W.P.(C). Nos. 29924/21 and connected cases (Current Books (India) Private Limited v. Commissioner of Police & others)

W.P.(C).Nos.29924/21 and con.cases 1 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 29[TH] DAY OF JULY 2022 / 7TH SRAVANA, 1944 WP(C) NO. 29924 OF 2021** ## **PETITIONER:** CURRENT BOOKS (INDIA) PRIVATE LIMITED, REGISTERED OFFICE, DC KIZHAKKEMURI EDAM, GOOD SHEPHERD STREET, KOTTAYAM-686001, REPRESENTED BY ITS MANAGER-ADMINISTRATION (LEGAL), G.VENUGOPAL, AGED 55 YEARS, SON OF K.G.GOPALAKRISHNAN, RESIDING AT GOPI VILASAM, POOTHAKKUZHI P.O., PAMBADI, KOTTAYAM-686521. BY ADVS. B.ASHOK SHENOY ARJUN R NAIK P.S.GIREESH ## **RESPONDENTS:** 1 THE COMMISSIONER OF POLICE-THIRUVANANTHAPURAM CITY, OFFICE OF THE COMMISSIONER OF POLICE, POLICE GROUND, CV RAMAN PILLAI ROAD, THYCAUD P.O., THIRUVANANTHAPURAM-695014. 2 THE STATION HOUSE OFFICER CANTONMENT POLICE STATION, PALAYAM, THIRUVANANTHAPURAM-695001. 3 THE STATION HOUSE OFFICER PETTA POLICE STATION, PALAYAM AIRPORT ROAD, NEAR PALLIMUKKUN JUNCTION, NALLUMUKKU, PETTAH, THIRUVANANTHAPURAM-695024. W.P.(C).Nos.29924/21 and con.cases 2 - 4 THE STATION HOUSE OFFICER VANCHIYOOR POLICE STATION, VANCHIYOOR ROAD, VANCHIYOOR, THIRUVANANTHAPURAM-695035. - 5 KERALA HEADLOAD WORKERS WELFARE BOARD THIRUVANANTHAPURAM DISTRICT COMMITTEE, KAUSTHUBHAM COMPLEX, TC 43/1189C, CHENTHITTA, CHALA P.O., THIRUVANANTHAPURAM-695036, REPRESENTED BY ITS CHAIRMAN. - 6 HEADLOAD WORKERS POOL NO.1, REPRESENTED BY ITS POOL LEADER, KERALA HEADLOAD WORKERS WELFARE FUND BOARD, THIRUVANANTHAPURAM DISTRICT COMMITTEE, KAUSTHUBHAM COMPLEX, TC 43/1189C, CHENTHITTA, CHALA P.O., THIRUVANANTHAPURAM-695036. - 7 HEADLOAD WORKERS POOL-ANANTHAPURI, REPRESENTED BY ITS POOL LEADER, KERALA HEADLOAD WORKERS WELFARE BOARD, THIRUVANANTHAPURAM DISTRICT COMMITTEE, KAUSTHUBHAM COMPLEX, TC 43/1189C, CHENTHITTA, CHALA P.O., THIRUVANANTHAPURAM-695036. - 8 THIRUVANANTHAPURAM DISTRICT HEADLOAD & GENERAL WORKERS UNION (CITU), REPRESENTED BY ITS SECRETARY, THAMPANNUR UNIT, THAMPANNUR, THIRUVANANTHAPURAM-695001. - 9 THIRUVANANTHAPURAM DISTRICT LOADING AND UNLOADING WORKERS UNION (INTUC), REPRESENTED BY ITS SECRETARY/CONVENER, ENCHAKKAL UNIT, NEAR MALL OF TRAVANCORE, ENCHAKKAL, THIRUVANANTHAPURAM-695024. - 10 HEADLOAD WORKERS SANGH (BMS), REPRESENTED BY ITS SECRETARY/CONVENER, ENCHAKKAL UNIT, NEAR MALL OF TRAVANCORE, ENCHAKKAL, THIRUVANANTHAPURAM-695024. - 11 HEADLOAD AND GENERAL WORKERS UNION (AITUC), REPRESENTED BY ITS SECRETARY/CONVENER, ENCHAKKAL UNIT, NEAR MALL OF TRAVANCORE, ENCHAKKAL, 3 W.P.(C).Nos.29924/21 and con.cases THIRUVANANTHAPURAM-695024. BY ADVS. THOMAS ABRAHAM V.P.PRASAD ## **OTHER PRESENT:** T.K.SHAJAHAN-SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.07.2022, ALONG WITH WP(C).15201/2022, 15204/2022 AND CONNECTED CASES, THE COURT ON 29.07.2022 DELIVERED THE FOLLOWING: W.P.(C).Nos.29924/21 and con.cases 4 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 29[TH] DAY OF JULY 2022 / 7TH SRAVANA, 1944 WP(C) NO. 15201 OF 2022** ## **PETITIONERS:** CURRENT BOOKS (INDIA) PRIVATE LIMITED REGISTERED OFFICE, DC KIZHAKKEMURI EDAM, GOOD SHEPHERD STREET, KOTTAYAM 686 001., REPRESENTED BY ITS MANAGER - ADMINISTRATION (LEGAL), G.VENUGOPAL, AGED 55 YEARS, SON OF K.G.GOPALAKRISHNAN, RESIDING AT GOPI VILASAM, POOTHAKKUZHI P.O., PAMBADI, KOTTAYAM 686521., PIN - 686001 BY ADVS. B.ASHOK SHENOY P.S.GIREESH RAYMOND GEORGE DIAS ARJUN R NAIK ## **RESPONDENTS:** 1 THE COMMISSIONER OF POLICE - KOCHI CITY OFFICE OF THE COMMISSIONER OF POLICE, ABDUL KALAM MARG ERNAKULAM 682011,, PIN - 682011 2 THE STATION HOUSE OFFICER ERNAKULAM CENTRAL POLICE STATION, OLD RAILWAY STATION ROAD, ERNAKULAM, KOCHI 682 018., PIN - 682018 W.P.(C).Nos.29924/21 and con.cases 5 - 3 THE STATION HOUSE OFFICER ERNAKULAM TOWN SOUTH POLICE STATION, MAHATMA GANDHI ROAD, THEAVARA JUNCTION, PERUMANOOR, ERNAKULAM, KOCHI 682015., PIN - 682015 - 4 KERALA HEADLOAD WORKERS WELFARE BOARD - KHWWB ERNAKULAM DISTRICT COMMITTEE, KUMMENCHERY BUILDING, TD ROAD, ERNAKULAM, KOCHI 682 035., PIN - 682035 - 5 ERNAKULAM DISTRICT HEADLOAD & GENERAL WORKERS UNION (CITU) REPRESENTED BY ITS SECRETARY, EMS MANDIRAM, KALABHAVAN ROAD, ERNAKULAM NORTH, KOCHI 682 018., PIN - 682018 - 6 ERNAKULAM DISTRICT LOADING AND UNLOADING WORKERS UNION (INTUC) REPRESENTED BY ITS SECRETARY/CONVENER, INTUC BHAVAN, NEAR SOUTH OVERBRIDGE, VALANJAMBALAM, KOCHI 682 016., PIN - 682016 - 7 ERNAKULAM DISTRICT HEADLOAD AND GENERAL MAZDOOR SANGH (BMS) REPRESENTED BY ITS GENERAL SECRETARY, BMS OFFICE, IS PRESS ROAD, ERNAKULAM, KOCHI 682 018., PIN - 682018 - 8 HEADLOAD AND GENERAL WORKERS UNION (AITUC) REPRESENTED BY ITS SECRETARY/CONVENER, TU HOUSE, CS ROAD, ERNAKULAM, KOCHI 682 011., PIN - 682011 BY ADVS. SRI.S.KRISHNA MOORTHY, SC, KHWWB P.VINODKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.07.2022, ALONG WITH WP(C).29924/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).Nos.29924/21 and con.cases 6 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 29[TH] DAY OF JULY 2022 / 7TH SRAVANA, 1944 WP(C) NO. 15204 OF 2022** ## **PETITIONER:** CURRENT BOOKS (INDIA) PRIVATE LIMITED REGISTERED OFFICE, DC KIZHAKKEMURI EDAM, GOOD SHEPHERD STREET, KOTTAYAM 686 001., REPRESENTED BY ITS MANAGER - ADMINISTRATION (LEGAL), G.VENUGOPAL, AGED 55 YEARS, SON OF K.G.GOPALAKRISHNAN, RESIDING AT GOPI VILASAM, POOTHAKKUZHI P.O., PAMBADI, KOTTAYAM, PIN - 686521 BY ADVS. B.ASHOK SHENOY P.S.GIREESH RAYMOND GEORGE DIAS ARJUN R NAIK ## **RESPONDENTS:** 1 THE DISTRICT POLICE CHIEF DISTRICT POLICE OFFICE, KUMILY ROAD, COLLECTORATE, KOTTAYAM, PIN - 686002 2 THE STATION HOUSE OFFICER KOTTAYAM EAST POLICE STATION, COLLECTORATE ROAD, KANJIKUZHY, KOTTAYAM, PIN - 686002 3 KERALA HEADLOAD WORKERS WELFARE FUND BOARD KOTTAYAM DISTRICT OFFICE, MUNICIPAL SHOPPING COMPLEX, OPPOSITE ST.ANTONY'S COMPLEX, PRIVATE BUS STAND, NAGAMPADAM, KOTTAYAM, PIN - 686001 W.P.(C).Nos.29924/21 and con.cases 7 - 4 KOTTAYAM DISTRICT HEADLOAD & GENERAL WORKERS UNION (CITU) REPRESENTED BY ITS SECRETARY, CITU OFFICE, NEAR RAILWAY GOODS SHED, KOTTAYAM, PIN - 686001 - 5 KOTTAYAM DISTRICT LOADING AND UNLOADING WORKERS UNION (INTUC) REPRESENTED BY ITS SECRETARY/CONVENER, INTUC BHAVAN, KOTTAYAM, PIN - 686001 - 6 KOTTAYAM DISTRICT HEADLOAD AND GENERAL MAZDOOR SANGH (BMS) REPRESENTED BY ITS GENERAL SECRETARY, BMS OFFICE, ML ROAD, TB JUNCTION, KOTTAYAM, PIN - 686001 - 7 HEADLOAD AND GENERAL WORKERS UNION (AITUC) REPRESENTED BY ITS SECRETARY/CONVENER, AITUC DISTRICT COMMITTEE OFFICE, PALAMBADAM JUNCTION, KOTTAYAM, PIN - 686001 BY ADV SRI.S.KRISHNA MOORTHY, SC, KHWWB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.07.2022, ALONG WITH WP(C).29924/2021 AND CONNECTED CASES, THE COURT ON 29.07.2022 DELIVERED THE FOLLOWING: W.P.