IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 WP(C).No. 8817 of 2008(Y) ------------------------- PETITIONER: ------------ M/S.J&A FOUNDATION (P) LTD. FOUNDATION ENGINEERS & PILING CONTRACTORS 33/1344-C KALASRISHTY JUNCTION,. P.O. VENNALA, KOCHI 682 028, REPRESENTED BY ITS MANAGING DIRECTOR SHRI JOSEPH V.J. BY ADV. SRI.S.EASWARAN SRI.P.MURALEEDHARAN (IRIMPANAM) RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR,ERNAKULAM CIVIL STATION AT KAKKANAD. 2. THE CIRCLE INSPECTOR OF POLICE NJARACKKAL. ERNAKULAM 3. ERNAKULAM JILLA KETTIDA NIRMANA THOZHILALI UNION (CITU) 160/86, CANNON SHED ROAD ERNAKULAM KOCHI 682 011, REPRESENTED BY ITS SECRETARY. 4. THE DISTRICT CONSTRUCTION WORKERS (INTUC KALABHAVAN ROAD, KOCHI-18, REPRESENTED BY ITS SECRETARY. 5. ERNAKULAM JLLA NIRMANA THOZHILALI SANGH (BMS) I.S. PRESS ROAD, KOCHI-18 REPRESENTED BY ITS JLLA SECRETARY SHRI UNNIKRISHNAN. 6. COCHIN THURAMGHA THOHZHILALI UNION P.B.NO. 183,KOCHI REPRESIDENT BY VICE PRESIDENT 7. ERNAKULAM DISTRICT CONSTRUCTION AND WPC 8817/08 GENRAL WORKERS UNION, REG. NO. 159/85 (AFFILIATED TO AITUC & WFTU) C.S.ROAD, T.U.HOUSE, KOCHI 682011,REPRESENTED BY ITS GENERAL SECRETARY SHRI.T.N.DAS. 8. ERNAKULAM DISTRICT LABOUR CONGRESS REG,.NO. 7/01/2004 CENTRAL COMMITTEE OFFICE, NJARAKKAL P.O., KOCHI 682 505, REPRESETNED BY ITS GENERAL SECRETARY C.D. DESIKAN. 9. KERALA SAMSTHANAN KETTIDA NIRMANA THOZHILALI UNION (TUCI) REG.NO. 12-22/90 MARUTHI VILAS C.S. ROAD, ERNAKULAM, REPRESETNED BY ITS GENERAL SECRETARY P.A.JIRAR. BY ADV. SRI.T.K.AJITH KUMAR-R6 SRI.P.VINODKUMAR SMT.T.B.MINI-R9 SRI.T.A.SHAJI-R8 SMT.T.V.NEEMA SRI.MAJNU KOMATH-R7 SRI.SHAHIN.M.KOMATH SRI.C.S.AJITH PRAKASH -R4 SRI.N.NAGARESH-R5 GOVT. PLEADER SRI.P.A.SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 8817/08 APPENDIX PETITIONER'S EXTS. EXT.P1 - COPY OF COMMUNICATION NO.10/KRS/SPM/FOA/08 DATED 03.03.2008 ISSUED BY M/S.BHARAT PETROLEUM CORPORATION LIMITED. EXT.P2 - COPY OF PETITION DATED 7.3.2008 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P3 - COPY OF AGREEMENT DATED 31.5.2007 ENTERED INTO BETWEEN THE ASSOCIATION OF PILING SPECIALISTS AND REPRESENTATIVES OF RESPONDENTS 3 AND 4. EXT.P4 - COPY OF ORDER DATED 28TH OCTOBER, 2005 IN W.P.(C) NO.30255 OF 2005. EXT.P5 - COPY OF JUDGMENT DATED 22ND NOVEMBER, 2005 IN W.P.(C) NO.30255 OF 2005. RESPONDENTS' EXTS. EXT.R6(a) - TRUE COPY OF THE PETITION FILED BY THE 6TH RESPONDENT BEFORE THE 1ST RESPONDENT, DISTRICT COLLECTOR, DATED 14.10.2005. EXT.R6(b) – TRUE COPY OF THE SETTLEMENT MEMORANDUM ENTERED INTO BETWEEN THE CONTRACTORS ASSOCIATION AMONG OTHER EMPLOYER'S REPRESENTATIVES AND THE REPRESENTATIVES OF THE TRADE UNIONS BEFORE THE DEPUTY LABOUR COMMISSIONER, ERNAKULAM DATED 4.1.2007. EXT.R7(A) – TRUE COPY OF THE MINUTES OF THE MEETING CONVNED BY THE DISTRICT COLLECTOR DT. 30.8.05. EXT.R7(B) – TRUE COPY OF THE MEMORANDUM OF UNDERSTANDING DT. 13.11.2005 SIGNED BY THE VARIOUS UNIONS AND CONTRACTORS. EXT.R7(C) – TRUE COPY OF THE PROCEEDING DATED 12.12.2006 OF THE DLO., ERNAKULAM. EXT.R7(D) – TRUE COPY OF THE AGREEMENT DATED 4.1.2007 SIGNED BY THE VARIOUS UNIONS. EXT.R5(a) – TRUE COPY OF THE AGREEMENT DATED 29.11.2004. EXT.R5(b) – TRUE COPY OF THE JUDGMENT DATED 7.7.2004 IN W.P.(C) NO.19546/2004. EXT.R5(c) – TRUE COPY OF THE RULE 59 MEMORANDUM OF SETTLEMENT DATED 16.9.2004. EXT.R5(d) – TRUE COPY OF THE LETTER DATED 14.10.2005 SUBMITTED TO THE DISTRICT COLLECTOR. EXT.R5(e) – TRUE COPY OF THE LETTER NO.B-6136/2005 DATED 20.10.2005 OF THE DISTRICT LABOUR OFFICER, ERNAKULAM. EXT.R5(f) SERIES: TRUE COPIES OF THE NEWSPAPER REPORTS DATED 3.11.2005 AND 2.11.2005. EXT.R5(g) – TRUE COPY OF SETTLEMENT DATED 4.1.2007. /TRUE COPY/ K.BALAKRISHNAN NAIR & K.T.SANKARAN, JJ. ----------------------------------------- W.P.(C) NO. 8817 OF 2008-Y ----------------------------------------- Dated 4th April, 2008. JUDGMENT Balakrishnan Nair, J. After hearing both sides, this Court passed an interim order on 25.3.2008, which will take care of the rights of both sides. When we suggested to dispose of the writ petition, maintaining that interim order, the learned counsel for the 7th respondent pointed out that though as per the directions in the interim order, the petitioner is bound to respect the terms of settlement contained Ext.R7(B) concerning incidental or ancillary works, it has not done that. Specific reference was made to post-script 1 of Ext.R7 (B) concerning engagement of workmen for concreting and for laying drain. The learned counsel for the petitioner submitted that the petitioner will respect that condition also. Recording the said submission, the writ WPC 8817/2008 2 petition is disposed of, making the interim order absolute. K.BALAKRISHNAN NAIR, JUDGE. K.T.SANKARAN, JUDGE. Nm/