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M/s. A & J Granites, Kottayam, Represented by Its Managing Partner P.T. Andrews v/s The Station House Officer, Karukachal Police Station, Kottayam & Others


Company & Directors' Information:- G T P GRANITES LIMITED [Active] CIN = U14102TZ1990PLC002722

Company & Directors' Information:- P S R GRANITES PRIVATE LIMITED [Active] CIN = U14102TG2007PTC055144

Company & Directors' Information:- G S R GRANITES PRIVATE LIMITED [Active] CIN = U14103UP1995PTC019241

Company & Directors' Information:- P P GRANITES PRIVATE LIMITED [Active] CIN = U14102KA2007PTC043203

Company & Directors' Information:- B R GRANITES PRIVATE LIMITED [Strike Off] CIN = U14102TG2005PTC047897

Company & Directors' Information:- G K GRANITES LIMITED [Active] CIN = U14102KA1999PLC065823

Company & Directors' Information:- R R K GRANITES LIMITED [Active] CIN = U14102TZ1990PLC002719

Company & Directors' Information:- A K J GRANITES PRIVATE LIMITED [Active] CIN = U14102RJ1994PTC008304

Company & Directors' Information:- M B GRANITES PRIVATE LIMITED [Active] CIN = U14102KA1990PTC073799

Company & Directors' Information:- M L GRANITES PRIVATE LIMITED [Active] CIN = U14102KL2008PTC023027

Company & Directors' Information:- G D GRANITES PRIVATE LIMITED [Strike Off] CIN = U14101KA1990PTC011509

Company & Directors' Information:- R R GRANITES PRIVATE LIMITED [Active] CIN = U14102TG1990PTC011209

Company & Directors' Information:- K N L GRANITES PRIVATE LIMITED [Active] CIN = U14102AP2012PTC082961

Company & Directors' Information:- S V R GRANITES PVT LTD [Active] CIN = U14102AP1990PTC010843

Company & Directors' Information:- P M R GRANITES INDIA PRIVATE LIMITED [Active] CIN = U14106KL2011PTC028573

Company & Directors' Information:- N S GRANITES PRIVATE LIMITED [Active] CIN = U14102RJ1994PTC008622

Company & Directors' Information:- A P GRANITES PRIVATE LIMITED [Strike Off] CIN = U14102TG1995PTC021475

Company & Directors' Information:- N D T HOUSE (INDIA) PRIVATE LIMITED [Strike Off] CIN = U33110MH2000PTC126194

Company & Directors' Information:- D T GRANITES PRIVATE LIMITED [Strike Off] CIN = U14200AP2015PTC097227

Company & Directors' Information:- ON THE HOUSE PRIVATE LIMITED [Active] CIN = U70101WB2000PTC091842

Company & Directors' Information:- C D HOUSE INDIA PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC068483

Company & Directors' Information:- V B GRANITES PRIVATE LIMITED [Strike Off] CIN = U14102KL2005PTC018741

Company & Directors' Information:- S K M GRANITES PRIVATE LIMITED [Strike Off] CIN = U14102TZ1997PTC008050

Company & Directors' Information:- J J GRANITES LIMITED [Active] CIN = U51311WB1992PLC055896

Company & Directors' Information:- H. H. HOUSE PRIVATE LIMITED [Converted to LLP] CIN = U45201DL1981PTC012646

Company & Directors' Information:- M C B HOUSE PRIVATE LIMITED [Active] CIN = U52335DL1999PTC099967

Company & Directors' Information:- AT GRANITES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U14200TG2010PTC071741

Company & Directors' Information:- J J GRANITES PVT LTD [Active] CIN = U51311WB1992PTC055896

Company & Directors' Information:- A & A GRANITES PRIVATE LIMITED [Strike Off] CIN = U14291TN1997PTC037595

Company & Directors' Information:- S K S GRANITES PRIVATE LIMITED [Strike Off] CIN = U14102KL1998PTC012075

Company & Directors' Information:- M J S GRANITES PRIVATE LIMITED [Strike Off] CIN = U51909KA1984PTC006298

Company & Directors' Information:- G V R GRANITES (INDIA) PVT LTD [Strike Off] CIN = U14102AP1990PTC010922

Company & Directors' Information:- A K HOUSE PRIVATE LIMITED [Strike Off] CIN = U70109WB1953PTC021083

Company & Directors' Information:- S S GRANITES PRIVATE LIMITED [Strike Off] CIN = U26931UP1980PTC005137

Company & Directors' Information:- E T GRANITES LTD. [Strike Off] CIN = U14102RJ1992PLC006750

Company & Directors' Information:- G. K. R. S. GRANITES PRIVATE LIMITED [Strike Off] CIN = U51219TN2007PTC062067

Company & Directors' Information:- G & L GRANITES PRIVATE LIMITED [Strike Off] CIN = U14220TG2016PTC103857

Company & Directors' Information:- L N P GRANITES PRIVATE LIMITED [Strike Off] CIN = U14102TG2000PTC034945

Company & Directors' Information:- V GRANITES PRIVATE LIMITED [Strike Off] CIN = U26940TN2008PTC066786

Company & Directors' Information:- M C GRANITES PRIVATE LIMITED [Strike Off] CIN = U14102KA2008PTC048539

    WP(C). No. 19511 of 2019 (L)

    Decided On, 06 August 2019

    At, High Court of Kerala

    By, THE HONOURABLE MR. JUSTICE K. VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE V.G. ARUN

    For the Petitioner: Philip J. Vettickattu, G. Harikrishnan (Tripunithura), Advocates. For the Respondents: M.P. Madhavankutty, Shijoy John Mathew, B. Rajesh (Kottayam), Advocates, S. Krishna Moorthy, SC, P.P. Thajudeen, Sr. GP.



Judgment Text

K. Vinod Chandran, J.

1. The petitioner is carrying on a quarry and is aggrieved with obstruction caused by respondents 3 to 8 to the loading and unloading work carried on in the petitioner's premises. Learned Counsel appears for respondents 3 to 7 & 8.

2. The Standing Counsel appearing for the additional 9 th respondent Board submits that it is not a scheme covered area.

3. The respondents Union also do not have a case that it is a scheme covered area. However, persons who are having Rule 26A cards, are headload workers entitled to carry on headload work in the area is the submission. It is submitted by the learned counsel for the 8th respondent that the headload workers having Rule 26A cards were carrying on the work in the quarry for the last 12 years. The learned counsel appearing for respondents 3 to 7 also submits that this is their only livelihood and the contention of the petitioner has to be rejected.

4. The right to work as headload workers as crystallised by Rule 26A cards arises by reason of the Headload Workers Act. However, the mere fact that Rule 26A cards have been issued would not enable the cardholders to seek loading and unloading work in the area as a matter of right. Such a right arises only when the scheme under the Headload Workers (Regulation of Employment and Welfare) Scheme is extended to the area and a pool is constituted, wherein members are issued with Rule 6A cards. Admittedly, there is no scheme implemented in the area.

5. One other aspect, which assumes significance is the fact that the petitioner asserts that there is no manual work in his premises and the loading and unloading work is by mechanical process.

In such circumstances, we do not see any right on respondents 3 to 8 to demand loading and unloading in the petitioner's quarry. If any obstruction is caused to the mechanical loading and unloading carried on by the petitioner, the Police would interfere. It is made clear that if any person has to be engaged for loading and unloading, definitely the

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petitioner would seek the assistance of the members of respondents 2 to 8, unless the petitioner regularly employs his own registered permanent workers issued with Rule 26A cards. The writ petition is allowed. No order as to costs.
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