Petitioner, a registered headload worker, sought protection from respondents after expulsion from a union. Court examined submissions finding no interdicting obstruction by respondents.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 16TH DAY OF SEPTEMBER 2020 / 25TH BHADRA, 1942
WP(C).No.11489 OF 2020(I)
PETITIONER:
JOBY T.J, THOTTIYAN HOUSE, PONNAMPIYOLI, KORMALA, KUTTICHIRA P.O., CHALAKKUDY 680 724, THRISSUR DISTRICT.
BY ADVS. SRI.A.JAYASANKAR
SRI.MANU GOVIND
RESPONDENTS:
1 THE DISTRICT POLICE CHIEF, THRISSUR, AYYANTHOLE P.O.- 680 003.
REPRESENTED BY ITS SECRETARY K.D.ANTU.
R4-5 BY ADV. SRI.RAPHAEL THEKKAN
SRI BIMAL K NATH, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner is a worker registered under the Kerala Headload Workers Act, 1978 and is holding a card issued under Rule 26A of the Headload Workers Rules. He states that for frivolous reasons, the petitioner was expelled from the 4th respondent Union. He was then prevented from engaging in loading and unloading work. Left with no alternative, he approached the 3rd respondent, who is the authority appointed under the Act for settlement of disputes, and filed a complaint under Section 21 of the Headload Workers Act. His grievance is that no action was taken. When obstructions and threats were raised by the 4th respondent and he was denied of his rights to carry out the loading and unloading works, he has approached this Court with this writ petition seeking a direction to the 2nd respondent to afford him adequate protection for performing his headload work without any obstruction, threat or force by respondents 4 and 5 and for incidental reliefs.
order as prayed for.
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Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
IAP
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE IDENTITY CARD NO.08/08/11528/2000 ISSUED BY THE LABOUR DEPARTMENT. EXHIBIT P2 TRUE COPY OF THE DECISION DATED 2.9.2019 OF THE 4TH RESPONDENT. EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 9.10.2019 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 6.9.2019 BEFORE THE 2ND RESPONDENT ALONG WITH ITS RETYPED COPY. EXHIBIT P5 TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT. EXHIBIT P6 TRUE COPY OF THE COMPLAINT DATED 27.5.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P7 TRUE COPY OF THE RECEIPT ISSUED FROM THE 2ND RESPONDENT'S OFFICE.
RESPONDENTS EXHIBITS:NIL
1 issue framed by the court
Whether a writ petition for protection in performing headload work should be disposed of after finding no obstruction exists.
Joby T.J
The District Police Chief, Thirssur
The Station House Officer Vellikulangara, Thirssur
The District Labour Officer, Thirssur
Headload and General Workers Union (CITU) Ponnampiyoli
General Workers Union (Intuc) Ponnampiyoli
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
