IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 WP(C).No. 27690 of 2011(I) --------------------------------- PETITIONER(S): ------------------- ABDUL KADHER, S/O.MOHAMMED, FATHIMA MANZIL, CHUNANGAD POST, OTTAPALAM-679 511. BY ADVS. SRI.SANTHEEP ANKARATH SRI.SUMODH MADHAVAN NAIR RESPONDENT(S): -------------------- 1. THE SUB INSPECTOR OF POLICE, OTTAPALAM-679 101. 2. CENTRE FOR INDIAN TRADE UNION (CITU), CHUNANGAD, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY,CHUNANGAD POST, OTTAPALAM-679 511. 3. SWATHANTRA THOZHILALI UNION (STU), CHUNANGAD, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY,CHUNANGAD POST, OTTAPALAM-679 511. 4. CENTRE FOR INDIA TRADE UNION (CITU) PULAPPATTASSERY UNIT,CHERUMUNDASSERY-679 512 OTTAPALAM,REPRESENTED BY ITS SECRETARY. svs ...............2/-... ...2... WPC. NO.27690/2011 5. BHARATHIYA MAZDOOR SANGHOM (BMS), PULAPPATTASSERY UNIT,CHERUMUNDASSERY-679 512 OTTAPALAM,REPRESENTED BY ITS SECRETARY. R1 BY SR. GOVT. PLEADER SRI.M.K.ABOOBACKER R2,3 BY ADVS. SRI.NAGARAJ NARAYANAN SRI.RAJAN VELLOTH SRI.SAIJO HASSAN SRI.PRATHAP PILLAI SRI.I.J.AUGUSTINE SRI.BENOJ C AUGUSTIN SRI.SEBIN THOMAS SMT.J.KASTHURI R4,5 BY ADVS.SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.ACHU SUBHA ABRAHAM SMT.V.T.LITHA SMT.T.M.BINITHA SMT.AFSANA ASHRAF THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 27690/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF LEASE AGREEMENT DATED 20/06/2011 ENTERED INTO BETWEEN THE PETITIONER AND ONE DR.SURESH. P2: COPY OF 'CONSENT TO OPERATE' ISSUED BY KERALA STATE POLLUTION CONTROL BOARD AND DATED 01/09/2011 IN FAVOUR OF THE PETITIONER. P3: COPY OF EXPLOSIVE LICENCE ISSUED TO THE PETITIONER DATED 19/03/2009. P4: COPY OF THE QUARRYING PERMIT ISSUED BY DEPARTMENT OF MINING AND GEOLOGY DATED 15/07/2011. P5: COPY OF LICENCE ISSUED BY AMBALAPPARA GRAMA PANCHAYATH DATED 28/09/2011. P6: COPY OF PURCHASE TAX INVOICE OF THE EXCAVATOR DATED 30/06/2011. P7: COPY OF PURCHASE TAX INVOICE OF HYDRAULIC ROCK BREAKER DATED 08/07/2011. P8: COPY OF REGISTRATION CERTIFICATE OF JCB IN THE NAME OF PETITIONER'S SON SHAHEER. P9: COPY OF REGISTRATION CERTIFICATE OF TRACTOR IN THE NAME OF THE PETITIONER. P10: COPY OF REGISTRATION CERTIFICATE OF TIPPER IN THE NAME OF PETITIONER'S BROTHER ABDUL AZEEZ. P11: COPY OF RETGISTRATION CERTIFICATE OF TIPPER IN THE NAME OF PETITIONER'S SON SHAHEER. P12: COPY OF PETITION DATED 16/10/2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. P13: COPY OF RECEIPT DATED 16/10/2011 ISSUED BY 1ST RESPONDENT. svs .....2/-... ...2... WPC. NO.27690/2011 RESPONDENT'S EXHIBITS: R3(a):COPY OF THE AGREEMENT DATED 06/07/1982. R3(b):COPY OF THE AGREEMENT DATED 13/08/1982. R3(c):COPY OF THE NOTIFICATION DATED 26/07/2000 ISSUED IN THE GOVERNMENT GAZETTE R3(d):COPIES OF THE IDENTIFY CARDS ISSUED BY THE ASST.LABOUR OFFICER, OTTAPALAM. R3(e):COPIES OF NOTICES GIVEN TO SOME OF THE WORKERS OF THE RESPONDENTS 2 AND 3. /TRUE COPY/ P.A. TO JUDGE. svs PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... W.P.(C).NO.27690 OF 2011 ................................................................... Dated this the 18th day of November, 2011. JUDGMENT Pius C. Kuriakose, J. The petitioner, who is conducting a quarry, complains that the members of respondents 2 to 5 unions are obstructing the operations in his quarry demanding headload works. According to the petitioner, he does not require any manual works in his quarry. He does not require the service of any headdload workers. He makes use of mechanical devices such as JCB, tipper, tractor and driller. The members of the respondents' union are not entitled to obstruct the operation of the quarry by making use of mechanical devices rather than manual labour. 2. Respondents 4 and 5 have filed a counter affidavit wherein they contend that the area is one where the Headload Workers Welfare Fund Scheme and the Act have become functionally operative. That being so, the petitioner is bound to engage registered workers, who are allotted from the concerned pool. The intention of the petitioner is to deny work to the members of the petitioner union. This should not W.P.(C).NO.27690 OF 2011 : 2 : be permitted. 3. Sri. M.K. Aboobacker – senior Government Pleader submitted that on receiving the petitioner’s complaint, the first respondent summoned the petitioner and the functionaries of the respondents' unions. It was revealed that there is inter union rivalry amongst the members of the respondents' unions. When it was so revealed, the members of the unions were advised to have recourse to the process of the labour and industrial laws. 4. According to Sri. Santheep Ankarath, the petitioner intends to make use of mechanical devices such as JCB, tipper, tractor and driller. He does not require the service of any headload workers. 5. Having considered the submissions addressed at the bar, it is open to the petitioner to operate his quarry by making use of devices such as JCB, tipper, tractor and driller. However, it becomes necessary for the petitioner to engage manual labour, it shall be the obligation of the petitioner to engage those members of respondents' unions who are allotted by the local committee from the pools concerned. W.P.(C).NO.27690 OF 2011 : 3 : But, if it is reported to the first respondent that operation of the quarry by making use of JCB, tipper, tractor and driller is obstructed by any members of the respondents' unions, it shall be the obligation of the first respondent to remove such obstruction. The writ petition is disposed of accordingly. PIUS C. KURIAKOSE, JUDGE. K. HARILAL, JUDGE. cl