Manjula Chellur, C.J.
Petitioner is a forwarding agent of M/s.Usha International, which is dealing in consumer durables and other electrical appliances. It is not in dispute that petitioner's main establishment is at Perumbavoor and now they have started another godown at Alangad within Aluva local authority.
2. According to petitioner, the area in which godown is situated is not covered by the scheme formulated under the Kerala Headload Workers Act and Rules. Therefore, there is no obligation on their part to engage workers, who got registration from the authority concerned. According to respondents 4 to 18, they never created any law and order situation and never obstructed any work of petitioner or held threats as alleged in the Writ Petition. According to them, they have right to do the loading and unloading work in the godown of petitioner, as petitioner has no registered workers pertaining to this godown.
WP(C).10585/14 2
3. When the matter was taken up for hearing, learned counsel for party respondents submitted that exhibits pertaining to registration of workers produced by petitioner refer to Perumbavoor godown and not Alangad godown. In the absence of petitioner having any registered workers pertaining to Alangad godown, respondents 4 to 18 requested petitioner to give work to them.
4. The fact remains, even in the absence of petitioner having any registered workers for this particular area at Alangad, there is no compulsion or obligation on the part of petitioner to have registered workers of their own for this area, since it is not a scheme covered area. If party respondents claim any right to have loading and unloading work allotted to them, even in respect of areas not covered under the scheme, they have to establish such right before the authorities concerned. Even if they have such right and no work is allotted to them by any employer, their right to claim wages payable to them can always be established before Labour Officer. Their right to work in the said area as headload workers does not include right to create law and order problem near the godown of petitioner. They have to resort to proper course of action in such matters and not resort to illegal act.
WP(C).10585/14 3 In the light of above observation, we direct respondent police to afford effective and proper protection to petitioner at Alangad godown, if necessity arises.
The Writ Petition is disposed of accordingly.
MANJULA CHELLUR, CHIEF JUSTICE P.R.RAMACHANDRA MENON, JUDGE
vgs11.6.14