High Court of KeralaWP(C)/24936/2014disposed of

Ramadas.P.R. v. Devassy

2015-12-03Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 3RD DAY OF DECEMBER 2015/12TH AGRAHAYANA, 1937 WP(C).No. 24936 of 2014 (N) ---------------------------- PETITIONER :

--------------------- RAMADAS P.R., ROOF INDIA COMPANY, 38/67/1, KIZHAKKEPPURAM ROAD POOTHOLE, THRISSUR-4.

BY ADV. SRI.K.A.SATHEESA BABU RESPONDENT(S) :

---------------------------- *1. DEVASSY THE SECRETARY, 17D POOL, C.I.T.U. GENERAL WORKERS POOTHOLE, THRISSUR-695 004. [*DELETED]

2. THE SECRETARY, 17D POOL, ALL INDIA TRADE UNION (AITUC), POOTHOLE THRISSUR-695 004.

3. THE SUB INSPECTOR OF POLICE, AYYANTHOLE POLICE STATION, THRISSUR-695 004.

4. THE SECRETARY, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695 001.

*THE NAME 'DEVASSY' STRIKEN OFF FROM THE ADDRESS OF THE FIRST RESPONDENT AS PER ORDER DATED 12.01.2015 IN IA 156/15.] R1 BY SENIOR ADVOCATE SRI.RENJITH THAMPAN BY ADV. SMT.P.R.REENA R3 & R4 BY SR. GOVT. PLEADER SRI. C.R. SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/-

WP(C).No. 24936 of 2014 (N) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXHIBIT-P1COPY OF REGISTRATION CERTIFICATE DATED 10/06/2013. EXHIBIT-P2COPY OF IDENTITY CARD ISSUED TO SUNOJ E.P. EXHIBIT-P3COPY OF IDENTITY CARD ISSUED TO JOSEPH PRINCE. EXHIBIT-P4COPY OF IDENTITY CARD ISSUED TO SADASIVAN P. EXHIBIT-P5COPY OF IDENTITY CARD ISSUED TO MANIKANDAN. EXHIBIT-P6COPY OF IDENTITY CARD ISSUED TO BIJU K.S. EXHIBIT-P7COPY OF COMPLAINT MADE TO THE 3RD RESPONDENT FOR POLICE PROTECTION ON 19/07/2014.

EXHIBIT-P8ACKNOWLEDGEMENT DATED 19/07/2014 OF COMPLAINT BY RESPONDENT.

EXHIBIT-P9COPY OF RECEIPT ISSUED BY THRISSUR CORPORATION TO THE PETITIONER IN THE MATTER OF PAYMENT OF LICENCE FEE. RESPONDENT(S)' EXHIBITS : NIL -------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

ASHOK BHUSHAN, C.J. & A.M. SHAFFIQUE, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 24936 OF 2014 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of December, 2015

JUDGMENT

Shaffique, J.

This writ petition has been filed seeking police protection in the matter relating to loading and unloading work to be carried on by the petitioner in his own premises.

2. An interim order had been passed by this Court permitting the petitioner to carry on the loading and unloading work through his registered workers who are having identity cards under Rule 26(A) of the Headload Workers Rules.

3. Counter affidavit has been filed by the 2nd respondent Union stating that they have registered members in the Union and are entitled to demand the work.

4. But fact remains that the petitioner's workers are already having identity cards and he is entitled to carry on the loading and unloading work through his own registered workers. We dispose of the Writ Petition making the interim order absolute.

Ashok Bhushan, Chief Justice.

A.M. Shaffique, Judge.

ttb/03/12