WP(C) NO. 39787 OF 2023 1 2025:KER:27979 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 39787 OF 2023 PETITIONER: DASAN P., AGED 52 YEARS S/O. THANKAN P, PULLAROTTIL HOUSE, THENKARA P.O, MANNARKKAD, PALAKKAD DISTRICT, PROPRIETOR, M.D. HOLLOW BRICKS, THENKARA P.O, CANAL JUNCTION, MANNARKKAD, PALAKKAD DISTRICT., PIN - 678582 BY ADVS. SRI.JACOB SEBASTIAN SRI.WINSTON K.V SMT.ANU JACOB RESPONDENTS: 1 THE STATION HOUSE OFFICER, MANNARKKAD POLICE STATION, MANNARKKAD P.O, PALAKKAD DISTRICT., PIN - 678582 2 THE KERALA HEAD LOAD WORKERS WELFARE FUND BOARD, A.M COMPLEX, T.B ROAD, PALAKKAD DISTRICT, REPRESENTED BY ITS DISTRICT OFFICER., PIN - 678014 3 THE CENTRE FOR INDIAN TRADE UNIONS (CITU) HEAD LOAD WORKERS UNIT, THENKARA UNIT, MANNARKKAD P.O, PALAKKAD DISTRICT, REPRESENTED BY ITS SECRETARY., PIN - 678582 4 THE INDIAN NATIONAL TRADE UNION OF CONGRESS (INTUC), THENKARA UNIT, MANNARKKAD P.O, PALAKKAD DISTRICT, REPRESENTED BY ITS PRESIDENT., PIN - 678582 BY ADVS. SRI.THOMAS ABRAHAM SRI.K.G.CLEETUS SRI.N.V.PAUL(K/35/2016) SMT. K.B.SONY, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 39787 OF 2023 2 2025:KER:27979 JUDGMENT Dated this the 02nd day of April, 2025 The writ petition is filed to direct the 1st respondent to afford adequate police protection to the petitioner and his workers to function his establishment of manufacturing cement hollow bricks. 2. The petitioner is a proprietor of a hollow bricks manufacturing small scale industry. The petitioner has permanent workers. The petitioner’s establishment is not situated in an area where the Kerala Head Load Workers (Regulation of Employment and Welfare) Scheme is made operational. Despite the said fact, the party respondents are obstructing the petitioner from functioning his establishment by illegally demanding loading and unloading work. The action of the party respondents is illegal. Even though the petitioner had filed Ext.P2 complaint before the 1st respondent, no action has been taken in this matter. Hence, the writ petition. WP(C) NO. 39787 OF 2023 3 2025:KER:27979 3. The respondents 3 and 4 have filed a counter affidavit refuting the allegations in the writ petition. They have contended that the petitioner had started his establishment in the year 2015. The members of the respondents 3 and 4 trade unions were doing the loading and unloading work in the petitioner’s establishment without any interruption. The respondents 3 and 4 are the registered workers under the Kerala Head Load Workers Act and the Rules framed thereunder. The petitioner and the leaders of the respondents 3 and 4 had entered into Ext.R3(d) agreement, whereby the petitioner had agreed to engage the registered workers of the respondents 3 and 4. It is by suppressing these facts, that the petitioner has filed the present writ petition. Therefore, the writ petition may be dismissed. 4. Heard; the learned counsel for the petitioner, the learned Government Pleader, the learned Standing Counsel appearing for the 2nd respondent Board WP(C) NO. 39787 OF 2023 4 2025:KER:27979 and the learned counsel appearing for the respondents 3 and 4. 5. The learned counsel appearing for the 2nd respondent submitted that, the petitioner’s establishment is not situated within a Scheme covered area. However, there is a proposal to include the area under the Kerala Head Load Workers (Regulation of Employment and Welfare) Scheme immediately. If the area is included in the Scheme, then the petitioner would have to necessarily employ workers of the party respondents. Therefore, the writ petition may be dismissed. 6. On an analysis of the pleadings and the materials on record, it is evident that the petitioner’s establishment is not situated within a Scheme covered area. So as long as the Scheme is not made operational in the area where the petitioner’s establishment is located, the party respondents have no legal right to demand for work in the petitioner’s establishment, which is well settled position of law by this Court. WP(C) NO. 39787 OF 2023 5 2025:KER:27979 In the aforesaid circumstances, I dispose of this writ petition, by directing the 1st respondent to afford adequate police protection to the petitioner to carry on the work in his establishment, including the loading and unloading work with his own workers. Needless, to mention that, in case the Scheme is made operational to in the area where the petitioner's establishment is located, it will be upto the party respondents to move this Court and seek for modification/review of the present judgment. The writ petition is ordered accordingly. Sd/- C.S.DIAS JUDGE NAB WP(C) NO. 39787 OF 2023 6 2025:KER:27979 APPENDIX OF WP(C) 39787/2023 PETITIONER EXHIBITS EXHIBIT-P1 A TRUE COPY OF THE LETTER DATED 19.08.2016 ISSUED BY THE 2ND RESPONDENT. EXHIBIT-P2 A TRUE COPY OF THE COMPLAINT DATED 27.11.2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ALONG WITH RECEIPT DATED 27.11.2023. RESPONDENT EXHIBITS EXHIBIT-R3(a) TRUE COPY OF THE IDENTITY CARD (REG. NO.09/07/1498/08) ISSUED TO THE SECRETARY TO THE 3RD RESPONDENT UNION EXHIBIT-R3(b) TRUE COPY OF THE SPECIAL IDENTITY CARD (REG. NO.09/07/1496/08) ISSUED TO THE PRESIDENT TO THE 4TH RESPONDENT EXHIBIT-R3(c) TRUE COPY OF THE CERTIFICATE DATED 17.12.2023 ISSUED BY THE CHAIRMAN, DEVELOPMENT STANDING COMMITTEE AND MEMBER WARD 8 OF THENKARA GRAMA PANCHAYAT EXHIBIT-R3(d) TRUE COPY OF THE AGREEMENT DATED 25.11.2023 SIGNED BY THE OFFICE BEARERS OF THE VYAPARI VYAVASAI EKOPANA SAMITHI, THENGARA UNIT AND THE OFFICE BEARERS OF THE RESPONDENTS NO.3 AND 4