(C).Nos.29924/21 and con.cases 8 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 29[TH] DAY OF JULY 2022 / 7TH SRAVANA, 1944 WP(C) NO. 15250 OF 2022** ## **PETITIONER:** CURRENT BOOKS (INDIA) PRIVATE LIMITED CURRENT BOOKS (INDIA) PRIVATE LIMITED, REGISTERED OFFICE, DC KIZHAKKEMURI EDAM, GOOD SHEPHERD STREET, KOTTAYAM 686 001., REPRESENTED BY ITS MANAGER - ADMINISTRATION (LEGAL), G.VENUGOPAL, AGED 55 YEARS, SON OF K.G.GOPALAKRISHNAN, RESIDING AT GOPI VILASAM, POOTHAKKUZHI P.O., PAMBADI, KOTTAYAM 686521, PIN - 686001 BY ADVS. B.ASHOK SHENOY P.S.GIREESH RAYMOND GEORGE DIAS ARJUN R NAIK ## **RESPONDENTS:** 1 THE DISTRICT POLICE CHIEF - THRISSUR CITY OFFICE OF THE DISTRICT POLICE CHIEF - THRISSUR CITY, RAMAVARMAPURAM ROAD, MANNUMKAD, THRISSUR, PIN - 680631 2 THE STATION HOUSE OFFICER THRISSUR TOWN EAST POLICE STATION, SAKTHAN THAMPURAM NAGAR, VELIYANNUR, THRISSUR, PIN - 680001 3 THE STATION HOUSE OFFICER PERAMANGALAM POLICE STATION, PERAMANGALAM, THRISSUR, PIN - 680545 W.P.(C).Nos.29924/21 and con.cases 9 4 KERALA HEADLOAD WORKERS WELFARE FUND BOARD THRISSUR DISTRICT OFFICE, NEW JAIHIND MARKET BUILDING, 2ND FLOOR, KURUPPAM ROAD, THRISSUR, PIN - 680001 5 CHUMATTU THOZHILALI UNION (CITU) REPRESENTED BY ITS SECRETARY, MACHINGAL LANE, THRISSUR, PIN - 680020 6 CHUMATTU THOZHILALI UNION (INTUC) REPRESENTED BY ITS SECRETARY, KURUPPAM ROAD, THRISSUR, PIN - 680001 7 CHUMATTU THOZHILALI UNION (BMS) REPRESENTED BY ITS SECRETARY, THIRUVAMPADY, PATTURAIKKAL, THRISSUR, PIN - 680022 8 THRISSUR CHUMATTU THOZHILALI UNION (AITUC) REPRESENTED BY ITS SECRETARY, MANNADIAR LANE, THRISSUR, PIN - 680001 BY ADVS. SRI.S.KRISHNA MOORTHY, SC, KHWWB P.VINODKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.07.2022, ALONG WITH WP(C).29924/2021 AND CONNECTED CASES, THE COURT ON 29.07.2022 DELIVERED THE FOLLOWING: W.P.(C).Nos.29924/21 and con.cases 10 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 29[TH] DAY OF JULY 2022 / 7TH SRAVANA, 1944 WP(C) NO. 15290 OF 2022** ## **PETITIONER:** CURRENT BOOKS (INDIA) PRIVATE LIMITED REGISTERED OFFICE, DC KIZHAKKEMURI EDAM, GOOD SHEPHERD STREET, KOTTAYAM 686 001., REPRESENTED BY ITS MANAGER - ADMINISTRATION (LEGAL), G.VENUGOPAL, AGED 55 YEARS, SON OF K.G.GOPALAKRISHNAN, RESIDING AT GOPI VILASAM, POOTHAKKUZHI P.O., PAMBADI, KOTTAYAM 686521, PIN - 686001 BY ADVS. B.ASHOK SHENOY P.S.GIREESH RAYMOND GEORGE DIAS ARJUN R NAIK ## **RESPONDENTS:** 1 THE DISTRICT POLICE CHIEF - PALAKKAD DISTRICT POLICE OFFICE, YAKKAM ROAD, NEAR KSRTC BUS STAND, PALAKKAD 678 014, PIN - 678014 2 THE STATION HOUSE OFFICER PALAKKAD TOWN SOUTH POLICE STATION, KUNATHURMEDU, PALAKKAD 678013, PIN - 678013 3 KERALA HEADLOAD WORKERS WELFARE FUND BOARD PALAKKAD DISTRICT OFFICE, 1ST FLOOR, M.A.COMPLEX, OPPOSITE KSEB OFFICE, T.B.ROAD, PALAKKAD 678 014 REPRESENTED BY ITS SECRETARY, PIN - 678014 W.P.(C).Nos.29924/21 and con.cases 11 4 PALAKKAD DISTRICT HEADLOAD & GENERAL WORKERS UNION (CITU) REPRESENTED BY ITS SECRETARY, 18/832, ABUDHABI COMPLEX, PUTHUR ROAD, SHESHADRI NAGAR, KOPPAM, PALAKKAD 678 001, PIN - 678001 5 PALAKKAD DISTRICT LOADING AND UNLOADING WORKERS UNION (INTUC) REPRESENTED BY ITS SECRETARY/CONVENER, KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD 678 001, PIN - 678001 6 PALAKKAD DISTRICT HEADLOAD AND GENERAL MAZDOOR SANGH (BMS) REPRESENTED BY ITS SECRETARY/CONVENER, HARIKKARA STREET, SANTHI NAGAR, SULTHANPET, PALAKKAD 678 001, PIN - 678001 7 HEADLOAD AND GENERAL WORKERS UNION (AITUC) REPRESENTED BY ITS SECRETARY/CONVENER, AITUC OFFICE, HPO ROAD, PALAKKAD 678 001, PIN - 678001 BY ADVS. THOMAS ABRAHAM V.A.JOHNSON (VARIKKAPPALLIL) P.VINODKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.07.2022, ALONG WITH WP(C).29924/2021 AND CONNECTED CASES, THE COURT ON 29.07.2022 DELIVERED THE FOLLOWING: W.P.(C).Nos.29924/21 and con.cases 12 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 29[TH] DAY OF JULY 2022 / 7TH SRAVANA, 1944 WP(C) NO. 15364 OF 2022** ## **PETITIONER:** CURRENT BOOKS (INDIA) PRIVATE LIMITED REGISTERED OFFICE, DC KIZHAKKEMURI EDAM, GOOD SHEPHERD STREET, KOTTAYAM 686 001., REPRESENTED BY ITS MANAGER - ADMINISTRATION (LEGAL), G.VENUGOPAL, AGED 55 YEARS, SON OF K.G.GOPALAKRISHNAN, RESIDING AT GOPI VILASAM, POOTHAKKUZHI P.O., PAMBADI, KOTTAYAM 686521, PIN - 686001 BY ADVS. B.ASHOK SHENOY P.S.GIREESH RAYMOND GEORGE DIAS ARJUN R NAIK ## **RESPONDENTS:** 1 THE DISTRICT POLICE CHIEF - ALAPPUZHA CCSB ROAD, CIVIL STATION WARD, ALAPPUZHA, KERALA 688 012, PIN - 688012 2 THE STATION HOUSE OFFICER SOUTH POLICE STATION, CCSB ROAD, KODIVEEDU, ALAPPUZHA 688 001, PIN - 688001 3 KERALA HEADLOAD WORKERS WELFARE FUND BOARD ALAPPUZHA DISTRICT OFFICE, MUNICIPAL SHOPPING COMPLEX, KIDANGAMPARAMBU, THATHAMPALLY PO, ALAPPUZHA 688 013., REPRESENTED BY ITS SECRETARY, PIN - 688013 W.P.(C).Nos.29924/21 and con.cases 13 4 ALAPPUZHA DISTRICT HEADLOAD & GENERAL WORKERS UNION (CITU) REPRESENTED BY ITS SECRETARY, KR SMARAKAM, KIDANGAMPARAMBU, THATHAMPALLY PO, ALAPPUZHA 688 013, PIN - 688013 5 ALAPPUZHA DISTRICT LOADING AND UNLOADING WORKERS UNION (INTUC) REPRESENTED BY ITS SECRETARY/CONVENER, INTUC DISTRICT COMMITTEE OFFICE, CCSB ROAD, KODIVEEDU, ALAPPUZHA 688 001, PIN - 688001 6 ALAPPUZHA DISTRICT HEADLOAD AND GENERAL MAZDOOR SANGH (BMS) REPRESENTED BY ITS SECRETARY/CONVENER, THONDANKULANGARA, THATHAMPALLY, ALAPPUZHA 688013, PIN - 688013 7 HEADLOAD AND GENERAL WORKERS UNION (AITUC) REPRESENTED BY ITS SECRETARY/CONVENER, ANJILIPARAMBU STREET, VELLAKKINAR, ALAPPUZHA 688 012, PIN - 688012 BY ADV SRI.S.KRISHNA MOORTHY, SC, KHWWB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.07.2022, ALONG WITH WP(C).29924/2021 AND CONNECTED CASES, THE COURT ON 29.07.2022 DELIVERED THE FOLLOWING: W.P.