Kerala High Court Orders Police Protection To Transport Contractor After NFSA Godown Workers Illegally Obstruct Ration Distribution

The Kerala High Court on Friday granted police protection to a transportation contractor and his employees in a plea where he alleged that certain NFSA godown workers illegally obstructed the distribution of ration articles in Cheriyanadu.

Justice Devan Ramachandran passed an interim order directing the Chengannur Station House Officer to provide protection to the petitioner amid labour disputes:

"I direct the 1st respondent to afford adequate and effective protection to the petitioner and his employees to conduct their activities, however, strictly in terms of the order." 

The order referred to herein is the order issued by the Depot Manager of Supply-Co prohibiting the workers of the Cheriyanadu NFSA godown from doing anything other than loading work in the said godown. 

The petitioner herein is a transport contractor responsible for transporting ration articles from the Food Corporation of India to Public Distribution Depots and various fair price shops in the District. 

The main contention raised in the petition was that 5 men, arrayed as respondents 8 to 12, rased a labour dispute claiming that the 23 registered headload workers issued with identity cards are entitled to do the unloading world of ration articles at the various fair price shops under Section 26A of Kerala Head Load Workers Act.

An attempt was made to settle the dispute via conciliation before the Labour officer but it was not fruitful. 

Thereafter, the dispute was referred to the Deputy Labour Officer of Alappuzha under Section 21(1) of the Kerala Head Load Workers Act.  Through an order, the Officer clarified that the 23 employees are entitled to work only at the NFSA godown at Cheriyanad. 

Aggrieved by the same, respondents 8 to12 moved an appeal before the Appellate Authority under the Kerala Head Load Workers Act. However, the order of the Deputy Labour Officer was confirmed. 

Thereafter, the Depot Manager of Supply-Co issued the aforementioned order prohibiting the respondents 8-12 and other workers affiliated to the Cheriyanadu NFSA godown from doing any other work than loading world to the said godown. 

On 5th October, the petitioner sent 7 lorries to the Cheriyanadu NFSA godown to be loaded with ration articles. 

However, respondents 8 to 12 and other workers only loaded ration articles to one lorry and refused to load in the others, raising a demand to be allowed to unload the ration articles at retail shops, contrary to the order of the Depot Manager.

In addition to this, they even illegally obstructed the movement of the lorry which was already loaded; and the plea states that the said lorry is still stationed in the premises of the godown with a full load of ration articles. 

This led to an obstruction of distribution of ration articles to 128 retail depots in the District. 

The petitioner contended that although he requested adequate and necessary police protection to carry out the transportation work, no effective steps were taken. It was further pointed out that the demand put forth by respondents 8 to 12 were illegal in the light of the orders issued by the competent authorities. 

It was under such circumstances that the petitioner was prompted to approach the Court. The plea was filed through Advocate Jibu P Thomas. 

The Court admitted the petition today and granted police protection to the petitioner. The Station House Officer was also directed to maintain law and order in the area: 

"Needless to say, the 1st respondent will also ensure that law and order is maintained in the area in question without any breach being conducted by any person including the party respondents or their memo." 

The matter will be taken up on 28th October for further consideration.

Case Title: Reji Varghese v. Station House Officer & Ors

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