Manjula Chellur,CJ
Petitioner is before this Court seeking police protection against the high handedness of 4th respondent and other members. Admittedly, petitioner was appointed as a contractor for construction of IT Building Cyber Park, Kozhikode by Co- developer M/s.Cyber Park, Kozhikode.
2. According to petitioner, 4th respondent, claiming to be Convener of the Union and other members who were doing head load work in the said area, are demanding work from the petitioner. It is admitted by 3rd respondent Board that the area is not a scheme covered area. 4th respondent’s counsel submits, a dispute is raised before the District Labour Officer and the matter is coming up on 13.06.2014 for hearing. Even if 4th respondent were to have any subsisting right to claim head load W.P.(C) No.14406 of 2014
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work in the said area, ultimately the said right cannot be treated as a weapon to create law and order problem for the petitioner. Petitioner being a contractor in the State owned Company (5th respondent), it is the duty of the 5th respondent to see that the work is carried down smoothly. However, we note that already a complaint is lodged by the 5th respondent as per Ext.P2.
3. In the light of the above observations, if at all 4th respondent and other members are entitled for work, they can be compensated in terms of money, if the District Labour Officer ultimately opines that they are entitled for work. Meanwhile, the work carried on by the petitioner cannot be obstructed by taking law into the hands of 4th respondent, who is a member of the Union. Their right cannot lead to any destruction of property or obstruction to the law and order situation.
4. In the light of above circumstances, we direct respondents 1 and 2 to afford adequate and proper police W.P.(C) No.14406 of 2014
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protection to the petitioner to carry on the work. This writ petition is disposed of accordingly.
MANJULA CHELLUR, CHIEF JUSTICE
P.R.RAMACHANDRA MENON,
JUDGE.
sj 11/06