Paul Inasu v. Citu Union

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. 34738 of 2014 (N) ---------------------------- PETITIONER(S) :- ------------------ PAUL INASU PROPRIETOR, SNOW FOOD DISTRIBUTORS, ARANATTUKARA THRISSUR DISTRICT-680 618.

BY ADVS.SRI.JOMY GEORGE SRI.SEBASTIAN THOMAS RESPONDENT(S) :- ------------------

1. CITU UNION, THOPPILMOOLA, ARANATTUKARA THRISSUR DISTRICT-680 618, REPRESENTED BY ITS SECRETARY.

2. INTUC UNION, THOPPILMOOLA, ARANATTUKARA THRISSUTR DISTRICT-680 618, REPRESENTED BY ITS SECRETARY.

3. GENEREAL MASDOOR SANGAM UNION, THOPPILMOOLA, ARANATTUKARA THRISSUR DISTRICT-680 618 REPRESENTED BY ITS SECRETARY.

4. ASSISTANT LABOUR OFFICER, THRISSUR-680 001.

5. SUB INSPECTOR OF POLICE, THRISSUR WEST POLICE STATION, THRISSR P.O.

THRISSUR DISTRICT, PIN-680 001.

6. SUPERINTENDENT OF POLICE, THRISSUR DISTRICT-680 001.

7. STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. R4-R7 BY SR.GOVERNMENT 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:

WP(C).No. 34738 of 2014 (N) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ---------------------------- EXT.P1. TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED FROM COMMERCIAL TAX DEPARTMENT TO THE PETITIONER.

EXT.P2. TRUE COPY OF THE LICENSE ISSUED FROM FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA.

EXT.P3. TRUE COPIES OF THE IDENTITY CARDS ISSUED BY THE ASSISTANT LABOUR OFFICER, THRISSUR TO THE WORKERS OF THE PETITIONER. EXT.P4. TRUE COPY OF THE PROCEEDINGS OF THE ASSISTANT LABOUR OFFICER FOR ISSUING IDENTITY CARDS UNDER THE HEADLOAD WORKERS ACT WITH ITS ENGLISH TRANLATION.

EXT.P5. TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT ON 16-12-14 WITH ITS ENGLISH TRANSLATION. EXT.P6. TRUE COPY OF THE RECEIPT ISSUED BY THE SUB INSPECTOR OF POLICE EVIDENCING THE ACCEPTANCE OF EXT.P5 COMPLAINT DATED 16-1214 WITH ITS ENGLISH TRANSLATION. RESPONDENT(S)' EXHIBITS :- NIL ------------------------------- //TRUE COPY// P.A. TO JUDGE

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

- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 34738 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 with his own registered employees.

2. An interim order had already been passed by this Court observing that the petitioner has his own permanent workers with identity cards as per Rule 26(A) of the Headload Workers Rules. In such event respondents 1 and 2 have no right to demand loading and unloading work in the petitioner's premises.

With the above observation the Writ Petition is disposed of.

Ashok Bhushan, Chief Justice.

A.M. Shaffique, Judge.

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