Facts of the Case

The petitioner, Manapuram Roofings, a proprietorship concern engaged in manufacturing activities, was carrying out loading and unloading operations within its industrial establishment through mechanized devices.

The petitioner alleged that members and followers of the Head Load Workers Union (CITU) obstructed the lawful functioning of the establishment and threatened the petitioner, employees, machinery, and vehicles. A complaint seeking police protection was submitted before the police authorities. As no effective protection was allegedly provided, the petitioner approached the Kerala High Court seeking police protection for carrying out mechanized loading and unloading work without interference.

Issues Involved

  1. Whether the petitioner was entitled to police protection for conducting loading and unloading operations through mechanized devices.
  2. Whether the existence of a scheme-covered area under the Kerala Head Load Workers Scheme prevented an establishment from carrying out mechanized loading and unloading work.
  3. Whether interference by union members could legally obstruct mechanized loading and unloading operations.

Petitioner’s Arguments

  • The petitioner submitted that loading and unloading operations were being carried out through mechanized devices as part of the industrial process.
  • Members of the first respondent union were allegedly threatening and obstructing the functioning of the establishment.
  • Despite approaching the police authorities, adequate protection was not being provided.
  • The petitioner sought appropriate directions to the police authorities to ensure uninterrupted business operations and protection of employees, machinery, and vehicles.

Respondent’s Arguments

  • The Kerala State Head Load Workers Welfare Board submitted that the locality was a scheme-covered area.
  • It was further contended that registered pool workers were available in the locality for carrying out loading and unloading work.

Court Order / Findings

The Kerala High Court observed that an interim order had already directed the police authorities to provide adequate protection for carrying out loading and unloading work using mechanical devices without interference from the first respondent or its members.

The Court noted that, pursuant to the interim order, the petitioner had been carrying on its operations without obstruction.

The Court further held that merely because the establishment was situated in a scheme-covered area would not prevent the petitioner from carrying out loading and unloading operations through mechanized means.

Accordingly, the Court made the interim order absolute and directed that police protection continue to be provided whenever required to ensure that mechanized loading and unloading operations were carried out without unlawful interference. The writ petition was closed.

Important Clarification

  • Employers are entitled to carry out loading and unloading operations through mechanized devices where such operations are otherwise lawful.
  • The existence of a scheme-covered area under the Kerala Head Load Workers Scheme does not, by itself, prohibit mechanized loading and unloading.
  • Trade unions cannot unlawfully obstruct mechanized industrial operations merely because registered pool workers are available.
  • Police authorities are obligated to provide protection where there is unlawful interference with lawful business activities.

Link to Download the Order

https://www.mytaxexpert.co.in/uploads/1785400163_2355compressed.pdf

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