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ZACHARIA SEBASTIAN, AGED 65 YEARS versus THE SUB INSPECTOR OF POLICE, OLLUR

High Court of Kerala

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ZACHARIA SEBASTIAN, AGED 65 YEARS v. THE SUB INSPECTOR OF POLICE, OLLUR - WP(C) No. 5925 of 2007(E) [2007] RD-KL 5508 (15 March 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 5925 of 2007(E)

1. ZACHARIA SEBASTIAN, AGED 65 YEARS,
... Petitioner

Vs

1. THE SUB INSPECTOR OF POLICE, OLLUR
... Respondent

2. LOADING AND UNLOADING THOZHILALI

3. THE ASSISTANT LABOUR OFFICER, THRISSUR,

For Petitioner :SRI.RAJIT

For Respondent :SRI.K.A.ABRAHAM

The Hon'ble MR. Justice J.B.KOSHY The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

Dated :15/03/2007

O R D E R

J.B.KOSHY & T.R.RAMACHANDRAN NAIR, JJ.

W.P.(C)No.5925 OF 2007 Dated 15th March, 2007

JUDGMENT

Koshy,J

. This is a petition for police protection. According to the petitioner, members of the second respondent union are obstructing the smooth running of his establishment. It is also stated that loading and unloading of the raw materials and finished products are carried on by the permanent workers of the petitioner and since they can handle the loading and unloading work, outsiders need not be allowed to do the work.

2. Second respondent filed a detailed counter affidavit stating that there is an agreement (Ext.R2(a)) in the area in question wherein rates are fixed, that loading and unloading works are carried out by the registered workers in the local area at the rates prescribed in the above agreement and that this petition for police protection is filed only to take away the rights of the existing head load workers. Learned counsel for the petitioner submitted that if heavy vehicles are coming, loading and unloading work can be carried out by the workers of the second respondent union. But, sometimes the goods are coming in small vehicles like W.P.(C)NO.5925/2007 2 goods autorickshaw etc. In that case, workers in the establishment themselves can carry out the work. It is also submitted that if goods autorickshaw and other small vehicles are coming, it will be very difficult to get registered loading and unloading workers. In the above circumstances, if registered headload workers are not willing to do the work, the loading and unloading work in the goods autorickshaw or small vehicles can be done by the permanent workers of petitioner whose names are mentioned in the petition and police shall give adequate protection. If registered workers are willing, it should be done by the registered head load workers in the area. Even if vehicles are small, the rates fixed in Ext.R2(a) are applicable and hence petitioner will not be prejudiced. Police is directed to see that law and order is maintained and above observations are complied with. If there is any further disputes, parties have to approach the labour authorities. The writ petition is disposed of accordingly. J.B.KOSHY

JUDGE

T.R.RAMACHANDRAN NAIR

JUDGE

tks


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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