IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 WP(C).No. 30631 of 2011(D) -------------------------------------- PETITIONER: ------------------- K.V.MANIKANDAN, S/O,VELLA, AGED 44 YEARS, AYYAPPA CEMENT WORKS, PARALI, KINAVALLUR, PALAKKAD DISTRICT. BY ADV. SRI.RAJESH SIVARAMANKUTTY. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY, SECRETRIAT,THIRUVANANTPAURAM, PIN-695 001. 2. THE SUPERINTENDENT OF POLICE, PALAKKADM PIN-678 001. 3. THE SUB INSPECTOR OF POLICE, MANKARA POLICE STATION, PALAKKAD, PIN-678 613. 4. THE KERALA HEAD LOAD WORKERS UNION, (CITU), REPRESENTED BY ITS SECRETARY,KINAVALLUR- VADAKKATHARA,PARALI, PALAKKAD, PIN-678 615. 5. THE KERALA HEAD LOAD WORKERS WELFARE BOARD, PALAKKAD DISTRICT COMMITTEE, REPRESENTED BY ITS CHAIRMAN, PALAKKAD-678 001. 6. THE ASSISTANT LABOUR OFFICER, 1ST CIRCLE, PALAKKAD, PIN -678 001. R1 TO R3 & R6 BY SR. GOVT. PLEADER SRI. M.K. ABOOBACKER, R5 BY ADV. SRI.KOSHY GEORGE, S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.30631/2011-D: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE LICENSE ISSUED TO THE PETITIONER. EXT.P.2: COPY OF THE IDENTITY CARD ISSUED TO PRABHAKARAN BY R.6. EXT.P.2.A: COPY OF THE IDENTITY CARD ISSUED TO MANIKANDAN BY R.6. EXT.P.3: COPY OF THE PETITION DTD. 17/10/2011 FILED BY THE PETITIONER BEFORE R.3. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE Prv. PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... W.P.(C).NO. 30631 OF 2011 ................................................................... Dated this the 22nd day of November, 2011. JUDGMENT Pius C. Kuriakose, J. Even though the party respondents have been served with notice by special messenger, none of them have turned up before this Court to resist the writ petition. Thus the allegations alleged in the writ petition levelled against respondent No.4 stand established by non traverse. 2. The grievance voiced by the petitioner is that he has two registered workers of his own with identity cards - Exts.P2 and P2(a), he does not require the service of any more workers. The workers who owe allegiance to the 4th respondent union are creating obstruction demanding works. It is submitted by standing counsel for the 5th respondent that the area is one where functional operation of the scheme has been implemented and Exts.P2 and P2(a) are identity cards pertaining to the petitioner's registered workers. As it is seen that the petitioner is having two registered workers, the petitioner is justified in having W.P.(C).NO. 30631 OF 2011 : 2 : works done by engaging his own workers. The members of the 4th respondent union are not entitled to obstruct the petitioner engaging those workers for carrying out work in the unit. 3. If any obstruction is reported by the petitioner, it shall be the duty of the respondents 2 and 3 to remove such obstruction. However, we direct the petitioner to engage the members of 4th respondent union themselves in case he requires the service of more workers than his own registered workers. The writ petition is disposed of as above. PIUS C. KURIAKOSE, JUDGE. K. HARILAL, JUDGE. cl