IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 WP(C).No. 21760 of 2011(T) -------------------------- PETITIONER(S): --------------- SWATHANTHRA THOZHILALI UNION KUNTHIPUZHA UNIT, MANNARKKAD, PALAKKAD REPRESENTED BY ITS PRESIDENT ASSAINAR. BY ADV. SRI.V.K.MOHAMMED YOUSUF RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, MANNARKKAD-678582. 2. CIRCLE INSPECTOR OF POLICE, MANNARKKAD-678582. 3. SUPERINTENDENT OF POLICE, PALAKKAD-678001. ADDL. RESPONDENTS: 4. THE SECRETARY, CENTRE OF INDIA TRADE UNION, KUNTHIPUZHA UNIT, MANNARKKAD, PALAKKAD DISTRICT. 5. THE KERALA HEADLOAD WORKERS WELFARE BOARD, PALAKKAD DISTRICT COMMITTEE, REPRESENTED BY ITS CHAIRMAN IN CHARGE 1ST FLOOR, M,.A. COMPLEX, PALAKKAD DISTRICT. ADDL. R4 AND R5 ARE IMPLEADED SUO MOTU AS PER ORDER DT. 10-8-11. 6. THE ASSISTANT LABOUR OFFICER, MANNARKKAD. ADDL. R6 IS IMPLEADED SUO MOTU AS PER ORDER DT. 17-8-2011. GOVERNMENT PLEADER SRI.P.K.VIJAYAMOHANAN FOR R4 SRI.ALAN PAPALI FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX: PETITIONER'S EXHIBITS; EXT.P1 COPY OF THE DECISIONDATED 28-4-2011 EXT.P2 PHOTO COPY OF THE JUDGMENT IN WPC 13798/11 DT. 18-7-2011 EXT.P3 PHOTO COPY OF THE JUDGMENT IN WPC.14008/11 DT. 13-6-11. RESPONDENT'S EXHIBITS: NIL PIUS C. KURIAKOSE & N.K. BALAKRISHNAN, JJ. ----------------------------------------------- WP(C)No. 21760 of 2011 ----------------------------------------------- Dated this the 17th day of August, 2011 J U D G M E N T Pius C.Kuriakose, J. It appears to us that the petitioner Swathanthra Thozhilali Union Kunthipuzha Unit who have approached this court seeking a direction to the respondents ( the original respondents were officers of police only) to comply with the directions of this court in Ext.P3 judgment are voicing a genuine grievance. By Ext.P3 police protection was given to the petitioners in that writ petition, one Showkath Ali and Asgar Ali, Pool Leader and Secretary respectively of headload workers at Kunthipuzha subject to the condition that Ext.P3 will be in fo0rce only so long as Ext.P3 referred to in Ext.P3 remains in force. The grievance of the petitioners voiced before us by their Advocate Mr. Mohammed Yousuf is that even though the above Ext.P3 (referred to in Ext.P3 judgment) was set aside by this Court WP(C). 21760/11 -2- in Ext.P2 judgment the officials of the police are proceeding as if P3 judgment in WP(C). No. 14008 of 2011 holds the field. It is not disputed by anybody that P2 judgment in WP(C) No. 13798 of 2011 has set aside the P3 referred to in P3 judgment. That P2 judgment has become final is also not disputed. Therefore it goes without saying that Ext.P3 judgment in WP(C) No. 14008 of 2011 no longer holds the field. At the same time, we find from Ext.P2 judgment that after setting aside P3 in P3 judgment(which was produced as Ext.P1 in Ext.P2 judgment) this Court directed maintenance of status quo as obtained immediately prior to Ext.P1 resolution till the headload workers of pool 1B gets the dispute resolved in the matter provided under section 21 of the Act. It is submitted by everybody at the Bar that the additional 6th respondent (ALO, Mannarkkad) has already initiated proceedings under Section 21. We direct the additional 6th respondent to issue notice to all WP(C). 21760/11 -3- concerned parties including the petitioner in this writ petition and additional respondent Nos. 4 and 5 regarding the proceeding so initiated. The petitioner and the additional respondent Nos. 4 and 5 will appear before the additional 6th respondent and co-operate with the additional 6th respondent in bringing forth the dispute referred to in the last paragraph of Ext.P2 to a proper conciliation. Till the proceedings under section 21 comes to a close the police will ensure that the status quo as it obtained immediately prior to Ext. P1 resolution referred to in Ext.P2 is maintained by all parties concerned. (PIUS C.KURIAKOSE, JUDGE) (N.K.BALAKRISHNAN, JUDGE) ksv/-