R.K.VENTURES Vs. DIST. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The Appellant, the Original Petitioner before us, is a partnership firm which has entered into an agreement for logistic works with Respondent No. 9, which is in the business of installing Mobile Transmission Towers.

(2.) The nature of the work undertaken by the Appellant includes storage and transportation of electronic panels, and electronic goods and equipment, diesel generators, steel items and allied equipment used for the installation of the transmission towers. According to the Appellant, these are delicate and sophisticated goods. The Appellant has a warehouse at Malayidamthuruth, where the items are unloaded for storage and thereafter transported to the required project sites. According to the Appellant, the loading and unloading of the items is required to be handled carefully.

(3.) The Kerala Headload Workers (Regulation of Employment and Welfare) Scheme, 1983 (Scheme 1983, for short) has been made applicable to the area where the warehouse is situated. It is the case of the Appellant that when the goods transported by Respondent No. 9 reached the warehouse, the headload workers of Respondent Nos. 5 and 6 Unions created disturbance, which led to the Appellant filing a complaint before the District Superintendent of Police, Ernakulam (Rural), Respondent No. 1, for police protection. Appellant contends that since no steps were taken and the disturbance continued, it was required to file W.P.(C) No. 4739 of 2024, which has been disposed of by the learned Single Judge, by judgment dtd. 9/9/2024, directing the authorities under the Act 20 of 1980, Respondent No.8, to decide the dispute between the Petitioner and the Unions, in accordance with the procedure prescribed under Sec. 21 of the Act 20 of 1980. Being aggrieved by the judgment, the Appellant, the Original Petitioner, is before us.