022 **==> picture [57 x 57] intentionally omitted <==** : 8 : _the Conciliation Officer appointed under S.3 of the Act Thereupon, the Conciliation Officer should hold conciliation proceedings and if the parties come to a settlement, send a report to the appellate authority. On the other hand, if no settlement is arrived at, the Conciliation Officer can take a decision on the dispute. Any person aggrieved by the decision of the Conciliation Officer can submit an appeal to the Appellate Authority. In view of the above efficacious mechanism, grant of Police protection, without exhausting the alternative remedy would be inappropriate._ _The writ petition is hence disposed of, directing the authorities under the Headload Workers Act to decide the dispute between the petitioner and the unions, in accordance with the procedure prescribed under S.21 of the Act. The parties are at liberty to raise all their contentions before the authorities._ ” ## 6. Taking into consideration the fact that there is an effective mechanism provided for settlement of the disputes, I am inclined to dispose of the writ petition as follows: 1. The interim order dated 06.01.2022, directing respondents 1 and 2 to ensure that there is no law and order situation in that area, is made absolute. 2. If the petitioners have any dispute regarding their engagement as headload workers, the petitioners have to approach the authorities under Section 21 of the Kerala **==> picture [57 x 57] intentionally omitted <==** 2025:KER:28375 W.P.(C). No.360 of 2022 : 9 : ## Headload Workers Act. 3. Leaving open such right of the petitioners, the writ petition is disposed of. Sd/- **VIJU ABRAHAM JUDGE** sm/ 2025:KER:28375 **==> picture [57 x 57] intentionally omitted <==** W.P.(C). No.360 of 2022 : 10 : ## **APPENDIX OF WP(C) 360/2022** ## **PETITIONER EXHIBITS** - **Exhibit P1** **TRUE COPY OF THE IDENTITY CARDS OF THE PETITIONERS ISSUED BY THE 3RD RESPONDENT TO THE 1ST PETITIONERS.** - **Exhibit P2 TRUE COPY OF THE IDENTITY CARDS OF THE PETITIONERS ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONERS.** - **Exhibit P3 TRUE COPY OF THE IDENTITY CARDS OF THE PETITIONERS ISSUED BY THE 3RD RESPONDENT TO THE 3RD PETITIONERS.** - **Exhibit P4 TRUE COPY OF THE IDENTITY CARDS OF THE PETITIONERS ISSUED BY THE 3RD RESPONDENT TO THE 4TH PETITIONERS.** - **Exhibit P5 TRUE COPY OF THE IDENTITY CARDS OF THE PETITIONERS ISSUED BY THE 3RD RESPONDENT TO THE 5TH PETITIONERS.** - **Exhibit P6 TRUE COPY OF THE IDENTITY CARDS OF THE PETITIONERS ISSUED BY THE 3RD RESPONDENT TO THE 6TH PETITIONERS.** - **Exhibit P7 TRUE COPY OF THE IDENTITY CARDS OF THE PETITIONERS ISSUED BY THE 3RD RESPONDENT TO THE 7TH PETITIONERS.** - **Exhibit P8 TRUE COPY OF THE IDENTITY CARDS OF THE PETITIONERS ISSUED BY THE 3RD RESPONDENT TO THE 8TH PETITIONERS.** **Exhibit P9 TRUE COPY OF F.I.R. IN CRIME NO.1006/2021 OF MANNARKKAD POLICE STATION DATED 24/12/2021.** 2025:KER:28375 **==> picture [57 x 57] intentionally omitted <==** W.P.(C). No.360 of 2022 : 11 : **Exhibit P10 TRUE COPY OF F.I.R. IN CRIME NO.1007/2021 OF MANNARKKAD POLICE STATION DATED 24/12/2021.** **Exhibit P11 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 22/12/2021.**