Vadakkal Warehouses vs The Superintendent of Police and Others

R. Basant, J.—Petitioner has come to this Court seeking issue of directions under Article 226 of the Constitution of India to Respondents 1 to 3 to afford police protection to the Petitioner against illegal, violent and culpable obstruction of work of loading and unloading in the Petitioner''s establishment emanating from Respondents 4 and 5.

According to the Petitioner, the Petitioner is a partnership establishment. There is loading and unloading work in the establishment. The Petitioner had submitted applications for registration of attached workers. Exts. P1 to P4 are the applications submitted. The Petitioner is entitled to get the work done through employees of his own. The area is a scheme covered area. Respondents 4 and 5 are causing illegal obstructions to the work being carried out by such workmen appointed by the Petitioner. In these circumstances, directions were claimed.

Respondents 4 and 5 have entered appearance. According to them, the area being a scheme covered area, Respondents 4 and 5 are entitled to get the work in the Petitioner''s establishment allotted to them.

The learned Counsel for the Petitioner now submits that after the filing of this petition, Exts. P1 to P4 applications have been considered by the Assistant Labour Officer, North Paravur and 3 of those 4 applications have been allowed. 3 workmen have been registered as attached permanent workmen of the Petitioner. The Petitioner is, in these circumstances, entitled to get the work of loading and unloading in his establishment performed by the said 3 registered workmen.

Today when the matter came up for hearing, there is no representation for Respondents 4 and 5. The learned Government Pleader accepts that the 3 workmen shown in Exts. P6 to P8 have been registered as attached workmen of the Petitioner.

We are satisfied, in these circumstances, that the prayer in this petition can be allowed.

In the result:

a) This Writ Petition is allowed;

b) Respondents 1 to 3 are directed to afford police protection to the Petitioner to get the work of loading and unloading in his establishment done by the 3 registered attached workers of the Petitioner''s establishment, whose identity cards are produced as Exts. P6 to P8.

It is made clear that the Petitioner shall be entitled to get the work done only by the said 3 registered workmen.