LAWS(KER)-2011-7-200

SWASRAYA KARSHAKA SAMITHY Vs. SUPERINTENDENT OF POLICE

Decided On July 22, 2011
SWASRAYA KARSHAKA SAMITHY Appellant
V/S
SUPERINTENDENT OF POLICE Respondents

JUDGEMENT

(1.) THIS writ petition under Article 226 is instituted by the Swasraya Karshaka Samithy, which claims to be a registered association of agriculturists conducting group farming as well as sale of agricultural produces such as vegetables, fruits, manure, etc, seeking direction for police protection from respondents 5 and 6. It is alleged that respondents 5 and 6, who are leaders of trade union of headload workers, are obstructing the loading and unloading of agricultural produces, manure and other materials inside the compound of the samithy where such produces, manure lime shells and other materials are brought by the petitioner samithy for distribution amongst the agriculturists who are its members. The Headload Workers Welfare Fund Board was impleaded as additional 7th respondent.

(2.) SRI.Koshy George, learned standing counsel for the additional 7th respondent submitted that the headload workers Regulation and Welfare Fund scheme is yet to be implemented in the area in question, though it is true that the members of unions led by respondents 5 and 6 are registered under Rule 26A.

(3.) SRI.Siju Kamalasanan, learned counsel for the petitioner on the basis of the reply affidavit submitted that the apprehensions voiced by the unions are not at all real. The petitioner samithy has only started construction of the godown. The learned counsel requested that it will suffice if this court records the undertaking given by the respondents 5 and 6 that they will not obstruct the loading and unloading of vegetables and fruits into the samithy's compound.