Disposed

M/S. Alpha Trade Links v. Sub Inspector of Police

Kerala HC12 Feb 2016WP(C)/1487/2016

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking police protection. It directed that protection be provided if the petitioner carries out work personally, but the petitioner must engage head load workers Union members if any such work is required to be done.

What did the court decide?

Direction that police provide adequate protection if petitioner carries work himself; petitioner must engage union head load workers if such work is required.

M/S. Alpha Trade Links Vs Sub Inspector of… — Labour and Industrial Disputes | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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FRIDAY, THE 12TH DAY OF FEBRUARY 2016/23RD MAGHA, 1937

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WP(C).No. 1487 of 2016 (I)

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PETITIONER(S) :

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M/S.ALPHA TRADE LINKS, X/1, U.C COLLEGE P.O, ALUVA 683 102, REPRESENTED BY ITS MANAGING PARTNER.

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BY ADVS.SRI.P.A.AUGUSTIAN

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SRI.M.A.BABY

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RESPONDENT(S) :

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1. SUB INSPECTOR OF POLICE, BINANI PURAM , EDAYAR, ALUVA, ERNAKULAM DISTRICT 683 102 [CORRECTED].

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THE ADDRESS OF THE 1ST RESPONDENT IS CORRECTED AS

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1. THE SUB INSPECTOR OF POLICE, ALUVA, ERNAKULAM DISTRICT - 683 101.

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*** AS PER ORDER DATED 03.02.2016 IN I.A.NO.1236 OF 2016.**

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2. THE CIRCLE INSPECTOR OF PO LICE ALUVA, ERNAKULAM 683 102.

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3. THE ASSISTANT LABOUR OFFICER, NORTH PARAVOOR, ERNAKULAM 683 513.

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4. SHRI KARIM, UNION LEADER, THE HEAD LOAD WORKERS UNION(INTUC), U.C COLLEGE P.O., ALUVA 683 102.

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5. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, THIRUVANANTHAPURAM 695 001.

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..2/-

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..2..

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WP(C).No. 1487 of 2016 (I)

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& ADDITIONAL R6 IMPLEADED

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6. KERALA HEADLOAD WORKERS WELFARE BOARD, S.R.M.ROAD, ERNAKULAM NORTH, KOCHI - 18, REPRESENTED BY ITS CHAIRMAN.

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& ADDITIONAL R6 IS IMPLEADED AS PER ORDER DATED 03.02.2016 IN I.A.NO.1301 OF 2016.

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R1 TO R3 & R5 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR ADDL.R6 BY ADV. SRI.C.S. AJITH PRAKASH, S.C

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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WP(C).No. 1487 of 2016 (I)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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EXHIBIT P1: TRUE COPY OF THE KVAT REGISTRATION CERTIFICATE WITH PRESENT VALIDATION.

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EXHIBIT P2: TRUE COPY OF THE CASUALTY OUTPATIENT NO.16485 DATED 26/11/2015 WITH ENGLISH TRANSLATION.

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EXHIBIT P3: TRUE COPY OF THE POLICE COMPLAINT DATED 26/11/2015 WITH ENGLISH TRANSLATION.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.A.TO JUDGE.

Msd.

**ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J. * * * * * * * * * * * * *** W.P.C.No.1487 of 2016

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Dated this the 12^th day of February 2016

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J U D G M E N T

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Ashok Bhushan, CJ

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Heard learned counsel for the petitioner, the learned Government Pleader and the learned Standing Counsel appearing for the additional 6^th respondent. No notice is being issued to the 4^th respondent in view of the judgment being passed today.

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Petitioner, who claims to be engaged in trading of grease and other lubricants, has come up in the writ petition seeking police protection. Petitioner's case is that he does not intend to engage the head load workers and wants to carry on work by himself. It is submitted that police is not providing adequate protection to the petitioner.

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Learned counsel appearing for the additional 6^th respondent submits that the area is a scheme covered area and in the event any worker is engaged for loading and unloading, the petitioner has to unnecessarily engage head load workers.

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Learned counsel for the petitioner submits that, in the event if he feels it necessary to engage any worker for the purpose of

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W.P.C.No.1487/2016

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loading and unloading, he shall engage head load workers. It is submitted that, for carrying out work by himself, police authorities may be directed to provide proper protection.

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Considering the submission of the learned counsel for the parties, we dispose of the writ petition with the following directions:

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i) In the event the Managing Partner of the petitioner himself carries on loading and unloading work, police shall provide adequate protection.

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ii) As and when any head load work is required to be given to any head load workers, petitioner shall engage the head load workers of the concerned place.

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With these observations, this writ petition is disposed of.

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(sd/-)

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(ASHOK BHUSHAN, CHIEF JUSTICE)

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(sd/-)

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(A.M.SHAFFIQUE, JUDGE)

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True Copy

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PA to Judge

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jsr/12/02/16

M/S. Alpha Trade Links v. Sub Inspector of Police

Case brief

What is this about?

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M/S. Alpha Trade Links v. Sub Inspector of Police

Case brief

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