Facts of the Case

The petitioner, Muhammed Shaneej P., was engaged in business activities, including loading and unloading of goods for his establishment using his own employees. He had entered into a Master Services Agreement with Amazon Transportation Services Pvt. Ltd., possessed a valid GST registration, and was operating from leased premises. The petitioner alleged that Headload Workers' Unions were unlawfully obstructing his loading and unloading operations and sought police protection to carry out his business without interference.

Issues Involved

  1. Whether an employer is entitled to engage his own employees for loading and unloading activities in an area that is not covered under the Headload Workers Scheme.
  2. Whether the petitioner is entitled to police protection against obstruction by Headload Workers' Unions.
  3. Whether the police authorities are obligated to ensure smooth conduct of lawful business activities where no statutory restriction exists.

Petitioner's Arguments

  • The petitioner contended that the area where his establishment was situated was not a scheme-covered area under the Kerala Headload Workers Act.
  • Therefore, he had the legal right to undertake loading and unloading operations through his own employees.
  • Despite this legal position, respondents representing Headload Workers' Unions were illegally preventing his business operations.
  • Since his business activities were lawful and supported by valid agreements and GST registration, he sought adequate police protection to prevent unlawful interference.

Respondents' Arguments

  • The learned Government Pleader appeared for the police authorities.
  • Counsel appeared for the Headload Workers Welfare Fund Board.
  • During the hearing, it was submitted that the locality in question was not a scheme-covered area, thereby acknowledging the factual position relevant to the dispute.

Court Order / Findings

The Kerala High Court observed that the area concerned was not covered under the statutory Headload Workers Scheme. In view of this admitted position, the Court held that the petitioner was entitled to continue his lawful loading and unloading activities using his own employees.

The Court accordingly closed the writ petition by making the earlier interim order absolute, thereby confirming the police protection already granted and directing that the petitioner should be allowed to conduct his business activities without unlawful obstruction from the concerned trade unions.

Important Clarification

  • In non-scheme areas, employers are legally entitled to engage their own employees for loading and unloading operations.
  • Headload Workers' Unions cannot claim an exclusive right to perform such work merely by virtue of union membership.
  • Police authorities are duty-bound to extend protection where lawful business activities are obstructed without legal authority.
  • The judgment reiterates the settled legal principle that police protection can be granted to ensure uninterrupted business operations in the absence of statutory restrictions.

Sections Involved

  • Kerala Headload Workers Act, 1978
  • Kerala Headload Workers (Regulation of Employment and Welfare) Scheme
  • Article 226 of the Constitution of India (Writ Jurisdiction)

 

Link to Download the Order  https://www.mytaxexpert.co.in/uploads/1782888530_55.pdf

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