Yahiya Koya v. Circle Inspector of Police Kayamkulam; Kerala Headload Workers Welfare Board Sub Committee Kayamkulam; Headload Workers Union (CITU); Headload Workers Union (BMS)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 5[TH] DAY OF AUGUST 2021 / 14TH SRAVANA, 1943** ## **WP(C) NO. 28848 OF 2019** ## **PETITIONER:** YAHIYA KOYA AGED 43 YEARS S/O. KOYAKUNJU, PROPRIETOR, OFC FRUITS COMPANY, MEDAMUKKU(PRATHANGAMOOD), KAYAMKULAM-690502, RESIDING AT GREENLAND, NEAR M.S.M. COLLEGE, KAYAMKULAM-690502. BY ADVS. V.SANTHARAM SRI.LAKSHMEESH.S.KAMATH SRI.P.S.SISHOY ## **RESPONDENTS:** 1 THE CIRCLE INSPECTOR OF POLICE KAYAMKULAM POLICE STATION, KAYAMKULAM-690502. 2 THE KERALA HEADLOAD WORKERS WELFARE BOARD, SUB COMMITTEE, KAYAMKULAM, NEAR MERYLAND HOTEL, K.P. ROAD, KAYAMKULAM-690502, REPRESENTED BY ITS CHAIRMAN. 3 HEADLOAD WORKERS UNION(CITU), MENATHERIL, KAPPILMEKKU, KRISHNAPURAM P O, KAYAMKULAM-690533, REPRESENTED BY ITS SECRETARY MR. SUMESH. 4 HEADLOAD WORKERS UNION(BMS) MENATHERIL, KAPPILMEKKU, KRISHNAPURAM P O, KAYAMKULAM-690533, REPRESENTED BY ITS SECRETARY MR. SOMARAJAN, BY ADVS. SRI.S.KRISHNA MOORTHY(ERNAKULAM), SC SRI.V.P.PRASAD ## **OTHER PRESENT:** SMT.REKHA.C.NAIR, SR.GP **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.P.(C).No.28848/2019** **2** ## **P.V.KUNHIKRISHNAN, J. -------------------------------** **W.P.(C).No.28848 of 2019** ## **---------------------------------------------Dated this the 05[th] day of August, 2021** ## **JUDGMENT** This writ petition is filed with following prayers: - _i. issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1[st] respondent to remove the obstruction caused by the respondents 3 and 4 and their workers and any other persons claiming under them, and to provide effective protection to the petitioner and his own attached workers, referred to in ExhibitsP5 to P7, for conducting loading and unloading work in the fruits storage godown of the petitioner situated at premises No.27/486 H, Menatheril, Kappilmekku, Krishnapuram P.O., Kayamkulam690533._ - _ii. direct the 1[st] respondent to take appropriate actions on Exhibit P8 complaint in accordance with law._ - _iii. issue such other writ, order or direction as deem fit proper by this Hon'ble Court according to the facts and circumstances of the case for the interest of justice._ **3** ## **W.P.(C).No.28848/2019** ## 2. Short facts are like this: Petitioner is running a proprietary concern in the name and style 'OFC Fruits Company', dealing with various types of fruits like mango, papaya, grapes, orange, apple, anar etc. According to the petitioner, he is the stockiest in the said business in Kayamkulam. His main business is at Medamukku, Prathangamood, Kayamkulam, which is inside the city. According to the petitioner, these areas are not scheme covered areas. He is having a fruit storage godown about 4 kms away from the city situated at Menatheril, Kappilmekku, Kayamkulam. Admittedly this is a scheme covered area. According to the petitioner, he is having registered headload workers with identity cards issued under Rule 26A. Exts.P5 to P7 and P9 to P11 are the identity cards produced by the petitioner. The grievance of the petitioner is that when the petitioner is having his own registered headload workers, the members of respondents 2 to 4 are creating problem and the petitioner is not in a position to do the loading and unloading work using his own registered headload workers. 3. When this writ petition came up for consideration on 29.10.2019, this Court passed the following order: **W.P.(C).No.28848/2019** **4** _“Admit._ _Government Pleader takes notice for the first respondent. Standing Counsel takes notice for the second respondent. Issue notice by special messenger to respondents 3 and 4._ _Pending disposal of the writ petition, the first respondent shall extend police protection to the petitioner to carryout the loading and unloading works in his fruits storage godown referred to in the writ petition, by engaging the workers to whom Ext.P5 to P7 identity cards were issued.”_ 4. Today, when this writ petition came up for consideration, the counsel for the petitioner submitted that the interim order may be retained and the writ petition may be disposed. The counsel also submitted that there is a contention to the contesting respondents that since the petitioner's registered employees are registered in a particular area, they cannot work in the other area where the petitioner is having godown and other business. The counsel relied on the judgments of this Court in **Eastern Condiments (P) Ltd v. Sub Inspector of Police [2012 (3) KLT 58]** , **Southern Agencies (M/s.) v. Sub Inspector of Police, Thripunithura and Others [2018 (5) KHC 20]** and **A one Furniture v. Sub Inspector of Police [2018 (2) KLT 731]** . The counsel **5** ## **W.P.