IBRAHIMKUTTY Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The learned single Judge has declined to grant police protection to enable the appellant to get the work of loading and unloading done by engaging labourers of his choice. Respondents 4 and 5 are the two unions of workers. So far as the fourth respondent is concerned, their counsel told us that the members of their union are not, in any manner, interested in causing obstruction to the appellant in getting the work of loading and unloading done by engaging labourers at the choice of the appellant. We record that statement. In view of the stand taken by the fourth respondent, the question of granting any police protection in favour of the appellant as against the fourth respondent does not arise.

(2.) So far as the fifth respondent is concerned, their counsel submitted that the members of their union have a right to claim the work of loading and unloading and that therefore the appellant has no right to get the work done with the help of other labourers. In other words, the stand taken by the fifth respondent makes it abundantly dear that the members of the fifth respondent union are causing obstruction to the appellant in the matter of engaging labourers of his choice in getting the work of loading and unloading done. It is in this background that the question as to whether police protection should be afforded to the appellant or not was required to be examined.

(3.) What the learned single Judge has said in Para.5 of the judgment is that in the light of the objections raised by the fifth respondent union, the appellant cannot be given police protection to carry out the loading work to the detriment of the members of the fifth respondent union. After taking this view, the learned single Judge has proceeded to issue certain directions to the Assistant Labour Officer concerned to initiate conciliation proceedings as per S.21 of the Headload Workers Act. A decision is required to be taken under S.21(4) of the Act within a period of one month. It is the said judgment that is challenged in this appeal.