HASHIM Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) Petitioner is a headload worker and holds Rule 26A(3) identity card issued under the Kerala Headload Workers Rules. The petitioner states that he was doing headload works connected with loading and cutting rubber trees. When the petitioner resigned from the 4th respondent- Trade Union and joined the 5th respondent-Union, the members of the 4th respondent are not permitting the petitioner to do headload and associated works stating that they have submitted a complaint to the 3rd respondent-ALO to cancel the registration of the petitioner.

(2.) As the obstruction continued, the petitioner requested respondents 1 to 3 to give police protection in order to engage in his avocation peacefully. Respondents 1 to 3 did not give any protection. The 3rd respondent-ALO conducted a conciliation meeting on 14/5/2025. Before the ALO, the 3rd respondent stated that they have given an application to cancel the registration of the petitioner.

(3.) The petitioner has every right to work as a headload worker as long as he has a subsisting registration. Change of membership of a trade union cannot affect registration of a headload worker or his right to do headload work. The petitioner is therefore entitled to police protection.