Facts of the Case

M/s. Parakot Associates, a business represented by its managing partner, filed a writ petition before the Kerala High Court seeking police protection against two individuals, Shaji and Nithin Alayad (respondents 6 and 7, described as headload/CITU workers), whom the petitioner alleged were obstructing its loading and unloading business activities.

The petitioner had earlier lodged complaints with the Assistant Labour Officer and the police, and an appeal before the Headload Workers Welfare Fund Board's district committee, in connection with the alleged obstruction.

The respondents (the two individuals) appeared through counsel and denied obstructing the petitioner's business activities. It was also not disputed that the area involved was not a 'scheme area' under the applicable headload workers regulation, which was relevant to whether the workers concerned had any statutory right to handle loading/unloading there.

The matter was heard and decided on 09.10.2023.

Issues Involved

  1. Whether the petitioner was entitled to a direction for police assistance to ensure smooth conduct of its loading and unloading business activities, given the respondents' denial of obstruction and the area's non-scheme status.

Petitioner's Arguments

  • The petitioner sought police protection against respondents 6 and 7 from obstructing its business activities, including loading and unloading, relying on its various business registrations (including a GST certificate) and other documentation to establish it was operating a legitimate business.

Respondent's Arguments

  • Respondents 6 and 7 submitted through counsel that they were not obstructing the petitioner's business activities, including loading and unloading.

Court Order / Findings

  • Noting that the area involved was not a scheme-covered area under the relevant headload workers regulation, and given the respondents' submission that they were not obstructing the petitioner, the Court ordered that if the petitioner approached the third respondent (police), necessary police assistance would be afforded for the smooth functioning of the petitioner's loading and unloading business activities.
  • The writ petition was disposed of on this basis.

Important Clarification

This is a labour-dispute/police-protection order under Article 226, and it does not decide any GST question. The petitioner's GST registration certificate and a tax-invoice e-way bill appear only among the supporting exhibits filed to demonstrate the legitimacy of its business operations and were not themselves the subject of adjudication.

Sections Involved

  • Kerala Head Load Workers Act, 1980 (and related scheme regulations) – concept of 'scheme area' governing headload workers' engagement
  • Constitution of India, 1950 – Article 226 (writ for police protection)

Decision – In Favour of

The writ petition was disposed of in favour of the petitioner, Parakot Associates, to the extent of a direction that police assistance be rendered on request to ensure unobstructed conduct of its loading and unloading business.

Case Details

  • Court: High Court of Kerala at Ernakulam
  • Case No.: WP(C) No. 18604 of 2023
  • Coram: Justice Sathish Ninan
  • Date: 9th October, 2023

Link to Download the Order

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