(C).Nos.29924/21 and con.cases 14 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 29[TH] DAY OF JULY 2022 / 7TH SRAVANA, 1944 WP(C) NO. 15367 OF 2022** ## **PETITIONER:** CURRENT BOOKS (INDIA) PRIVATE LIMITED REGISTERED OFFICE, DC KIZHAKKEMURI EDAM, GOOD SHEPHERD STREET, KOTTAYAM 686 001., REPRESENTED BY ITS MANAGER - ADMINISTRATION (LEGAL), G.VENUGOPAL, AGED 55 YEARS, SON OF K.G.GOPALAKRISHNAN, RESIDING AT GOPI VILASAM, POOTHAKKUZHI P.O., PAMBADI, KOTTAYAM 686521, PIN - 686001 BY ADVS. B.ASHOK SHENOY P.S.GIREESH RAYMOND GEORGE DIAS ARJUN R NAIK ## **RESPONDENTS:** 1 THE DISTRICT POLICE CHIEF , DISTRICT POLICE OFFICE, PAVAMANI ROAD, TAZHEKKOD, KOZHIKODE 673 004, PIN - 673004 2 THE STATION HOUSE OFFICER KOZHIKODE TOWN EAST POLICE STATION, THALOOK OFFICE ROAD, PUTHIYARA, KOZHIKODE 673 004, PIN - 673004 3 KERALA HEADLOAD WORKERS WELFARE FUND BOARD, KOZHIKODE DISTRICT OFFICE, V.K.BUILDING, CHEROOTTY ROAD, KOZHIKODE 673 001, PIN - 673001 4 KOZHKODE DISTRICT HEADLOAD & GENERAL WORKERS UNION (CITU), REPRESENTED BY ITS SECRETARY, KILIPARAMBA, ANNIE HALL ROAD, KOZHIKODE 673 002, PIN - 673002 W.P.(C).Nos.29924/21 and con.cases 15 5 KOZHIKODE DISTRICT LOADING AND UNLOADING WORKERS UNION (INTUC) REPRESENTED BY ITS SECRETARY/CONVENER, ROOM NO.202, JAWAHAR BUILDING, KP KESAVA MENON ROAD, KOZHIKODE 673 001, PIN - 673001 6 KOZHIKODE DISTRICT HEADLOAD AND GENERAL MAZDOOR SANGH (BMS) REPRESENTED BY ITS SECRETARY/CONVENER, KAMMATH LANE, PALAYAM, KOZHIKODE 673 001, PIN - 673001 7 HEADLOAD AND GENERAL WORKERS UNION (AITUC) REPRESENTED BY ITS SECRETARY/CONVENER, AITUC OFFICE, NEAR BROTHER HALL, RAJAJI ROAD, THURUTHIYAD, KOZHIKODE 673 004, PIN - 673004 BY ADVS. SHRI.K.S.ARUN KUMAR, SC, KERALA HEADLOAD WORKERS WELFARE BOARD - KHWWB V.P.PRASAD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.07.2022, ALONG WITH WP(C).29924/2021 AND CONNECTED CASES, THE COURT ON 29.07.2022 DELIVERED THE FOLLOWING: W.P.(C).Nos.29924/21 and con.cases 16 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 29[TH] DAY OF JULY 2022 / 7TH SRAVANA, 1944 WP(C) NO. 15377 OF 2022** ## **PETITIONER:** CURRENT BOOKS (INDIA) PRIVATE LIMITED REGISTERED OFFICE, DC KIZHAKKEMURI EDAM, GOOD SHEPHERD STREET, KOTTAYAM 686 001., REPRESENTED BY ITS MANAGER - ADMINISTRATION (LEGAL), G.VENUGOPAL, AGED 55 YEARS, SON OF K.G.GOPALAKRISHNAN, RESIDING AT GOPI VILASAM, POOTHAKKUZHI P.O., PAMBADI, KOTTAYAM 686521, PIN - 686001 BY ADVS. B.ASHOK SHENOY P.S.GIREESH RAYMOND GEORGE DIAS ARJUN R NAIK ## **RESPONDENTS:** 1 THE DISTRICT POLICE CHIEF (RURAL) ERNAKULAM DISTRICT POLICE OFFICE, SH 16, OPPOSITE POWER HOUSE, ALUVA 683 101, PIN - 683101 2 THE STATION HOUSE OFFICER ALUVA POLICE STATION, SUB JAIL ROAD, PERIYAR NAGAR, ALUVA 683 101, PIN - 683101 3 KERALA HEADLOAD WORKERS WELFARE FUND BOARD ERNAKULAM DISTRICT OFFICE, KUMMENCHERY BUILDING, TD ROAD, ERNAKULAM, KOCHI 682 035., REPRESENTED BY ITS SECRETARY, PIN - 682035 W.P.(C).Nos.29924/21 and con.cases 17 4 ERNAKULAM DISTRICT HEADLOAD & GENERAL WORKERS UNION (CITU) REPRESENTED BY ITS SECRETARY, EMS MANDIRAM, KALABHAVAN ROAD, ERNAKULAM NORTH, KOCHI 682 018, PIN - 682018 5 HEADLOAD WORKERS FEDERATION (INTUC) REPRESENTED BY ITS SECRETARY/CONVENER, SUB JAIL ROAD, PERIYAR NAGAR, ALUVA 683 101, PIN - 683101 6 ERNAKULAM DISTRICT HEADLOAD AND GENERAL MAZDOOR SANGH (BMS) REPRESENTED BY ITS GENERAL SECRETARY, BMS OFFICE, IS PRESS ROAD, ERNAKULAM, KOCHI 682 018, PIN - 682018 7 HEADLOAD AND GENERAL WORKERS UNION (AITUC) REPRESENTED BY ITS SECRETARY/CONVENER, TU HOUSE, CS ROAD, ERNAKULAM, KOCHI 682 011, PIN - 682011 BY ADVS. SRI.S.KRISHNA MOORTHY, SC, KHWWB P.VINODKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.07.2022, ALONG WITH WP(C).29924/2021 AND CONNECTED CASES, THE COURT ON 29.07.2022 DELIVERED THE FOLLOWING: W.P.(C).Nos.29924/21 and con.cases 18 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 29[TH] DAY OF JULY 2022 / 7TH SRAVANA, 1944 WP(C) NO. 15378 OF 2022** ## **PETITIONER:** CURRENT BOOKS (INDIA) PRIVATE LIMITED REGISTERED OFFICE, DC KIZHAKKEMURI EDAM, GOOD SHEPHERD STREET, KOTTAYAM 686 001., REPRESENTED BY ITS MANAGER - ADMINISTRATION (LEGAL), G.VENUGOPAL, AGED 55 YEARS, SON OF K.G.GOPALAKRISHNAN, RESIDING AT GOPI VILASAM, POOTHAKKUZHI P.O., PAMBADI, KOTTAYAM 686521., PIN - 686001 BY ADVS. B.ASHOK SHENOY P.S.GIREESH RAYMOND GEORGE DIAS ARJUN R NAIK ## **RESPONDENTS:** 1 THE COMMISSIONER OF POLICE - KOLLAM CITY OFFICE OF THE COMMISSIONER OF POLICE, MUNDAKKAL, KOLLAM 691001., PIN - 691001 2 THE STATION HOUSE OFFICER KOLLAM TOWN EAST POLICE STATION, KARBALA, KOLLAM, PIN - 691001 3 KERALA HEADLOAD WORKERS WELFARE BOARD - KHWWB REPRESENTED BY ITS SECRETARY, KOLLAM DISTRICT OFFICE, USHUS BUILDING, II FLOOR, NEAR STONE BRIDGE, CHAMAKKAD, KOLLAM, PIN - 691001 ## W.P.(C).Nos.29924/21 and con.cases 19 4 KOLLAM DISTRICT HEADLOAD & GENERAL WORKERS UNION (CITU) REPRESENTED BY ITS SECRETARY, CITU BHAVAN, T D NAGAR, VIDYA NAGAR, KOLLAM, PIN - 691013 5 KOLLAM DISTRICT LOADING AND UNLOADING WORKERS CONGRESS (INTUC) REPRESENTED BY ITS SECRETARY/CONVENER, INTUC OFFICE, PALLIMUKKU, KOLLAM ., PIN - 691021 6 BHARATHIYA HEADLOAD AND GENERAL WORKERS UNION (BMS) REPRESENTED BY ITS SECRETARY/CONVENER, BMS OFFICE, CHINNAKKADA, KOLLAM., PIN - 691001 7 HEADLOAD AND GENERAL WORKERS UNION (AITUC) REPRESENTED BY ITS SECRETARY/CONVENER, AITUC OFFICE, KADAPAKKADA, KOLLAM, PIN - 691008 BY ADV K.SIJU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.07.2022, ALONG WITH WP(C).29924/2021 AND CONNECTED CASES, THE COURT ON 29.07.2022 DELIVERED THE FOLLOWING: W.P.(C).Nos.29924/21 and con.cases 20 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 29[TH] DAY OF JULY 2022 / 7TH SRAVANA, 1944 WP(C) NO. 15525 OF 2022** ## **PETITIONER:** CURRENT BOOKS (INDIA) PRIVATE LIMITED REGISTERED OFFICE, DC KIZHAKKEMURI EDAM, GOOD SHEPHERD STREET, KOTTAYAM, REPRESENTED BY ITS MANAGER - ADMINISTRATION (LEGAL), G.VENUGOPAL, AGED 55 YEARS, SON OF K.G.GOPALAKRISHNAN NAIR, RESIDING AT GOPI VILASAM, POOTHAKKUZHI P.O., PAMBADI, KOTTAYAM 686521, PIN - 686001 BY ADVS. B.ASHOK SHENOY P.S.GIREESH RAYMOND GEORGE DIAS ARJUN R NAIK ## **RESPONDENTS:** 1 THE COMMISSIONER OF POLICE - KANNUR CITY OFFICE OF THE COMMISSIONER OF POLICE, KANNUR CITY, TALAP, KANNUR, KERALA, PIN - 670002 2 THE STATION HOUSE OFFICER KANNUR TOWN POLICE STATION, SP OFFICE ROAD, THAVAKKARA, KANNUR, PIN - 670001 3 KERALA HEADLOAD WORKERS WELFARE FUND BOARD REPRESENTED BY ITS SECRETARY, KANNUR DISTRICT OFFICE, FOOD GRAINS BHAVAN BUILDING. 2ND FLOOR, RAJEEV GANDHI ROAD, JS PAUL JUNCTION, KANNUR, PIN - 670001 W.P.