A Division Bench of the Kerala High Court has ruled that the practice of ‘nokkukooli’ amounted to anti-social activities as defined under the Kerala Anti-Social Activities (Prevention) Act, 2007 (KAAPA).
The Bench comprising Justice Thottathil B. Radhakrishnan and Justice Babu Mathew P. Joseph observed the insistence on payment of what was called ‘nokkukooli’ was nothing but a bane on society. The Bench made the ruling while disposing of a writ petition filed by Paulson Zacharia of Thrissur against the demand for ‘nokkukooli’ by leaders of trade unions for unloading a heavy machine at his industrial unit.
He claimed the machinery could be unloaded and installed only with the help of a crane. But the trade unions demanded ‘nokkukooli’ for unloading the machinery.
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The Bench reminded the government that it had repeatedly sought steps to ensure abolition of the system.
The claim of ‘nokkukooli’ was not only an affront to the Constitution but amounted to an unauthorised and illegal extraction of money by creating a state of threat and deprivation of property. It amounted to offences punishable in law.
The unions took the stance that they had not caused any obstruction. Referring to the contention of the unions that the petitioner did not have due licence, the Bench observed that it was for the statutory authorities to look into the matters such as licence rather than by the self-imposed whistleblowers prowling on the localities under the guise of professed activities in support of the labour forces of the State.
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The court issued a directive to provide police protection if the unions caused any obstruction to the industrial activities.