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Judgment
K.M. Joseph, J.—Petitioner has approached this Court seeking the following reliefs:
a) Issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 1 and 2 to give necessary police assistance to the petitioner for preventing the obstruction being created by respondents 3 to 5 union and its workers to the loading and unloading works being carried on by the petitioner''s own permanent workers within the premises of the petitioner.
b) Issue a writ of mandamus or any other appropriate writ, order or direction, directing respondents 1 and 2 to prevent respondents 3 to 5 union and its workers from creating any obstruction in front of the petitioner''s business premises and also for the ingress and egress of vehicles to the petitioner''s premises.
c) Issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 1 and 2 to give adequate police assistance to the petitioner for preventing the illegal and high handed action of respondents 3 to 5 union and its workers.
Petitioner is the Managing Partner of a Firm engaged in the business of distribution of soft drinks. He has got two permanent workers registered under the Kerala Head Load Workers Act. The permanent workers of the petitioner, who are experienced skilled workers, are doing the loading and unloading works in the premises of the petitioner. There is obstruction by the members of respondents 3 to 5 to the loading and unloading works being carried out within the premises of the petitioner. Petitioner filed Ext. P1 complaint to the second respondent. Exts. P2 and P2 (a) are produced as the identity cards issued to them. Since there is inaction on Ext. P1, the petitioner is before us.
Counter Affidavit is filed by respondents 3 and 4, producing Exts. R4(a) to R4(e). Exts. R4(a), R4(b) and R4(c) are identity cards, Ex. R4(d) is the complaint filed by the fourth respondent union before the District Labour Officer, Kozhikode and Ext. R4(e) is the appeal filed by the fourth respondent before the District Labour Officer, Kozhikode. According to them, the registered workers are doing the loading and unloading works since 2000 when the establishment was shifted to a different area. In the year 2012, the respondent unions were informed by the petitioner that for the purpose of development and convenience of the business, the establishment is being shifted to a nearby premises. Thereafter, the petitioner got his driver and office boy registered as head load workers. Appeal is pending. Petitioner has filed a Reply Affidavit also. As things stand, registration is obtained going by Exts. P2 and P2(a). In such circumstances, the Writ Petition is disposed of as follows:
The interim order will continue by giving protection as and when required. However, this is subject to the decision to be taken in the appeal by the statutory authority. We direct that the appellate authority will take a decision on Ext. R4(e) appeal and the appeal said to have been filed by the fifth respondent, after affording an opportunity of being heard to the petitioner and the party respondents, within a period of two months from the date of production of a copy of this Judgment before the appellate authority.