(C).Nos.29924/21 and con.cases 21 4 KANNUR DISTRICT HEADLOAD & GENERAL WORKERS UNION (CITU) REPRESENTED BY ITS SECRETARY, C KANNAN SMARAKA MANDIRAM, KALIKKODEN KAVU ROAD, KANNUR, PIN - 670001 5 KANNUR JILLA DESIYA CHUMMATTU THOZHILALI UNION (INTUC) REPRESENTED BY ITS SECRETARY/CONVENER, INTUC OFFICE, FORT ROAD, KANNUR, PIN - 670001 6 HEADLOAD AND GENERAL MAZDOOR SANGH (BMS) REPRESENTED BY ITS SECRETARY/CONVENER, BMS OFFICE, KANNOTHCHAL, KANNUR, PIN - 670002 7 HEADLOAD AND GENERAL WORKERS UNION (AITUC) REPRESENTED BY ITS SECRETARY/CONVENER, AITUC OFFICE, KANNUR, PIN - 670001 BY ADV SHRI.K.S.ARUN KUMAR, SC, KERALA HEADLOAD WORKERS WELFARE BOARD - KHWWB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.07.2022, ALONG WITH WP(C).29924/2021 AND CONNECTED CASES, THE COURT ON 29.07.2022 DELIVERED THE FOLLOWING: W.P.(C).Nos.29924/21 and con.cases 22 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 29[TH] DAY OF JULY 2022 / 7TH SRAVANA, 1944 WP(C) NO. 15621 OF 2022** ## **PETITIONERS:** CURRENT BOOKS (INDIA) PRIVATE LIMITED REGISTERED OFFICE, DC KIZHAKKEMURI EDAM, GOOD SHEPHERD STREET, KOTTAYAM, REPRESENTED BY ITS MANAGER - ADMINISTRATION (LEGAL), G.VENUGOPAL, AGED 55 YEARS, SON OF K.G.GOPALAKRISHNAN, RESIDING AT GOPI VILASAM, POOTHAKKUZHI P.O., PAMBADI, KOTTAYAM 686521, PIN - 686001 BY ADVS. B.ASHOK SHENOY P.S.GIREESH RAYMOND GEORGE DIAS ARJUN R NAIK ## **RESPONDENTS:** 1 THE DISTRICT POLICE CHIEF IDUKKI DISTRICT POLICE OFFICE, CIVIL STATION, KUYILIMALA, PINAVU P.O., IDUKKI, PIN - 685603 2 THE STATION HOUSE OFFICER THODUPUZHA POLICE STATION, THODUPUZHA P.O., IDUKKI, PIN - 685581 3 KERALA HEADLOAD WORKERS WELFARE FUND BOARD, IDUKKI DISTRICT OFFICE, 2ND FLOOR, PULIMOOTTIL SQUARE, OPPOSITE FATHIMA EYE HOSPITAL, IDUKKI ROAD, THODUPUZHA, REPRESENTED BY ITS CHAIRMAN., PIN – 685584 W.P.(C).Nos.29924/21 and con.cases 23 4 IDUKKI DISTRICT HEADLOAD & GENERAL WORKERS UNION (CITU) REPRESENTED BY ITS SECRETARY, CITU OFFICE, THODUPUZHA, PIN - 685584 5 IDUKKI DISTRICT LOADING AND UNLOADING WORKERS UNION (INTUC) REPRESENTED BY ITS SECRETARY/CONVENER, INTUC OFFICE, THODUPUZHA, PIN - 685584 6 IDUKKI DISTRICT HEADLOAD AND GENERAL MAZDOOR SANGH (BMS) REPRESENTED BY ITS SECRETARY/CONVENER, BMS OFFICE, THODUPUZHA, PIN - 685584 - 7 HEADLOAD AND GENERAL WORKERS UNION (AITUC) REPRESENTED BY ITS SECRETARY/CONVENER, AITUC OFFICE, THODUPUZHA, PIN - 685584 BY ADV SRI.S.KRISHNA MOORTHY, SC, KHWWB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.07.2022, ALONG WITH WP(C).29924/2021 AND CONNECTED CASES, THE COURT ON 29.07.2022 DELIVERED THE FOLLOWING: W.P.(C).Nos.29924/21 and con.cases 24 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 29[TH] DAY OF JULY 2022 / 7TH SRAVANA, 1944 WP(C) NO. 15626 OF 2022** ## **PETITIONER:** CURRENT BOOKS (INDIA) PRIVATE LIMITED REGISTERED OFFICE, DC KIZHAKKEMURI EDAM, GOOD SHEPHERD STREET, KOTTAYAM, REPRESENTED BY ITS MANAGER - ADMINISTRATION (LEGAL), G.VENUGOPAL, AGED 55 YEARS, SON OF K.G.GOPALAKRISHNAN, RESIDING AT GOPI VILASAM, POOTHAKKUZHI P.O., PAMBADI, KOTTAYAM 686521., PIN - 686001 BY ADVS. B.ASHOK SHENOY P.S.GIREESH RAYMOND GEORGE DIAS ARJUN R NAIK ## **RESPONDENTS:** 1 THE DISTRICT POLICE CHIEF DISTRICT POLICE OFFICE, FEROKH PALAKKAD HIGHWAY (NH-213), UP HILL, MALAPPURAM, PIN - 676505 2 THE STATION HOUSE OFFICER PERINTHALMANNA POLICE STATION, PERINTHALMANNA, PIN - 679322 3 KERALA HEADLOAD WORKERS WELFARE FUND BOARD MALAPPURAM DISTRICT OFFICE, 1ST FLOOR, IGBT BUILDING, KACHERIPADY, MANJERI, MALAPPURAM, REPRESENTED BY ITS CHAIRMAN., PIN - 676121 W.P.(C).Nos.29924/21 and con.cases 25 - 4 MALAPPURAM DISTRICT HEADLOAD & GENERAL WORKERS UNION (CITU), PERINTHALMANNA UNIT, CITU OFFICE, PERINTHALMANNA, REPRESENTED BY ITS SECRETARY., PIN - 679322 - 5 MALAPPURAM DISTRICT LOADING AND UNLOADING WORKERS CONGRESS (INTUC) PERINTHALMANNA UNIT, INTUC OFFICE, PERINTHALMANNA, REPRESENTED BY ITS SECRETARY/CONVENER,, PIN - 679322 - 6 MALAPPURAM DISTRICT HEADLOAD AND GENERAL MAZDOOR SANGH (BMS) PERINTHALMANNA UNIT, INTUC OFFICE, PERINTHALMANNA, REPRESENTED BY ITS SECRETARY/CONVENER., PIN - 679322 - 7 HEADLOAD AND GENERAL WORKERS UNION (AITUC) PERINTHALMANNA UNIT, AITUC OFFICE, PERINTHALMANNA, REPRESENTED BY ITS SECRETARY/CONVENER., PIN - 679322 BY ADV THOMAS ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.07.2022, ALONG WITH WP(C).29924/2021 AND CONNECTED CASES, THE COURT ON 29.07.2022 DELIVERED THE FOLLOWING: W.P.(C).Nos.29924/21 and con.cases 26 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 29[TH] DAY OF JULY 2022 / 7TH SRAVANA, 1944 WP(C) NO. 15665 OF 2022** ## **PETITIONER:** CURRENT BOOKS (INDIA) PRIVATE LIMITED REGISTERED OFFICE, DC KIZHAKKEMURI EDAM, GOOD SHEPHERD STREET, KOTTAYAM 686 001., REPRESENTED BY ITS MANAGER - ADMINISTRATION (LEGAL), G.VENUGOPAL, AGED 55 YEARS, SON OF K.G.GOPALAKRISHNAN, RESIDING AT GOPI VILASAM, POOTHAKKUZHI P.O., PAMBADI, KOTTAYAM 686521, PIN - 686001 BY ADVS. B.ASHOK SHENOY P.S.GIREESH RAYMOND GEORGE DIAS ARJUN R NAIK ## **RESPONDENTS:** 1 THE DISTRICT POLICE CHIEF DISTRICT POLICE OFFICE, THIRUVALLA, THAZHEVETTIPRAM, PATHANAMTHITTA 680645, PIN - 680645 2 THE STATION HOUSE OFFICER POLICE STATION, REVENUE TOWER, REVENUE TOWER ROAD, THIRUVALLA 689 101, PIN - 689101 3 KERALA HEADLOAD WORKERS WELFARE FUND BOARD PATHANAMTHITTA DISTRICT OFFICE, AZAD BUILDING, NEAR OLD PRIVATE BUS STAND, PATHANAMTHITTA 689645., REPRESENTED BY ITS CHAIRMAN, PIN - 689645 W.P.(C).Nos.29924/21 and con.cases 27 4 PATHANAMTHITTA DISTRICT HEADLOAD & GENERAL WORKERS UNION (CITU) THIRUVALLA UNIT, CITU OFFICE, THIRUVALLA 689 101., REPRESENTED BY ITS SECRETARY, PIN - 689101 5 PATHANAMTHITTA DISTRICT LOADING AND UNLOADING WORKERS CONGRESS (INTUC) THIRUVALLA UNIT, INTUC OFFICE, THIRUVALLA 689 101, REPRESENTED BY ITS SECRETARY/CONVENER, PIN - 689101 6 PATHANAMTHITTA DISTRICT HEADLOAD AND GENERAL MAZDOOR SANGH (BMS) THIRUVALLA UNIT, BMS OFFICE, THIRUVALLA 689 101, REPRESENTED BY ITS SECRETARY/CONVENER, PIN - 689101 7 HEADLOAD AND GENERAL WORKERS UNION (AITUC) THIRUVALLA UNIT, AITUC OFFICE, THIRUVALLA 689 101, REPRESENTED BY ITS SECRETARY/CONVENER, PIN - 689101 BY ADV K.SIJU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.07.2022, ALONG WITH WP(C).29924/2021 AND CONNECTED CASES, THE COURT ON 29.07.2022 DELIVERED THE FOLLOWING: W.P.