(C).No.28848/2019** submitted that in the light of above decisions, the petitioner can engage their registered employees in any of the branches of the petitioner. 5. The contesting respondents submitted that the petitioner is engaging about 15 to 20 workers, who are not registered headload workers and that is why the contesting respondents interfered. The counsel for the contesting respondents submitted that there is no obstruction from the members of their Unions. The Standing Counsel for the Board submitted that the petitioner can engage registered workers. The Standing Counsel bring to the notice of this Court that the godown of the petitioner is situated in a scheme covered area. Therefore the petitioner can engage only registered headload workers. 6. Admittedly the petitioner is having 6 registered headload workers, as evident by Exts.P5 to P7 and P9 to P11. As long as the petitioner is having registered headload workers, the members of the contesting respondents have no authority to interfere in their day to day business. Therefore this writ petition can be disposed retaining the interim order. As far as the submission of the petitioner to the effect that, **6** ## **W.P.(C).No.28848/2019** even though the registered workers are registered in the area where the main shop is situated, they can be engaged in any of his branch, this position is settled by this Court in **Eastern Condiments (P) Ltd. (supra)** , **Southern Agencies (supra)** and **A One Furniture (supra).** Therefore the petitioner can engage his registered workers in his shops or godowns situated anywhere. The contesting respondents want to challenge the identity cards issued to the headload workers of the petitioner. No such liberty is necessary because the contesting respondents are free to approach the statutory authorities if they can do so as per law. Therefore, this writ petition is disposed of, retaining the interim order dated 29.10.2019, with following further directions: 1. If there is any threat from the members of respondents 2 to 4, to the petitioner or his attached workers, the petitioner is free to approach the 1[st] respondent with a representation/complaint. 2. If such a representation/complaint is received, the 1[st] respondent will afford adequate police **7** ## **W.P.(C).No.28848/2019** protection to the petitioner for engaging his attached workers for loading and unloading activities, based on Exts.P5 to P7 and P9 to P11 identity cards. 3. The petitioner is free to engage their registered workers covered by Exts.P5 to P7 and P9 to P11, in any of their branch, godown, etc. JV sd/- **P.V.KUNHIKRISHNAN JUDGE** **8** ## **W.P.(C).No.28848/2019** ## **APPENDIX OF WP(C) 28848/2019** PETITIONER EXHIBITS |EXHIBIT P1|TRUE COPY OF THE REGISTRATION| |---|---| ||CERTIFICATE DATED OBTAINED FOR THE| ||MAIN SHOP WHICH WAS RENEWED FROM| ||25.09.2019 ISSUED BY THE ALO,| ||KAYAMKULAM.| |EXHIBIT P2|TRUE COPY OF THE LICENCE DATED| ||25.05.2019 FOR THE PERIOD 2019-2010| ||ISSUED BY KAYAMKULAM MUNICIPALITY FOR| ||THE MAIN SHOP.| |EXHIBIT P3|TRUE COPY OF THE REGISTRATION DATED| ||29.09.2019 OBTAINED BY THE PETITIONER| ||FOR HIS STORAGE GODOWN AT MENATHERIL| ||KAPPILMEKKU, KRISHNAPURAM P O| |EXHIBIT P4|TRUE COPY OF THE LICENCE DATED| ||22.05.2019 ISSUED BY THE KAYAMKULAM| ||MUNICIPALITY FOR THE FRUITS STORAGE| ||GODOWN.| |EXHIBIT P5|TRUE COPY OF THE ID CARD REGISTRATION| ||NO.04/01/12/2019 ISSUED IN FAVOUR OF| ||MR. SALIM H.| |EXHIBIT P6|TRUE COPY OF THE ID CARD REGISTRATION| ||NO.04/01/13/2019 ISSUED IN FAVOUR OF| ||MR. NISSAM.S,| |EXHIBIT P7|TRUE COPY OF THE ID CARD REGISTRATION| ||NO.04/01/14/2019 ISSUED IN FAVOUR OF| ||MR. AJMAL KHAN.| |EXHIBIT P8|TRUE COPY OF THE REPRESENTATION DATED| ||23.10.2019 ALONG WITH THE RECEIPT.| |EXHIBIT P9|TRUE COPY OF THE ID CARD REGISTRATION| ||NO.04/01/01/2021 ISSUED IN FAVOUR OF| ||MR.RIYAS A.| |EXHIBIT P10|TRUE COPY OF THE ID CARD REGISTRATION| ||NO.04/01/02/2021 ISSUED IN FAVOUR OF| ||MR.ABDUL SAMAD S| |EXHIBIT P11|TRUE COPY OF THE ID CARD REGISTRATION| ||NO.04/01/03/2021 ISSUED IN FAVOUR OF| ||MR.BABUMON B.| |EXHIBIT P12|TRUE COPIES OF THE FORMS NO.VI AND V| ||PRESCRIBED UNDER RULE 27 OF THE RULES,| ||1981 FOR THE PERIOD FROM 04.03.2019 TO| ||09.03.2019, 01.07.2019 TO 06.07.2019| ||AND 12.07.2021 TO 17.07.2021 IN| **9** ## **W.P.(C).No.28848/2019** RESPECT OF THE ATTACHED HEAD LOAD WORKERS NAMELY, MR.NIZAM, MR.SALIM AND MR.AJMAL KHAN (COVERED UNDER EXHIBITSP5 TO P7) EXHIBIT P13 EXHIBIT P14 TRUE COPIES OF THE FORMS NO.VI AND V PRESCRIBED UNDER RULE 27 OF THE RULES, 1981 FOR THE PERIOD FROM 05.10.2020 TO 10.10.2020, 22.03.2021 TO 27.03.2021 AND 12.07.2021 TO 17.07.2021 IN RESPECT OF THE ATTACHED HEAD LOAD WORKERS NAMELY, MR.BABUMON, MR.RIYAS AND MR.ABDUL SAMAD (COVERED UNDER EXHIBITS-P9 TO P11) TRUE COLOUR PHOTOS OF EXHIBITING OPERATION OF HYDRAULIC LIFTS AND TROLLEY OPERATION DONE IN PETITIONER'S GODOWN