RAGHAVAN Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The above Original Petitions are referred for consideration of a Bench of three Judges as per reference order dated. 7.1.1997 which reads as follows:

(2.) After hearing both sides, we are given to understand that the reference was necessitated in the light of a different view expressed by a Bench of this Court in Sathyan S. v. Sunila Sudhakaran and Others, ILR 1997 (1) Kerala 549 in the matter of grant of police protection when a dispute arises regarding engagement of headload workers. Even though the Division Bench dismissed the appeal against the judgment of a learned single Judge granted police protection to an employer when a dispute arose regarding unloading of goods in his business premises, certain observations were made in the judgment to the effect that all such disputes should be resolved within the machinery provided under the Kerala Headload Workers Act, 1978 and no order for police protection shall be granted. Counsel appearing on both sides submitted before us that the above view is in conflict with the consistent view expressed by this Court in a series of decisions from 1989 onwards.

(3.) We heard learned Advocate General also. He submitted that certain aspects of the provisions of the Kerala Headload Workers Act, 1978 which had not come up for direct consideration in the earlier judgments, are also to be clarified, since the entire matter is being considered by a Larger Bench.