(C).Nos.29924/21 and con.cases 28 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 29[TH] DAY OF JULY 2022 / 7TH SRAVANA, 1944 WP(C) NO. 15690 OF 2022** ## **PETITIONER:** CURRENT BOOKS (INDIA) PRIVATE LIMITED REGISTERED OFFICE, DC KIZHAKKEMURI EDAM, GOOD SHEPHERD STREET, KOTTAYAM 686 001., REPRESENTED BY ITS MANAGER - ADMINISTRATION (LEGAL), G.VENUGOPAL, AGED 55 YEARS, SON OF K.G.GOPALAKRISHNAN, RESIDING AT GOPI VILASAM, POOTHAKKUZHI P.O., PAMBADI, KOTTAYAM 686521, PIN - 686001 BY ADVS. B.ASHOK SHENOY P.S.GIREESH RAYMOND GEORGE DIAS ARJUN R NAIK ## **RESPONDENTS:** 1 THE DISTRICT POLICE CHIEF - KASARAGOD DISTRICT POLICE OFFICE, R.D. NAGAR P.O., PARAKATTA, KASARAGOD 671 121, PIN - 671121 2 THE STATION HOUSE OFFICER HOSDURG POLICE STATION, HOSDURG, KANHANGAD - 671 315, PIN - 671315 3 KERALA HEADLOAD WORKERS WELFARE FUND BOARD KASARAGOD DISTRICT OFFICE, ARAFA BUILDING, M.G.ROAD, KASARAGOD 671 121., REPRESENTED BY ITS CHAIRMAN, PIN - 671121 W.P.(C).Nos.29924/21 and con.cases 29 - 4 KASARAGOD HEADLOAD & GENERAL WORKERS UNION (CITU) KANHANGAD UNIT, CITU OFFICE, KANHANGAD 671 315., REPRESENTED BY ITS SECRETARY, PIN - 671315 - 5 KASARAGOD JILLA CHUMMATTU THOZHILALI UNION (INTUC) REPRESENTED BY ITS SECRETARY/CONVENER, SHRAMIK BHAVAN, KANHANGAD 671 315, PIN - 671315 - 6 HEADLOAD AND GENERAL MAZDOOR SANGH (BMS) REPRESENTED BY ITS SECRETARY/CONVENER, BMS HOUSE, NORTH KOTACHERRY, KANHANGAD 671 315, PIN - 671315 - 7 HEADLOAD AND GENERAL WORKERS UNION (AITUC) KANHANGAD UNIT, AITUC OFFICE, KANHANGAD 671 315, REPRESENTED BY ITS SECRETARY/CONVENER, PIN - 671315 BY ADV THOMAS ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.07.2022, ALONG WITH WP(C).29924/2021 AND CONNECTED CASES, THE COURT ON 29.07.2022 DELIVERED THE FOLLOWING: W.P.(C).Nos.29924/21 and con.cases 30 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 29[TH] DAY OF JULY 2022 / 7TH SRAVANA, 1944 WP(C) NO. 15772 OF 2022** ## **PETITIONER:** CURRENT BOOKS (INDIA) PRIVATE LIMITED REGISTERED OFFICE, DC KIZHAKKEMURI EDAM, GOOD SHEPHERD STREET, KOTTAYAM 686 001., REPRESENTED BY ITS MANAGER - ADMINISTRATION (LEGAL), G.VENUGOPAL, AGED 55 YEARS, SON OF K.G.GOPALAKRISHNAN, RESIDING AT GOPI VILASAM, POOTHAKKUZHI P.O., PAMBADI, KOTTAYAM 686521, PIN - 686001 BY ADVS. B.ASHOK SHENOY P.S.GIREESH RAYMOND GEORGE DIAS ARJUN R NAIK ## **RESPONDENTS:** 1 THE DISTRICT POLICE CHIEF - WAYANAD DISTRICT POLICE OFFICE, KALPETTA, WAYANAD, PIN - 673122 2 THE STATION HOUSE OFFICER VIVEKANANDANAGAR, MUTTIL, KALPETTA NORTH P.O., WAYANAD 673 122, PIN - 673122 3 KERALA HEADLOAD WORKERS WELFARE FUND BOARD WAYANAD DISTRICT OFFICE, PALAKKUNNEL BUILDING, MUNDERY ROAD, ANAPPALAM JUNCTION, KALPETTA 673 121., REPRESENTED BY ITS CHAIRMAN, PIN - 673121 31 ## W.P.(C).Nos.29924/21 and con.cases - 4 WAYANAD DISTRICT HEADLOAD & GENERAL WORKERS UNION (CITU) KALPETTA UNIT, CITU OFFICE, KALPETTA 673 122, REPRESENTED BY ITS SECRETARY, PIN - 673122 - 5 WAYANAD DISTRICT LOADING AND UNLOADING GENERAL WORKERS CONGRESS (INTUC) KALPETTA UNIT, INTUC OFFICE, KALPETTA 673 122, REPRESENTED BY ITS SECRETARY/CONVENER, PIN - 673122 - 6 WAYANAD DISTRICT HEADLOAD AND GENERAL MAZDOOR SANGH (BMS) REPRESENTED BY ITS SECRETARY/CONVENER, KALPETTA UNIT, BMS OFFICE, KALPETTA 673 122, PIN - 673122 - 7 HEADLOAD AND GENERAL WORKERS UNION (AITUC) REPRESENTED BY ITS SECRETARY/CONVENER, KALPETTA UNIT, AITUC OFFICE, KALPETTA, PIN - 673122 BY ADV THOMAS ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.07.2022, ALONG WITH WP(C).29924/2021 AND CONNECTED CASES, THE COURT ON 29.07.2022 DELIVERED THE FOLLOWING: W.P.(C).Nos.29924/21 and con.cases 32 ## **ANU SIVARAMAN, J.** **= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).Nos.29924/2021, 15201/2022, 15204/2022, 15250/2022, 15290/2022, 15364/2022, 15367/2022, 15377/2022, 15378/2022, 15525/2022, 15621/2022, 15626/2022, 15665/2022, 15690/2022 & 15772/2022** **= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 29[th] day of July, 2022** ## **JUDGMENT** 1. Heard the learned counsel for the petitioners and the learned Government Pleader and the learned standing counsel appearing for the Kerala Headload Workers Welfare Fund Board. - 2.These writ petitions are filed seeking directions to the police to afford protection to the petitioners' retail book stores and to their officials and employees including for loading and unloading of books and for free entry and exit from the stores without obstruction being caused by the unattached Headload Workers who are represented by contesting respondents. - 3.It is submitted by the learned counsel for the petitioner, the petitioner is seeking protection in respect of retail stores and depots for the storage and sale of goods. The books meant for sale are delivered from the head office and publishing house at W.P.(C).Nos.29924/21 and con.cases 33 Kottayam through their light commercial goods vehicle. It is stated that vehicles have a driver and helper therein and the permanent staff of the retail outlets including sale executives and assistants employed in the respective stores do the unloading of the books from the vehicles. It is submitted that the activity being carried on in the establishment by the petitioner is the sale of goods and that the unloading of goods from the light commercial vehicles is only completely incidental to the main activity of the retail stores. It is submitted that the time required for unloading the articles is less than half an hour, at a time, totalling to 2 ½ hours each month at the very most and that the work is being carried out by the petitioner's own employees. However, it is contended that the unattached headload workers owing allegiance to the trade unions are illegally and unauthorisedly imposing themselves as headload workers of the petitioner and forcefully discharging the aforesaid incidental loading and unloading works and demanding exorbitant charges. It is submitted that when attempt is made to carry out the unloading of the books by the petitioner's own employees, ## W.P.