Disposed

R.Balakrishna Kamath, v. State of Kerala

Kerala HC12 Feb 2020WP(C)/3562/2020

Case brief

AI extract

What is this about?

Petitioner, a proprietor, sought police protection against obstruction by a trade union during loading/unloading operations. The court noted the union area was not covered under the scheme but disposed of the writ petition by ordering police protection for the petitioner's business activities regardless.

What did the court decide?

Police shall accord necessary protection for carrying out loading and unloading works of the petitioner's business.

R.Balakrishna Kamath, Vs State of Kerala — Service and Employment | Kerala HC (2020)

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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 A.MUHAMED MUSTAQUE

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WEDNESDAY, THE 12TH DAY OF FEBRUARY 2020 / 23RD MAGHA, 1941

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WP(C).No.3562 OF 2020(U)

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PETITIONER:

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R.BALAKRISHNA KAMATH, AGED 47 YEARS, PROPRIETOR, M/S.R.BALAKRISHNA KAMATH, SUDARSANA, MANNANKARACHIRA, KAVUMBHAGOM P.O., MUTHOOR, THIRUVALLA - 689 107.

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BY ADV. SRI.SANIL JOSE

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, THIRUVANANTHAPURAM - 695 001.

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2 STATION HOUSE OFFICER, THIRUVALLA POLICE STATION, THIRUVALLA - 689 101.

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3 ASSISTANT LABOUR OFFICER, ASSISTANT LABOUR OFFICE, THIRUVALLA - 689 101.

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4 KERALA HEADLOAD WORKERS WELFARE BOARD, PATHANAMTHITTA - 689 645, REPRESENTED BY ITS DISTRICT OFFICER.

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5 CENTRE FOR INDIAN TRADE UNION (CITU), HEADLOAD WORKERS UNIT, MANNAMKARACHIRA, THIRUVALLA - 689 107, REPRESENTED BY ITS SECRETARY.

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BY ADVS. SRI.PP THAJUDEEN, SR.GP

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SIJU KAMALASANAN, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.3562 OF 2020

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JUDGMENT

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Dated this the 12th day of February 2020

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The petitioner approached this Court for police

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protection. The petitioner is the proprietor of an establishment doing trading in ayurvedic raw materials and pooja items.

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The petitioner's establishment is situated at Mannankarachira, Thiruvalla. He is having permanent employees for doing the work of loading and unloading in his establishment. He is aggrieved by the obstruction being caused

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to him from the 5^th respondent union and its members in loading and unloading activity with his own permanent employees.

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The learned Standing Counsel for the 4^th respondent-Kerala Headload Workers Welfare Board submits that the area of the petitioner's business is not a scheme covered area.

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In such circumstances, the police shall accord necessary protection for carrying out the loading and

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WP(C).No.3562 OF 2020

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unloading works of the petitioner's business, if any obstruction

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being caused to him from the 5^th respondent-Centre for Indian Trade Union and its members.

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The writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE JUDGE

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akv/ 12.2.2020

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WP(C).No.3562 OF 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE PHOTOCOPY OF THE RENEWED REGISTRATION CERTIFICATE NO.SHO30590012496 DATED 3/2/2020 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P2 TRUE PHOTOCOPY OF THE TAX RECEIPT DATED 1/2/2020 ISSUED BY THE VILLAGE OFFICER, KAVUMBHAGOM WITH RESPECT TO THE PETITIONER'S PROPERTY. EXHIBIT P3 TRUE PHOTOCOPY OF THE RECEIPT DATED 1/2/2020 EVIDENCING PAYMENT OF PROPERTY TAX ISSUED BY THE THIRUVALLA MUNICIPALITY. EXHIBIT P4 TRUE PHOTOCOPY OF THE RECEIPT DATED 16/5/2019 EVIDENCING PAYMENT OF LICENSE FEE ISSUED BY THE THIRUVALLA MUNICIPALITY. EXHIBIT P5 TRUE PHOTOCOPY OF THE APPLICATION FOR REGISTRATION DATED 1/2/2020 AS HEADLOAD WORKER SUBMITTED BY HIS EMPLOYEE SRI.NILAKANTA SONOWAL BEFORE THE 3RD RESPONDENT UNDER RULE 26A OF THE KERALA HEADLOAD WORKERS RULES, 1981. EXHIBIT P6 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 4/2/2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P7 TRUE PHOTOCOPY OF RECEIPT DATED 4/2/2020 ISSUED BY THE OFFICE OF THE 2ND RESPONDENT.

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RESPONDENT'S/S EXHIBITS : NIL.

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//TRUE COPY//

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P.A. TO JUDGE

R.Balakrishna Kamath, v. State of Kerala

Case brief

What is this about?

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R.Balakrishna Kamath, v. State of Kerala

Case brief

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