IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 WP(C).No. 27535 of 2009(J) -------------------------- PETITIONER(S): --------------- A.G.BIJU, MANAGING PARTNER, M/S.GEORGE AND COMPANY, SAKTHAN THAMPURAN NAGAR, NEAR TRICHUR HEART HOSPITAL, TRICHUR-1. BY ADVS. SRI.V.G.ARUN SRI.S.ABDUL RAZZAK RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, FEROKE POLICE STATION, KOZHIKODE. 2. CIRCLE INSPECTOR OF POLICE, FEROKE POLICE STATION, KOZHIKODE. 3. SUPERINTENDENT OF POLICE, KOZHIKODE. 4. ABDUL RAZACK, CONVENOR, INTUC FEROKE CHUNGAM UNIT, FEROKE, KOZHIKODE. ADVS. SRI.JACOB ABRAHAM FOR R4 SMT.KOCHUMOL KODUVATH FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.27535/2009 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the agreement executed between M/s. ESSAR Steel and the company dated 07.08.2009. Ext.P2: True copy of the representation dated nil. Ext.P3: True copy of the receipt issued from the office of the 1st respondent dated 28.09.2009. RESPONDENTS' EXHIBITS: Ext.R1(A): True photostat copy of the identity card issued to the 4th respondent by the Assistant Labour Officer, Feroke. Ext.R4(B): True photostat copy of the order dated 22.7.2008 issued by the Assistant Labour Officer, Feroke. Ext.R4(C): True photostat copy of the complaint wrongly dated 26.10.2009 sent by the Kozhikode District Head load & General Workers Union (INTUC) to the Assistant Labour Officer, Feroke. KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P. (C) NO. 27535 OF 2009 --------------------------------------------- Dated this the 29th day of October, 2009 JUDGMENT Kurian Joseph, J. This Writ Petition is filed with the following prayer: “To issue a writ of mandamus or any other writ, directing the respondents 1 to 3 to grant adequate and effective police protection for carrying out loading and unloading work in the stockyard of petitioner's company situated in Re-sy. No. 425/5 Naloor, Feroke, Kozhikode without any interference or obstruction from the 4th respondent and members of his union.” Since it is a work handled with the assistance of a crane, we passed an interim order on 1.10.2009 which reads as follows: “There will be an interim order as prayed for, since it is submitted that the loading and unloading can only be by way of mechanical process.” 2. Learned counsel for the 4th respondent submits that under the cover of the said order, the petitioner is engaging his own workers for other headload works, denying the legitimate right of the registered headload workers. It is also brought to our notice that the 4th respondent has already moved the Assistant Labour Officer, Feroke as per Ext.R4(c). W.P.(C) NO. 27535/2009 2 3. In the above circumstances, there will be a direction to the Assistant Labour Officer, Feroke to conduct conciliation on Ext.R4(c). We direct the petitioner and the 4th respondent to co-operate with the Assistant Labour Officer for conciliation. The interim order referred to above will continue till an order is passed by the Assistant Labour Officer. However, it is made clear that for other works which are to be handled manually, the petitioner shall engage the registered workers who are members of the union. The Writ Petition is disposed of as above. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C) NO. 27535/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO.27535/2009 JUDGMENT 29th October, 2009 W.P.(C) NO. 27535/2009 4