(C).Nos.29924/21 and con.cases 34 there is illegal obstruction, threat and attacks by the unattached workers and complaints preferred by the petitioner before the Police have not evoked any response. The police are duty bound to afford adequate protection to the petitioner for carrying out the loading and unloading activity, it is contended. - 4.The petitioner places reliance on the decision of a larger Bench of this Court in **Theresa Jose v. Sub Inspector of Police, Thoppumpady and others** [2015(3) KHC 487] particularly paragraphs 18,20 and 29 thereof to contend that since the retail outlets of the petitioners do not come within the meaning of Item No.5 of the schedule to the Kerala Headload Workers Act, 1978, the said stores do not answer the definition of establishment under the Act and that the Act or the Scheme made thereunder do not apply to the retail outlets of the petitioner. It is, therefore, contended that the unattached headload workers have absolutely no claim with regard to the loading and unloading work, which is purely casual in nature and that the petitioner is to be provided adequate protection W.P.(C).Nos.29924/21 and con.cases 35 for the conduct of their business, including the carrying on of the casual loading and unloading work with their workers. 5.A statement has been placed on record by the 5[th] respondents in W.P.(C).No.29924 of 2021. It is stated therein that the petitioners' establishments are mostly situated in Scheme implemented areas. It is submitted that the establishment Current Books (India) Pvt.Ltd at Thiruvananthapuram is registered with the District Committee of the respondent Board, but the establishment has not paid any wages through work card. It is stated that workers of “01 Statue Pool” work in the DC books for loading and unloading work and deposit the amount under Miscellaneous head. The registered workers “01 pool” have been doing loading and unloading works of DC Books for over 30 years. It is stated that recently the establishment decided to reduce the wage rate alleging that the wages are high and they are suffering loss, in a meeting between the Union Secretary of the Pool, workers and establishment owner. Later, the petitioner establishment informed the pool workers not to load and unload materials W.P.(C).Nos.29924/21 and con.cases 36 citing financial loss. It is submitted that the registered workers have been doing loading and unloading in the establishment for the past 30 years and they had only requested the establishment to permit them to carry on doing the work. It is stated that even as of now, the pool workers are carrying on the work in all the retail establishments and that there is no incident or any dispute in existence and that the prayers sought for are, therefore, not liable to be granted. 6.A counter affidavit has been filed by respondents 6 and 8 in W.P.(C).No.29924/2021 as well. It is submitted that the areas where the petitioners' establishments are functioning are scheme covered areas and the petitioner is duty bound to register his establishment in compliance with Clause (7) of the Kerala Headload Workers Scheme (Regulation of Employment and Welfare), 1983. It is submitted that books and periodicals are packed in big cartons, the approximate weight of each being 50 to 100 kgs and it is because the petitioners do not have permanent workers with Rule 26A identity cards that they have been willingly engaging the headload workers for such W.P.(C).Nos.29924/21 and con.cases 37 activity. It is contended that since the establishment is employing workers for loading and unloading, it definitely falls under Item No.5 to Schedule of the Kerala Headload Workers Act as stated in Section 2(j) of the Act. It is contended relying on **Nujumudeen M v. City Police Commissioner, Kollam and others** [2011(3) KLT 268] that where the establishment is situated in a scheme covered area, the loading and unloading activity can be carried out by engaging registered headload workers. The decision of a Full Bench of this Court in **Raghavan v. Superintendent of Police** [1998 (2) KLT 732 (FB) is also relied on to contend that all headload workers working in a scheme covered area, whether permanently employed in an establishment or not are required to be registered under Rule 26A before they can raise any contention that they are entitled to carry out the loading and unloading activity. The decisions of a Division Bench in **Amma Granites and Tiles v.District Labour Officer, Ernakulam and others** [2016(3) KLT 625] and **Jnana Prakasam v. Natarajan** [2002(1) KLT 39] are also relied on. It is further submitted that since there is absolutely no law and order 38 W.P.(C).Nos.29924/21 and con.cases situation prevalent at present and there is no specific allegation as to any criminal activity even in the complaints submitted by the petitioner, prayer for police protection is completely misconceived and cannot be granted. 7. The learned standing counsel appearing for the Board in the other writ petitions as well as the learned counsel appearing for the unattached workers would contend that what is contemplated by the provisions of the Kerala Headload Workers Act is a streamlining of the activity of loading and unloading work in the State and that in Scheme Covered Areas, only registered workers can carry out the work of loading and unloading. 8. I have considered the contentions advanced on all sides. The larger Bench of this Court had considered the pointed question as to what would be an establishment which falls under Item No.5 of Schedule to the Kerala Headload Workers Act, 1978. After examining all the decisions on the point and the language of the legal provisions threadbare, the larger Bench came to the conclusion that as evident from the judgment as follows:- W.P.(C).Nos.29924/21 and con.cases 39 “19. One of the preconditions for falling an establishment within the meaning of item No. 5 of the Schedule is where the workers, apart from loading and unloading, do some other incidental or connected operations. However, the emphasis is that the other operations are only incidental and connected. The words 'incidental' and 'connected' are joined by a conjunction "and". Hence meaning of both words would take the same colour. 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. Now the first phrase "establishment employing workers for loading and unloading" is of importance and has been consciously used by the Legislature. The words used are "establishment employing workers for loading and unloading". The word used is verb 'employing' which indicate that the establishment is employing workers for loading and unloading which is a predominant activity of the establishment. If the establishment is not employing workers for loading and unloading it may not fall in item No. 5. The registration of a worker under R.26A is to be made after notice to the employer which is a statutory provision contained in R.26A. What is the purpose and intent of giving notice to employer? Notice to the employer is also intended to enable the employer to 'object to the notice of registration' and there is an obligation on the registering authority to consider the objections. In the context of the statutory scheme, as indicated in R.26A(2) and (3), it is clear that the fact as to W.P.