Disposed

Top Most Enterprises Pvt.Ltd. v. the Sub Inspector of Police

Kerala HC24 Jan 2020WP(C)/583/2020

Case brief

AI extract

What is this about?

The petitioner filed a writ petition seeking police protection for its establishment due to union interference. The interim order directing police protection was made absolute. The court disposed of the writ petition on the interim order stood absolute, noting the area was not under the scheme coverage.

What did the court decide?

Interim order directing police protection was made absolute; the case disposed of.

Top Most Enterprises Pvt.Ltd. Vs the Sub Inspector of… — 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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FRIDAY, THE 24TH DAY OF JANUARY 2020 / 4TH MAGHA, 1941

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WP(C).No.583 OF 2020(W)

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PETITIONER:

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TOP MOST ENTERPRISES PVT.LTD., HAVING ITS OFFICE AT BUILDING NO.X/215/2, VEDIMARA JUNCTION, NORTH PARAVOOR, PIN-683 520, REPRESENTED BY ITS DIRECTOR, ALTHAF MOHAMMED, S/O. ABDUL JABBAR, AGED 39 YEARS, THAREPARAMPIL HOUSE, (MANAPADATH) MANJALI, MAVINCHUVAD, MANNAM P.O., N.PARAVOOR, ERNAKULAM DISTRICT, PIN-683 520.

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BY ADVS. SRI.K.A.HAZAN SRI.V.J.JAMES SMT.M.M.FATHIMA JALEENA

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RESPONDENTS:

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1 THE SUB INSPECTOR OF POLICE N.PARAVOOR, PIN-683 513.

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2 THE DY. SUPERINTENDENT OF POLICE ALUVA, PIN-683 101.

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3 THE CHAIRMAN KERALA HEAD LOAD WORKERS WELFARE BOARD, SUB COMMITTEE, N.PARAVOOR, PIN-683 513.

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4 V.C.PATHROSE, PRESIDENT, INDIAN NATIONAL TRDE UNION CONGRESS, PARAVOOR NIYOJAKAMANDALAM COMMITTEE, N.PARAVOOR, PIN-683 513.

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WP(C).No.583 OF 2020(W)

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..2..

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5 K.K.ABDULLA, PRESIDENT, HEAD LOAD AND GENERAL WORKERS FEDERATION (SWATHANDRA THOZHILALI UNION) VEDIMARA UNIT, MANNAM P.O., PIN-683 520.

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6 JOBY, SECRETARY, ERNAKULAM DISTRICT HEAD LOAD AND GENERAL WORKERS UNION (CENTRE OF INDIAN TRADE UNION) N.PARAVOOR, 683 520.

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7 P.B.SHAMJAD, MEKALA SECRETARY, SOCIAL DEMOCRATIC TRADE UNION, REG. NO.12/5-2013 PARAVOOR MEKALA, N.PARAVOOR P.O., PIN-683 513.

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8 SHYAM MEHALA, PRESIDENT, HEAD LOAD AND GENERAL MAZDOOR SANGH (BMS), N.PARAVOOR MEKHALA, N.PARAVOOR, PIN-683 513.

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9 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM, PIN-695 001.

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R3 BY SRI.S.KRISHNA MOORTHY, SC, KHWWB

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SRGP PP THAJUDEEN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.583 OF 2020(W)

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JUDGMENT

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Dated this the 24th day of January 2020

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The petitioner approached this Court for police protection.

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This Court on 10.01.2020 passed following interim order:

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“Urgent notice by special messenger to the respondents 4 to 8. The learned Standing Counsel takes notice for the third respondent. The learned Government Pleader takes notice for the 1^st , 2^nd and 9^th respondents.

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In the light of the assertion that the area where the petitioner's establishment is operating, is not a scheme covered area, the 1^st and 2^nd respondents are directed to provide adequate police protection to the petitioner's establishment for loading and unloading in building No.7/380-B at Mannam Kavala, N.Paravur with his own employees. The police shall ensure that no obstruction is caused to the petitioner while engaging his own employees for loading and unloading at the hands of the respondents 4 to 8 or their associates.”

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2. The learned counsel for the Board submitted that the

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area where the petitioner's establishment is situated is not a

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scheme covered area under the Kerala Head Load Workers Act.

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Party respondents had not chosen to appear in the matter.

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In the light of above, making interim order as absolute,

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WP(C).No.583 OF 2020(W)

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..4..

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this writ petition is disposed of.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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PR/24.01.2020

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WP(C).No.583 OF 2020(W)

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..5..

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OBTAINED FROM THE ASST. LABOUR OFFICER, N.PARAVOOR NO.SH070780080164 DATED 27.11.2019.

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EXHIBIT P2 TRUE COPY OF THE AGREEMENT DATED 10.12.2019 SIGNED BY THE PETITIONER WITH M/S. PRISM JOHNSON LIMITED, MUMBAI.

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EXHIBIT P3 TRUE COPY OF THE IDENTITY CARD NO.HL070780020031 DATED 20.11.2019 ISSUED TO MD ABU HANIFA.

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EXHIBIT P4 TRUE COPY OF THE IDENTITY CARD NO.HL070780020032 DATED 20.11.2019 ISSUED TO JIABUR RAHMAN.

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EXHIBIT P5 TRUE COPY OF THE IDENTITY CARD NO.HL070780020036 DATED 20.11.2019 ISSUED TO MD MUKLIS UDDIN.

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EXHIBIT P6 TRUE COPY OF THE IDENTITY CARD NO.HL070780020038 DATED 20.11.2019 ISSUED TO SOFIQUL ISLAM.

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EXHIBIT P7 TRUE COPIES OF E-PEHCHAN CARDS NO.4708536042 DATED 27.11.2019 ISSUED TO MAD ABU HANIFA.

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EXHIBIT P8 TRUE COPIES OF E-PEHCHAN CARD NO.4708537492 DATED 29.11.2019 ISSUED TO JIABUR RAHMAN.

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EXHIBIT P9

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TRUE COPY OF E-PEHCHAN CARD NO.4708537501 DATED 29.11.2019 ISSUED TO MD. MUKLIS UDDIN.

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WP(C).No.583 OF 2020(W)

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..6..

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EXHIBIT P10 TRUE COPY OF E-PEHCHAN CARD NO.4708536075 DATED 27.11.2019 ISSUED TO SRI. SOFIQUL ISLAM.

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EXHIBIT P11 TRUE COPY OF THE EMPLOYMENT-CUM WAGES REGISTER IN FORM V FOR THE WEEK ENDING ON 4.1.2020. EXHIBIT P12 TRUE COPY OF THE WAGES SLIPS IN VI ISSUED TO ONE OF THE WORKERS, MD ABU HANIFA FOR THE WEEK ENDED ON 4.1.2020. EXHIBIT P13 TRUE COPY OF THE COMPLAINT DATED 7.1.2020 LODGED BY THE PETITIONER BEFORE THE SUB INSPECTOR OF POLICE, N.PARAVOOR, IST RESPONDENT, ALONG WITH THE RECEIPT RECEIVED FROM THE OFFICE OF THE IST RESPONDENT.

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EXHIBIT P14 TRUE COPY OF THE RECEIPT OBTAINED FROM THE POST OFFICE, MANNAM.

Top Most Enterprises Pvt.Ltd. v. the Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

Top Most Enterprises Pvt.Ltd. v. the Sub Inspector of Police

Case brief

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What did the court decide?

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