Disposed

M/S Eastern Condiments Pvt.Ltd. v. the Circle Inspector of Police & Ors.

Kerala HC5 Feb 2009WP(C)/3081/2009

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking police protection for loading and unloading activities, allowing the petitioner to use its permanent registered workers while ensuring verification of the muster roll by the Labour officer.

What did the court decide?

The writ petition was disposed of allowing loading and unloading work by registered permanent workers upon verification of the muster roll by the Labour officer.

M/S Eastern Condiments Pvt.Ltd. Vs the Circle… — Pension and Retirement Benefits | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI

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THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930

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WP(C).No. 3081 of 2009(P) ------------------------------------

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PETITIONER(S):

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----------------------

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M/S EASTERN CONDIMENTS PVT.LTD. EASTERN VALLEY, ADIMALY, REPRESENTED BY ITS EXECUTIVE DIRECTOR, M.E.MOHAMED.

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BY ADV. MR .BIJU ABRAHAM

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RESPONDENT(S):

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------------------------

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1. THE CIRCLE INSPECTOR OF POLICE, KOTHAMANGALAM.

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2. THE SUB INSPECTOR OF POLICE, KOTHAMANGALAM.

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3. THE SECRETARY, HEAD LOAD WORKERS UNION (CITU), KOTHAMANGALAM.

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4. THE ASSISTANT LABOUR OFFICER, KOTHAMANGALAM.

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5. CHIEF EXECUTIVE, KERALA HEAD LOAD WORKERS WELFARE BOARD, SRM ROAD, COCHIN-18.

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R3 BY ADV. MR.ALEXANDER JOSEPH BY ADV. MR.RENIL ANTO KANDAMKULATHY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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J.B. Koshy,Ag.C.J. & V. Giri, J.

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W.P.(C) No.3081 of 2009 P ---------------------------------------Dated this the 5^th day of February, 2009

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Judgment

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Koshy, Ag.C.J.

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This is a petition for police protection. Earlier, at the time of construction of the company, petitioner approached this court and Ext.P1 order was passed directing that police protection should be given for loading and unloading activities carried on by the workers registered under the Headload Workers Act. Now, construction work is over and the establishment started functioning. In the godown, only packing and stacking has to be done and there are permanent employees. According to the petitioner, even the loading and unloading works can be carried out by its own regular permanent workers. Those workers have to be registered under the Act and application for registration was already filed. If loading and unloading work is carried out by regular permanent workers in the muster roll of the company whose names are also mentioned in Ext.P5, police should see that their work is not obstructed by any workers or union provided application is filed for registration as own workers. Such application shall be disposed of expeditiously.

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W.P.(C) No.3081/2009

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Loading and unloading work be given to the registered workers. However, this is without prejudice to the right of the union or workers in raising labour disputes. If extra workers are needed, registered workers should be taken for loading and unloading work . The Labour officer can verify the muster roll of the petitioner's establishment. If names mentioned in Ext.P5 are not there in the muster roll from August, 2008 onwards for loading and unloading work, registered workers alone can be employed.

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The writ petition is disposed of accordingly.

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J.B.Koshy Acting Chief Justice

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V. Giri Judge

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vaa

M/S Eastern Condiments Pvt.Ltd. v. the Circle Inspector of Police & Ors.

Case brief

What is this about?

What did the court decide?

M/S Eastern Condiments Pvt.Ltd. v. the Circle Inspector of Police & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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