(C).Nos.29924/21 and con.cases 40 whether the establishment is employing workers for loading and unloading becomes important. In the event of the employer not employing workers for loading and unloading, the establishment may not be covered by item No. 5. The registration of workers as headload workers is contemplated under the Scheme and the 1981 Rules in the context of employer and the nature of the establishment. Form No. IX of the 1981 Rules is relevant which is quoted below: ## "Form IX ## APPLICATION FOR REGISTRATION OF HEADLOAD WORKERS 1. Name and Address of the headload worker: 2. Name(s) and Address(es) of the employers under whom the headload worker is working : 3. Nature of work : 4. Date of Birth & Age of headload worker : 5. Date of commencement of work under the employer I ...................... solemnly affirm that the particulars furnished above are true to the best of my knowledge and belief and request that my name may be registered. Place : Date : Signature of the Applicant" Names and addresses of employers as well as nature of work is one of the informations sought for. Thus, while registering a worker, the registering authority has to apply its mind as to whether the registration which is claimed by the worker is a registration in an establishment in the Schedule or not. W.P.(C).Nos.29924/21 and con.cases 41 20. As noted above, the expression establishment employing workers is not used for any other items except Items Nos. 5, 7, 12 and 13. Thus, in the context of other items, the fact as to whether establishment is employing workers for loading and unloading may not be necessary and worker may be held entitled for getting registered. For the purposes of item Nos. 5, 7, 12 and 13, however, the factum of 'establishment employing workers' becomes important and has to be given due weight. ## xxxxx xxxxxx 29. We thus are of considered opinion that item No. 5 of the Schedule is to be interpreted to be an establishment which fulfills following three conditions: (i) An establishment is employing workers for loading and unloading of goods (ii) the work of loading and unloading for which the worker is employed, is of a predominant nature (iii) the workers employed may also be carrying on other operations incidental and connected thereto. 9.In a similar fact situation, a Division Bench of this Court in **All** **Kerala Distribution Association, Kodungallur Unit v. Sub Inspector of Police, Kodungallur and others** [2021 (5) KHC 516] considered the judgment of the larger Bench as well as the contentions of the parties and held as follows:- W.P.(C).Nos.29924/21 and con.cases 42 “Essentially therefore the petitioner disputes the claim of the respondents to do the work of loading and unloading, and reiterates the entitlement of its members to get the loading and unloading work done by their own workers. The stand adopted by the respondents is that the work is liable to be got done by engaging the Headload workers deputed from the pool maintained under the scheme framed pursuant to the provisions of the Kerala Headload Workers Act. Having considered the submissions made, we find that the Kerala Headload Workers Act and the scheme framed thereunder would be of application only to the establishments enumerated under the schedule to the Act and the question is whether the members of the petitioner or their buyers would qualify to be an establishment as defined under the Act. Insofar as this question is concerned, we do not think, it needs to be debated at length for the reason that a Larger Bench of this Court has already considered an identical issue in the decision in Therasa Jose v. Sub Inspector of Police (2015 (3) KHC 487 : 2015 (1) KLT 485 : 2015 (1) KLJ 714 : AIR 2015 Ker. 168). In that case, after examining the provisions of the Kerala Headload Workers Act, the Rules and the Scheme, it was held by the Larger Bench that the petitioner's establishment where marble and such other materials were being sold does not qualify to be an establishment within the meaning of the Act for the reason that the loading and unloading work involved is not the predominant activity, but was only an incidental activity. According to us, the same principle should apply to the case of the members of the petitioner and their buyers, who are retailers. If that be so, the workers of the pool constituted under the scheme framed under the Kerala Headload Workers Act cannot have any claim for the incidental work of loading and unloading in the establishment of the members of the petitioner or at the delivery points. In other words, the members of the petitioner are entitled to deliver the goods distributed by them through their own workers.” ## W.P.(C).Nos.29924/21 and con.cases 43 10.Though the learned counsel for the respondents would contend relying on the earlier Full Bench judgment and other Bench decisions that where the area in question is a scheme covered area loading and unloading activity can be carried out only by registered workers, I am clearly of the opinion that in the light of the decision of the larger Bench which settles the issue as to what is an establishment as provided in Item No.5 to the schedule, none of the contentions raised by the respondents are liable to be considered. The situation, therefore, is that the scheme framed under the provisions of the Headload Workers Act and Rules would apply only in cases of establishments as defined by Section 2(j) of the Act. The petitioner's premises do not come within any of the other Items under the Schedule. The only Item under which it can be accommodated is Item No.5 which reads as follows:- - “5. Establishments employing workers for loading or unloading of goods and other operations incidental and connected thereto. “ - 11.The larger Bench having clearly held that a premises would come under Item No.5 only if the loading and unloading activity carried on there is the predominant activity and all W.P.