Shaffique, J
Petitioner has approached this Court seeking police protection alleging that party respondents 3 and 4 are obstructing the loading and unloading work being done in the business premises of the petitioner. According to the petitioner, the area in question is not a scheme implemented area under the Kerala Head load Workers Act and the Rules framed thereunder and therefore party respondents cannot demand that the loading and unloading work should be carried out only by engaging the workers from the pool.
2. Learned counsel for the additional 5th respondent also submits that the area in question is not coming under the Scheme.
3. Though notice was ordered to respondents 3 and 4 and service is complete, there is no appearance on their behalf. It is now clear that the petitioner is entitled to engage his own workers for carrying out the loading and unloading work in his business premises. Party respondents have no right to obstruct the functioning of the business or demand loading and unloading work. Under these circumstances, if there is any illegal obstruction caused by the party respondents in the business premises of the petitioner, police shall take appropriate action to ensure law and order situation.
In the result, this writ petition is disposed of as under:
Respondents 1 and 2 are directed to provide adequate police protection to the petitioner and his employees for carrying on the business and the loading and unloading activities in the building No.1/274-D in Thiruvarpu Panchayath in Kottayam District and shall ensure that no obstruction is caused by respondents 3 and 5 and their men.
(sd/-) (ASHOK BHUSHAN, ACTING CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr