IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 WP(C).No. 36501 of 2009(G) -------------------------- PETITIONER: --------------- ASHRAF, AGED 33 YEARS, PROPRIETOR, BADARIYA STORES, S/O. MAJEEDKUTTY, KADEER MANZIL, THAHA JUNCTION, THATTARKONAM P.O., PERUR, KOLLAM. BY ADV. SRI.E.D.GEORGE RESPONDENTS: --------------- 1. KUNJUMON @ RADHAKRISHNAN, S/O. SRINIVASAN, AGED ABOUT 33 YEARS, JAYANTHI COLONY, ALUMMOODU, KUREEPALLY, KANNANALLUR P.O., KOLLAM. 2. A.G.BOSE, AGED ABOUT 42 YEARS, NISHA MANZIL, NADUVILAKKARA, ALUMMOODU, KUREEPALLY P.O., KOLLAM. 3. SUB INSPECTOR OF POLICE, KOTTIYAM POLICE STATION, KOTTIYAM. R1 BY ADVS. M/S. N.NAGARESH & T.V.VINU GOVT. PLEADER SMT. M.P. PUSHPALATHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) 36501/2009 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE LICENCE FOR ;PURCHASE, SALE/STORAGE FOR THE SALE OF GOOD GRAINS. EXT.P2 TRUE COPY OF THE AGREEMENT DATED 7.12.2009 EXECUTED WITH TE LANDLORD AND PETITIONER. EXT.P3 TRUE COPY OF THE INTIMATION DATED 7.12.2007 GIVEN TO THE DISTRICT SUPPLY OFFICER, KOLLAM. EXT.PCOPY OF THE COMPLAINT DATED 14.12.2009 SUBMITTED BY PETITIONER BEFORE THE 3RD RESPONDENT. RESPONDENTS' EXHIBITS: NIL. // TRUE COPY // P.S. TO JUDGE. KNC/- P.R. RAMAN & P.S. GOPINATHAN, JJ. = = = = = = = = = = = = = = = == = = = = W.P.(C) NO. 36501 OF 2009 = = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 4TH DAY OF JANUARY, 2010. J U D G M E N T Raman, J. This is a police protection matter. Finding that actually the dispute is between the parties, this Court referred the matter to the mediation centre. By effective mediation, a settlement has been reached and a report has been filed. The parties have agreed that the writ petition can be disposed of in terms of the settlement arrived at. Accordingly, the writ petition is disposed of in the following terms: 1. The rate of wages for loading and unloading including stacking (in 25 Numbers Hight) will be a total of Rs. 5.50 (five rupees fifty paise only) per sack and this rate will continue for a period of one year. The rates will be raised after one year, by mutual discussion and consent. 2. The petitioner shall engage only head load workers having registration and who are the members of BMS Union, for loading and unloading, at the above wages. 3. The petitioner will have the right to take sacks from godown himself with the assistance of one of his employees in the shop. using three wheelers and the registered head load workers shall not object to it. WP(C) 36501/2009 2 Both sides shall abide by the above terms and there shall not be any obstruction caused to the work. Despite the compliance of the above settlement by the petitioner, if any obstruction is caused, police will afford necessary protection. P.R. RAMAN, JUDGE. P.S. GOPINATHAN, JUDGE. KNC/-