(C).Nos.29924/21 and con.cases 44 other activities are only incidental thereto and since under no stretch of imagination can it be held that the predominant activity in a book retail outlet is that of loading and unloading. I fail to see how the respondents or the Board can contend that the unattached Pool workers are entitled to carry out the loading and unloading activity in premises, which do not fall in the definition of establishment under the Act. - 12.If that be so, the prayers sought for are liable to be granted. In case of any obstruction caused by the members of the contesting respondents to the carrying out of the loading and unloading activity by the employees of the petitioner, the petitioner may inform the Station House Officer, who shall afford adequate protection for the conduct of such casual loading and unloading of books in the retail outlets in question. The writ petitions are ordered accordingly. sd/- ## **Anu Sivaraman, Judge** sj W.P.(C).Nos.29924/21 and con.cases 45 ## **APPENDIX OF WP(C) 29924/2021** PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF COMPLAINT DATED 25.10.2021 SUBMITTED BY PETITIONER TO 1ST RESPONDENT. Exhibit P2 TRUE COPY OF COMPLAINT DATED 25.10.2021 SUBMITTED BY PETITIONER TO 2ND RESPONDENT. Exhibit P3 TRUE COPY OF COMPLAINT DATED 25.10.2021 SUBMITTED BY PETITIONER TO 4TH RESPONDENT. Exhibit P4 TRUE COPY OF COMPLAINT DATED 25.10.2021 SUBMITTED BY PETITIONER TO 3RD RESPONDENT. W.P.(C).Nos.29924/21 and con.cases 46 ## **APPENDIX OF WP(C) 15201/2022** PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF COMPLAINT DATED 22.03.2022 SUBMITTED BY PETITIONER TO 1ST RESPONDENT WITH COPY TO RESPONDENTS NOS.2 AND 3 Exhibit P2 TRUE COPY OF ORDER DATED 22.12.2021 OF THIS HON'BLE COURT IN WP(C) NO.29924 OF 2021 W.P.(C).Nos.29924/21 and con.cases 47 ## **APPENDIX OF WP(C) 15204/2022** PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF COMPLAINT DATED 22.3.2022 SUBMITTED BY PETITIONER TO 1ST RESPONDENT WITH COPY TO 2ND RESPONDENT Exhibit P2 TRUE COPY OF ORDER DATED 22.12.2021 OF THIS HON'BLE COURT IN WP(C) NO.29924 OF 2021 W.P.(C).Nos.29924/21 and con.cases 48 ## **APPENDIX OF WP(C) 15250/2022** PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF COMPLAINT DATED 22.03.2022 SUBMITTED BY PETITIONER TO 1ST RESPONDENT WITH COPY TO RESPONDENTS NOS.2 AND 3 Exhibit P2 TRUE COPY OF ORDER DATED 22.12.2021 OF THIS HON'BLE COURT IN WP(C) NO.29924 OF 2021 W.P.(C).Nos.29924/21 and con.cases 49 ## **APPENDIX OF WP(C) 15290/2022** PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF COMPLAINT DATED 22.03.2022 SUBMITTED BY PETITIONER TO 1ST RESPONDENT WITH COPY TO 2ND RESPONDENT Exhibit P2 TRUE COPY OF ORDER DATED 22.12.2021 OF THIS HON'BLE COURT IN WP(C) NO.29924 OF 2021 W.P.(C).Nos.29924/21 and con.cases 50 ## **APPENDIX OF WP(C) 15364/2022** PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF COMPLAINT DATED 22.03.2022 SUBMITTED BY PETITIONER TO 1ST RESPONDENT WITH COPY TO 2ND RESPONDENT Exhibit P2 TRUE COPY OF ORDER DATED 22.12.2021 OF THIS HON'BLE COURT IN WP(C) NO.29924 OF 2021 W.P.(C).Nos.29924/21 and con.cases 51 ## **APPENDIX OF WP(C) 15367/2022** PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF COMPLAINT DATED 22.3.2022 SUBMITTED BY PETITIONER TO 1ST RESPONDENT WITH COPY TO 2ND RESPONDENT Exhibit P2 TRUE COPY OF ORDER DATED 22.12.2021 OF THIS HON'BLE COURT IN WP(C) NO.29924 OF 2021 RESPONDENT EXHIBITS Exhibit R4(A) TRUE COPY OF THE WORK ISSUED BY THE PETITIONER ON 24/07/2019 Exhibit R4(B) TRUE COPY OF THE WORK ISSUED BY THE PETITIONER ON 20/02/2020 Exhibit R4(C) TRUE COPY OF THE WORK ISSUED BY THE PETITIONER ON 07/03/2020 W.P.(C).Nos.29924/21 and con.cases 52 ## **APPENDIX OF WP(C) 15377/2022** PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF COMPLAINT DATED 22.03.2022 SUBMITTED BY PETITIONER TO 1ST RESPONDENT WITH COPY TO 2ND RESPONDENT Exhibit P2 TRUE COPY OF ORDER DATED 22.12.2021 OF THIS HON'BLE COURT IN WP(C) NO.29924 OF 2021 W.P.(C).Nos.29924/21 and con.cases 53 ## **APPENDIX OF WP(C) 15378/2022** PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF COMPLAINT DATED 22.03.2022 SUBMITTED BY PETITIONER TO 1ST RESPONDENT WITH COPY TO 2ND RESPONDENT Exhibit P2 TRUE COPY OF ORDER DATED 22.12.2021 OF THIS HON'BLE COURT IN WP(C) NO.29924 OF 2021 W.P.(C).Nos.29924/21 and con.cases 54 ## **APPENDIX OF WP(C) 15525/2022** PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF COMPLAINT DATED 22.3.2022 SUBMITTED BY PETITIONER TO 1ST RESPONDENT WITH COPY TO 2ND RESPONDENT Exhibit P2 TRUE COPY OF ORDER DATED 22.12.2021 OF THIS HON'BLE COURT IN WP(C) NO.29924 OF 2021 W.P.(C).Nos.29924/21 and con.cases 55 ## **APPENDIX OF WP(C) 15621/2022** PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF COMPLAINT DATED 22.03.2022 SUBMITTED BY PETITIONER TO 1ST RESPONDENT WITH COPY TO 2ND RESPONDENT Exhibit P2 TRUE COPY OF ORDER DATED 22.12.2021 OF THIS HON'BLE COURT IN WP(C) NO.29924 OF 2021 W.P.(C).Nos.29924/21 and con.cases 56 ## **APPENDIX OF WP(C) 15626/2022** PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF COMPLAINT DATED 22.03.2022 SUBMITTED BY PETITIONER TO 1ST RESPONDENT WITH COPY TO 2ND RESPONDENT Exhibit P2 TRUE COPY OF ORDER DATED 22.12.2021 OF THIS HON'BLE COURT IN WP(C) NO.29924 OF 2021 W.P.(C).Nos.29924/21 and con.cases 57 ## **APPENDIX OF WP(C) 15665/2022** PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF COMPLAINT DATED 22.03.2022 SUBMITTED BY PETITIONER TO 1ST RESPONDENT WITH COPY TO 2ND RESPONDENT Exhibit P2 TRUE COPY OF ORDER DATED 22.12.2021 OF THIS HON'BLE COURT IN WP(C) NO.29924 OF 2021 W.P.(C).Nos.29924/21 and con.cases 58 ## **APPENDIX OF WP(C) 15690/2022** PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF COMPLAINT DATED 22.03.2022 SUBMITTED BY PETITIONER TO 1ST RESPONDENT WITH COPY TO 2ND RESPONDENT Exhibit P2 TRUE COPY OF ORDER DATED 22.12.2021 OF THIS HON'BLE COURT IN WP(C) NO.29924 OF 2021 W.P.(C).Nos.29924/21 and con.cases 59 ## **APPENDIX OF WP(C) 15772/2022** PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF COMPLAINT DATED 22.03.2022 SUBMITTED BY PETITIONER TO 1ST RESPONDENT WITH COPY TO 2ND RESPONDENT Exhibit P2 TRUE COPY OF ORDER DATED 22.12.2021 OF THIS HON'BLE COURT IN WP(C) NO.29924 OF 2021 W.P.(C).Nos.29924/21 and con.cases 60