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P.M.Ahammed

High Court Of Kerala|30 October, 2014
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JUDGMENT / ORDER

Shaffique,J.
Petitioner has approached this Court seeking a direction to respondents 1 to 3 to provide police assistance to prevent obstruction being caused by 4th respondent Union and its workers. Petitioner is carrying on business in the premises at Pallikkal Bazaar, Chelembra, Malappuram District. He has got his own permanent registered workers with necessary identity card under Rule 26A of the Kerala Head load Workers' Rules. In spite of the same, the 4th respondent Union and its members are demanding loading and unloading work.
2. Though notice was ordered to 4th respondent and service is complete, there is no appearance on behalf of them.
3. Having regard to the aforesaid situation it is clear that if the petitioner has his own permanent workers and the area is not a scheme covered area, the 4th respondent Union cannot demand loading and unloading work and they have no right to demand the said work as well. They cannot take law WP(C) No. 26664 of 2014 -:2:-
into their own hands. In such circumstances, if there is a complaint from the petitioner, the Police is bound to take appropriate action in accordance with law and prevent such unlawful obstruction.
4. The Writ Petition is therefore disposed of with a direction to respondents 2 and 3 to ensure that there shall be no obstruction from 4th respondent Union or its men in respect of the loading and unloading work carried on by the petitioner in his business premises through his own permanent workers.
Ashok Bhushan, Acting Chief Justice.
A.M. Shaffique, Judge.
ttb/31/10 WP(C) No. 26664 of 2014 -:3:-
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Title

P.M.Ahammed

Court

High Court Of Kerala

JudgmentDate
30 October, 2014
Judges
  • Ashok Bhushan
  • A M Shaffique
Advocates
  • Sri