Disposed

M/S. Hilux Plywoods v. State of Kerala

Kerala HC6 Jul 2023WP(C)/4166/2023

Case brief

AI extract

What is this about?

This writ petition sought police protection for the petitioner's loading and unloading activities. The court noted that respondents were absent and the area was not covered under the 1983 Scheme. Consequently, the writ petition was disposed of by making the interim directive for police protection absolute until the area is notified under the scheme.

What did the court decide?

The writ petition was disposed of by making the interim order dated 10.02.2023, directing respondents 2 and 3 to provide police protection, absolute.

M/S. Hilux Plywoods Vs State of Kerala — Service and Employment | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

¶4

THURSDAY, THE 6^TH DAY OF JULY 2023 / 15TH ASHADHA, 1945

¶5

WP(C) NO. 4166 OF 2023

¶6

PETITIONER/S:

¶7

M/S. HILUX PLYWOODS
AGED 55 YEARS
BUILDING NO. X/351-A, TRIVENI, METHALA P.O
KEEZHILLAM, PERUMBAVOOR, REPRESENTED BY ITS
PROPRIETOR, MOHAMMED T V. RESIDING AT THELAMPURAM
HOUSE, ALLAPRA P.O, VENGOLA, ERNAKULAM DISTRICT,
PIN - 683545
BY ADV PEEYUS A.KOTTAM

¶8

RESPONDENT/S:

¶9

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANATHAPURAM, PIN - 695001

¶10

2 CIRCLE INSPECTOR OF POLICE KURUPPAMPADY POLICE STATION, KURUPPAMPADY P.O, ERNAKULAM DISTRICT, PIN - 683545

¶11

3 SUB INSPECTOR OF POLICE KURUPPAMPADY POLICE STATION, KURUPPAMPADY P.O, ERNAKULAM DISTRICT, PIN - 683545

¶12

4 KERALA HEADLOAD WORKERS WELFARE BOARD - KHWWB ERNAKULAM DISTRICT COMMITTEE, KUMMANCHERRY BUILDING, FLOWER JUNCTION, T.D.ROAD, ERNAKULAM, REPRESENTED BY ITS CHAIRMAN., PIN - 682035

¶13

5 ASSISTANT LABOUR OFFICER PERUMBAVOOR, MINI CIVIL STATION, POOPPANI ROAD, PERUMBAVOOR, KERALA, PIN - 683543

¶14

6 ERNAKULAM DISTRICT HEADLOAD & GENERAL WORKERS UNION (CITU),

¶15

MUTTATHUMUGAL UNIT, METHALA P.O, PERUMBAVOOR, REPRESENTED BY SECRETARY V.R.SUBASH, PIN - 683545

¶16

7 HEADLOAD WORKERS UNION (AITUC), MUTTATHUMUGAL UNIT, METHALA P.O, PERUMBAVOOR,

¶17

-2-

¶18

W.P.(C). No. 4166 of 2023

¶19

REPRESENTED BY SECRETARY K.NARAYANAN., PIN -
683545

¶20

8 HEADLOAD WORKERS UNION (INTUC) MUTTATHUMUGAL UNIT, METHALA P.O, PERUMBAVOOR,REPRESENTED BY SECRETARY V.P.SALIM., PIN - 683545

¶21

9 BHARATIYA MAZDOOR SANGH (BMS), PERUMBAVOOR MEKHALA SAMIDI, COURT ROAD, PERUMBAVOOR, REPRESENTED BY ITS SECRETARY SRI UNNIKRISHNAN K G., PIN - 683545 BY ADVS. PUBLIC PROSECUTOR K.S.ARUN KUMAR

¶22

OTHER PRESENT:

¶23

SRI. RAJEEV JYOTHISHGEORGE- GP

¶24

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶25

-3-

¶26

W.P.(C). No. 4166 of 2023

¶27

P.V.KUNHIKRISHNAN, J.

¶28

W.P.(C) No. 4166 of 2023

¶29

Dated this the 6^th day of July, 2023

¶30

JUDGMENT

¶31

The above writ petition is filed with following prayers:

¶32

“i) Issue a writ of mandamus or any other appropriate writ, order or direction and thereby command 2^nd and 3^rd respondents to provide adequate and effective police protection to the petitioner's and their permanent employees to do the loading and unloading activities in the factory premises and to provide adequate protection for the smooth movement of the vehicles being used in the factory and conduct of the business in the factory without any manner of threat, hindrance or obstruction from respondents 6 to 9 their men and agents.

¶33

ii) To dispense with filing of the translation of vernacular documents. &

¶34

iii) Grant such other reliefs which are just and necessary for the interest of Justice.” (sic)

¶35

When this writ petition came up for consideration on

¶36

10.02.2023, this Court passed the following order:

¶37

W.P.(C). No. 4166 of 2023

¶38

-4-

¶39

“Admit.

¶40

2. Government Pleader takes notice for respondents 1 to 3 and 5. Standing Counsel takes notice for the 4^th respondent. Issue urgent notice by speed post to respondents 6 to 9.

¶41

3. Government Pleader submits that the application for registration of the petitioners' employees has only been received recently.

¶42

4. Standing Counsel for the 4^th respondent submits that though the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme, 1983, is notified in the area, its operationalisation is under process only.

¶43

In the circumstances, there will be an interim order directing respondents 2 and 3 to give adequate police protection to the petitioners to carry out loading and unloading activities in the manufacturing unit engaging in the workers made mentioned in Exts. P2 to P5.”

¶44

Even though notice is issued to respondents 6 to 9, there is no appearance.

¶45

Today the Standing Counsel appearing for the 4^th

¶46

respondent submitted that the area in question is not a scheme covered area as on today. If that be so, the interim order can be retained and

¶47

the writ petition can be disposed of.

¶48

-5-

¶49

W.P.(C). No. 4166 of 2023

¶50

Therefore, this writ petition is disposed of making the interim order dated 10.02.2023 is absolute, as long as the area is not notified

¶51

as per the Kerala Headload Workers (Regulation of Employment and

¶52

Welfare) Scheme, 1983.

¶53

sd/-

¶54

P.V.KUNHIKRISHNAN

JUDGE

das

-6-

W.P.(C). No. 4166 of 2023

¶59

APPENDIX OF WP(C) 4166/2023

¶60

`PETITIO` `Exhibit`	`NER EX` `P1`	`HIBITS` `THE TRUE COPY OF` `ASSAMANNUR GRAMA` `FOR STARTING A NE` `PLYWOOD`	`THE LICENCE ISSUED BY THE` `PANCHAYAT DATED 21.01.2023` `W INDUSTRY NAMED HILUX`
`Exhibit`	`P2`	`TRUE COPY OF THE` `387709 SUBMITTED` `AJMAL E.A, BEFORE` `OFFICER PERUMBAVO`	`ONLINE APPLICATION NO.` `BY PETITIONER'S EMPLOYEE` `THE ASSISTANT LABOUR` `OR DATED 13.01.2023`
`Exhibit`	`P3`	`TRUE COPY OF THE` `387720 SUBMITTED` `NAMED MUHAMMED AS` `ASSISTANT LABOUR` `13.01.2023`	`ONLINE APPLICATION NO.` `BY PETITIONER'S EMPLOYEE` `LAM T.M, BEFORE THE` `OFFICER PERUMBAVOOR DATED`
`Exhibit`	`P4`	`TRUE COPY OF THE` `387718 SUBMITTED` `NAMED SAMURATH SA` `LABOUR OFFICER PE`	`ONLINE APPLICATION NO.` `BY PETITIONER'S EMPLOYEE` `LIM, BEFORE THE ASSISTANT` `RUMBAVOOR DATED 13.01.2023`
`Exhibit`	`P5`	`TRUE COPY OF THE` `387712 SUBMITTED` `NAMED TAPAN GOGOI` `LABOUR OFFICER PE`	`ONLINE APPLICATION NO.` `BY PETITIONER'S EMPLOYEE` `, BEFORE THE ASSISTANT` `RUMBAVOOR DATED 13.01.2023`
`Exhibit`	`P6`	`TRUE COPY OF THE` `387722 SUBMITTED` `NAMED DHAN GOGOI` `LABOUR OFFICER PE`	`ONLINE APPLICATION NO.` `BY PETITIONER'S EMPLOYEE` `BEFORE THE ASSISTANT` `RUMBAVOOR DATED 13.01.2023`
`Exhibit`	`P7`	`THE TRUE COPY OF` `RESPONDENT DATED`	`THE NOTICE ISSUED BY 9TH` `31.01.2023`
`Exhibit`	`P8`	`THE TRUE COPY OF` `SUBMITTED BY THE` `04.02.2023 BEFORE` `STATION SEEKING P`	`THE REPRESENTATION` `PETITIONER DATED` `THE KURUPPAMPADY POLICE` `OLICE PROTECTION`
`Exhibit`	`P9`	`THE TRUE COPY OF` `TOWARDS THE RECEI` `DATED 04.02,2023` `POLICE STATION`	`THE ACKNOWLEDGEMENT CARD` `PT OF THE REPRESENTATION` `ISSUED BY THE KURUPPUMPADY`
`Exhibit`	`P10`	`THE TRUE COPY OF` `HON'BLE COURT IN` `24.06.2021`	`THE JUDGMENT OF THIS` `W.P.(C) 10984/2021 DATED`

M/S. Hilux Plywoods v. State of Kerala

Case brief

What is this about?

What did the court decide?

M/S. Hilux Plywoods v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mrs. Padmaja Nair Vs 1. the Commissioner of Police

Suresh Kumar Vs State of Kerala

Shibin K Vs State of Kerala

Nazeema A.M Vs Kochi Metro Rail Limited

Beena Vs State of Kerala

Meera P.J Vs the State of Kerala