IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 13TH JUNE 2011 / 23RD JYAISHTA 1933 WP(C).No. 14008 of 2011(A) ---------------------------------------- PETITIONER(S): ------------------------- 1. P.SHOWKATH ALI, POOL LEADER, HEADLOAD WORKER'S POOL NO.1 B, KUNTHIPUZHA, MANNARKKAD P.O, PALAKKAD DISTRICT. 2. ASGAR ALI, UNIT SECRETARY,CITU HEADLOAD WORKER'S 1 B POOL, KUNTHIPUZHA, MANNARKKAD PO, PALAKKAD DISTRICT. BY ADV. SRI.P.K.VIJAYAMOHANAN RESPONDENT(S): -------------------------- 1. THE SUPERINTENDENT OF POLICE, PALAKKAD .PIN- 678 001. 2. THE CIRCLE INSPECTOR OF POLICE, MANNARKKAD.PIN- 678 582. 3. THE SUB INSPECTOR OF POLICE, MANNARKKAD PIN- 698 582. 4. THE KERALA HEADLOAD WORKER'S WELFARE BOARD PALAKKAD DISTRICT COMMITTEE,PALAKKAD-14, REP.BY ITS CHAIRMAN.PIN- 678 014. 5. ABDUL ASEEZ.K, S/O.MOHAMMEDKUTTY, KANAKAPPARA,PACHIRI KUNTHIPUZHA, MES COLLEGE POST, PALAKKAD.PIN- 678 001. 6. NAZAR.K,S/O.MOHAMMED, KAIPPOMKANNI HOUSE, KUNTHIPUZHA, MES COLLEGE POST, PALAKKAD .PIN- 678 001. sts 2/- -2- WP(C)NO.14008/2011 7. SAITHU.C.P.S/O.MOHAMMED,PEEDIKAKKAL HOUSE,KUNTHIPUZHA, MES COLLEGE POST, PALAKKAD.PIN- 678 001. 8. K.K.ASAINAR, S/O.ABDUKUTTY, KALLARAMOZHIYAN HOUSE, KUNTHIPUZHA, MES COLLEGE POST, PALAKKAD.PIN- 678 001. 9. K.ASSAINAR,S/O.HAMZA,KATTIKUNNAN HOUSE,KUNTHIPUZHA, MES COLLEGE POST,PALAKKAD PIN- 678 001. R1 TO R3 BY GOVERNMENT PLEADER SMT.C.M. CHARISMA R4 BY ADV. SRI.KOSHY GEORGE, SC, KHLWWB R5 TO R9 BY ADV. SRI.V.K.MOHAMMED YOUSUF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts 3/- -3- WP(C)NO.14008/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE IDENTITY CARD ISSUED BY THE REGISTERING AUTHORITY UNDER THE KERALA HEADLOAD WORKERS WELFARE BOARD TO THE 1ST PETITIONER. P2 COPY OF THE IDENTITY CARD ISSUED BY THE REGISTERING AUTHORITY UNDER THE KERALA HEADLOAD WORKERS WELFARE BOARD TO THE 2ND PETITIONER. P3 COPY OF THE MINUTES OF THE MEETING OF THE KERALA HEADLOAD WORKERS WELFARE BOARD, PALAKKAD DISTRICT COMMITTEE HELD ON 28/04/2011 IN RESPECT OF ITEM NO.39. P4 COPY OF THE REPRESENTATION DATED 21/05/2011 FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT WITH COPY TO RESPONDENTS 2 & 3. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.14008 of 2011 ------------------------------------------- Dated this the 13th June, 2011 JUDGMENT Basant, J. The petitioners have come to this Court seeking issue of directions to respondents 1 to 3 against illegal obstruction caused to them in their work by respondents 5 to 9. 2. The petitioners claim to be headload workers belonging to Pool - 1B at Kunthipuzha, Mannarkkad P.O., Palakkad District. Respondents 5 to 9 are headload workers belonging to Pool-1A. There are certain disputes between the workers belonging to Pool-1A and workers belonging to Pool-IB. The fourth respondent Board, the deemed employer had stipulated Ext.P3 arrangement, after discussions with all concerned as seen in Ext.P3. As per the said arrangement, three specified days of work every week is to be allotted to members of Pool-1A where as three remaining days are to be allotted to workers of Pool-1B. Sunday being a holiday. The petitioner is WPC No.14008 of 2011 2 evidently dissatisfied with Ext.P3 arrangement. It is submitted that respondents 5 to 9 have already challenged Ext.P3 order and the challenge is pending before another Bench (Single Bench) of this Court as WPC No.13798 of 2011. No interim orders have been issued in favour of respondents 5 to 9. 3. The learned counsel for respondents 5 to 9 submits that Ext.P3 order is without any legal basis or authority. The same is hence challenged. 4. We have considered all the relevant inputs. We do not intend to express any opinion on the validity of Ext.P3 sitting as a Court exercising police protection jurisdiction. We note that Ext.P3 has already been challenged and the challenge is pending before this Court. We are in these circumstances satisfied that if there is no contra direction by any competent authority, Ext.P3 deserves to be given effect to. The work should not be interrupted and the work in accordance with Ext.P3 must be permitted to go on until the challenge against the same is disposed of in accordance with law. We are in these circumstances satisfied that the prayer of the petitioner to get work WPC No.14008 of 2011 3 carried on in accordance with Ext.P3 deserves to be allowed notwithstanding the objections of respondents 5 to 9. We are satisfied that this writ petition can now be disposed of without waiting for the final decision in Writ Petition No.13798 of 2011. 5. In the result, a) This writ petition is allowed. b) Respondents 1 to 3 are directed to afford police protection to the petitioner to do work in terms of Ext.P3 order against any obstruction that may be raised by respondents 5 to 9. 6. We make it clear that this direction for police protection can have effect only so long as Ext.P3 remains in force. Parties shall abide by any directions that may be issued by the Bench dealing with Writ Petition No.13798 of 2011. sd/- R.BASANT JUDGE sd/- K.SURENDRA MOHAN JUDGE css/ true copy P.S.TO JUDGE WPC No.14008 of 2011 4 WPC No.14008 of 2011 5 R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.14008 of 2011 ------------------------------------------- Dated this the 3rd June, 2011 ORDER Basant, J. Service is complete. But there is no appearance for respondents 5 to 9. The fourth respondent appears through their counsel. The submissions of the learned counsel for the petitioners as also the learned standing counsel for the fourth respondent reveal that directions have been issued by the Chairman of the Kerala Headload Workers Welfare Board vide Ext.P3 entitling the workers of Pool-IB and Pool-IA to work three days of a week, Sunday being a holiday. The learned standing counsel for the fourth respondent submits that Ext.P3 is bound to be respected by all concerned. It is brought to our notice that there has been challenge against Ext.P3 and Writ Petition No.13798 of 2011 is pending before another Bench (Single Bench) of this Court. 2. The eighth respondent herein has preferred that petition, it is submitted. But, before us, there is no WPC No.14008 of 2011 6 appearance for respondent No.8. We are in these circumstances satisfied that interim directions can be issued and the matter can be posted for hearing and disposal to another day with specific directions to the counsel for the petitioner to give notice to the counsel for the 8th respondent appearing in the said writ petition. 3. Call this writ petition again on 10.6.2011. The learned counsel for the petitioners shall give notice of this petition, by way of abundant caution to counsel for the eighth respondent herein who has preferred the writ petition referred above. 4. Till then there shall be an interim order. The police shall afford protection to the petitioner to work in implementation of Ext.P3 decision. sd/- R.BASANT JUDGE sd/- K.SURENDRA MOHAN JUDGE css/