Disposed

M/S.Freeze Fast Technoligies v. the State of Kerala

Kerala HC22 Oct 2019WP(C)/8694/2018

Case brief

AI extract

What is this about?

The Court disposed of the writ petition by making the interim order dated 26.03.2018 absolute. It clarified that the first petitioner will be entitled to carry out loading and unloading work in the premises only through their registered workers, addressing objections raised by the fifth respondent.

What did the court decide?

The interim order dated 26.03.2018 was made absolute, clarifying the petitioner's entitlement to loading/unloading work through registered workers.

M/S.Freeze Fast Technoligies Vs the State of… — Labour and Industrial Disputes | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

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TUESDAY, THE 22ND DAY OF OCTOBER 2019 / 30TH ASWINA, 1941

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WP(C).No.8694 OF 2018(J)

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PETITIONER/S:

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1 M/S.FREEZE FAST TECHNOLIGIES A PARTNERSHIP FIRM HAVING ITS OFFICE AT 33/2766 B,KANNETH LANE, AKG VAYANA SALA CROSS ROAD, CHAKKARAPARAMBU, COCHIN-682032,REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE HASHIM B.,AGED 42, S/O.LATE SRI.BASHEER.

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2 MS.WUDAPPLE IMPEX AND TRADES PVT. LTD. A COMPANY INCORPORATED UNDER THE COMPANIES ACT, HAVING ITS OFFICE AT 33/2766 B,KANNETH LANE, AKG VAYANA SALA CROSS ROAD,CHAKKARAPARAMBU, COCHIN682032,REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE HASHIM B.,AGED 42, S/O.LATE SRI.BASHEER. [DELETED] [P2 DELETED AS PER ORDER DATED 26/03/2018].

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BY ADVS. SRI.S.SREEKUMAR (SR.) SRI.R.GITHESH SRI.P.MARTIN JOSE SRI.MANJUNATH MENON SRI.PRASUN.S SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 THE CITY POLICE COMMISSIONER, ERNAKULAM OFFICE OF THE CITY POLICE COMMISSIONER, REVENUE TOWER, PARK AVENUE, ERNAKULAM-682011.

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3 THE ASSISTANT COMMISSIONER OF POLICE COCHIN CITY, CENTRAL POLICE STATION, ERNAKULAM682030.

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4 THE SUB INSPECTOR OF POLICE, PALARIVATTOM POLICE STATION, ERNAKULAM.

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WP(C).No.8694 OF 2018(J)

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5 SRI.AJAYAN POOL SECRETARY, CITU, VYTTILA.

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6 THE ASSISTANT LABOUR OFFICER CIRCLE-1, KAKKANAD, ERNAKULAM.

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IS IMPLEADED AS PER ORDER DATED 2/4/18 IN IA 5197/18

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R1 TO R4 & R6 BY ADV. SRI.P.P.THAJUDEEN, GOVERNMENT PLEADER

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R5 BY ADV. SRI.K.JANARDHANA SHENOY

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.8694 OF 2018(J)

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W.P.(C) No.8694 of 2018

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J U D G M E N T

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The first petitioner seeks police protection to do the work of handling the machinery parts, computer parts, fancy items etc. in their work premises referred to in the writ petition.

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2 . The establishment of the first petitioner is located is

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an area to which the functional operation of the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme 1983 is extended.

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3 . In the circumstances, on 26.03.2018, this Court

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passed the following interim order:

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“Since the Senior Counsel for the petitioners submits that the relief is confined to the first petitioner, the second petitioner stands deleted. The learned Government Pleader takes notices for respondents 1 to 4. Notice to the fifth respondent by special messenger. Since the petitioner has registered workers, it is directed that if any obstruction is caused by the fifth respondent to the business of the petitioner claiming loading and unloading work, it shall be averted by the police.

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Post on 02.04.2018.”

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No circumstances warranting variation of the said interim order are

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WP(C).No.8694 OF 2018(J)

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made out by the fifth respondent. The writ petition is, therefore, disposed of making the interim order dated 26.03.2018 absolute and clarifying that the first petitioner will be entitled to carry out the loading and unloading work in the premises only through their registered workers.

Sd/-

P.B.SURESH KUMAR

JUDGE

WP(C).No.8694 OF 2018(J)

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXHIBIT P1	TRUE COPY OF PARTNERSHIP DEED DATED 22.04.2003 OF THE 1ST PETITIONER.
EXHIBIT P2	TRUE COPY OF MEMORANDUM OF ASSOCIATION AND ARTICLES OF ASSOCIATION OF THE 2ND PETITIONER COMPANY.
EXHIBIT P3	TRUE COPY OF CERTIFICATE OF INCORPORATION OF THE 2ND PETITIONER COMPANY.
EXHIBIT P4	TRUE COPY OF ORDINANCE DATED 20.10.2017 ISSUED BY THE GOVERNMENT.
EXHIBIT P5	TRUE COPY OF PETITION DATED 24.02.2018 SUBMITTED BY THE PETITIONERS BEFORE THE 4TH RESPONDENT.
EXHIBIT P5(A)	TRUE COPY OF ACKNOWLEDGMENT DATED 24.02.2018 FOR RECEIPT OF EXHIBIT P5.
EXHIBIT P6	TRUE COPY OF PETITION DATED 09.03.2018 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P6(A)	TRUE COPY OF ACKNOWLEDGMENT DATED 09.03.2018 FOR RECEIPT OF EXHIBIT P6 BY THE 3RD RESPONDENT.
EXHIBIT P6(B)	TRUE COPY OF ACKNOWLEDGMENT DATED 09.03.2018 FOR RECEIPT OF EXHIBIT P6 BY THE 2ND RESPONDENT.

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//TRUE COPY// PA TO JUDGE

M/S.Freeze Fast Technoligies v. the State of Kerala

Case brief

What is this about?

What did the court decide?

M/S.Freeze Fast Technoligies v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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