ANSHAD M Vs. DISTRICT POLICE CHIEF

JUDGEMENT

(1.) The petitioner is the proprietor of M/s. A.B Traders and is engaged in the trade of rice and cereals. According to the petitioner, the establishment run by the petitioner is not situated in an area where of the functional operation of the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme, 1983 ("the Scheme" for short) framed under the Head Load Workers Act ("the Act" for short) has been extended. In view of the above, he is entitled to employ his own permanent workers. He further contends that the loading and unloading works carried out in the petitioner's establishment is only incidental, and the workers of the petitioner, who are primarily engaged to do other works, and do loading and unloading works occasionally, will not fall within the definition of the term "headload workers" as defined under the Act. His grievance is that the 5th respondent, who is a union leader, along with his men has been persistently causing obstructions and they are threatening the petitioner and his workers demanding that their services should be availed. Though the petitioner approached the official respondents seeking protection, the same was not granted. It is in the said circumstances that the petitioner has approached this Court seeking a direction to the respondents 1 and 2 to afford adequate Police protection to the petitioner and his employees to carry on the work without any threat or obstruction from the fifth respondent or his men.

(2.) A statement has been filed for and on behalf of the Kerala Headload Workers Welfare Board by the learned standing counsel. In the statement, it is stated that the functional operation of the Scheme has been extended to the area where the establishment of the petitioner is situated. It is further stated that the pool consists of nine registered headload workers and as the workers of the petitioner are not holding 26A cards, the registered workers cannot be excluded.

(3.) In reply, the petitioner has produced documents evidencing that the workers attached to the establishment of the petitioner have filed applications seeking registration and the same is pending before the Assistant Labour Officer.