MOHAMMED ANSAR Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) THE petitioner is the proprietor of "M/s. Ansar Traders" doing business in building No.X/711 -A, B, C, F & G. The petitioner has all necessary licenses for conducting business in stationary and provisions. In the course of his business, the petitioner has to undertake some loading and unloading works in the premises of the building. According to the petitioner, as evidenced by Exts.P5 to P5 (f) the petitioner has his own workers registered under the Kerala Head Load Workers Rules. The petitioner alleges that respondents 2 to 5 and their supporters are preventing the petitioner from engaging the petitioner's own registered head load workers for doing loading and unloading works in his premises, demanding work for themselves. The petitioner alleges that although the petitioner sought police help to get loading and unloading work done through his own registered workers, the police did not help him. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs:

(2.) RESPONDENTS 2 to 5 appear through counsel and submits that the petitioner has not even started the business yet, let alone any loading and unloading work. It is submitted that the respondents 2 to 5 or anybody else had no occasion to approach the petitioner claiming loading and unloading work. As such the entire averments in the writ petition are incorrect and has been made with a view to get anticipatory orders from this court, is the contention raised. It is further contended that against the registration granted to the workers of the petitioner, the union espousing the cause of the head load workers of the area has approached the authority under the Kerala Head Load Workers Act, which is pending. In such circumstances, this court should not interfere, is the contention raised by respondents 2 to 5.

(3.) AS long as Exts.P5 to P5 (f) registrations are current, the petitioner cannot be prevented from getting his loading and unloading work done through the registered workers who have obtained such registration. Respondents 2 to 5 or anybody else cannot prevent the petitioner from getting loading and unloading work done through such registered workers, even if the area is covered by the Kerala Head Load Workers (Regulation of Employment and Welfare) Scheme. But that shall not stand in the way of the appropriate authority considering any appeal against Exts.P5 to P5 (f) registrations already granted, if pending. In the above circumstances, this writ petition is disposed of with the following directions: As long as Exts.P5 to P5 (f) are current, as and when the petitioner wants protection for loading and unloading work in the petitioner's premises with workers covered by Exts.P5 to P5 (f) registrations, the 1st respondent shall afford adequate police protection to do the same. But this will not stand in the way of the appropriate authority under the Kerala Head Load Workers Act considering the validity of Exts.P5 to P5 (f) registrations in accordance with law.