IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 9TH NOVEMBER 2010 / 18TH KARTHIKA 1932 WP(C).No. 33266 of 2010(G) ----------------------------------------- PETITIONER(S): ------------------------- KERALA CEMENT DEALERS ASSOCIATION, KOZHIKODE DISTRICT COMMITTEE S.F.8, VYAPARA BHAVAN, BANK ROAD, CALICUT REPRESENTED BY ITS GENERAL SECRETARY O.N.ABDUL LATIF. BY ADVS. SRI.R.BINDU (SASTHAMANGALAM), SRI.PRASANTH M.P SRI.P.M.HARRIS. RESPONDENT(S): --------------------------- 1. CITY COMMISSIONER OF POLICE, KOZHIKODE - 673 101. 2. THE DISTRICT COLLECTOR, KOZHIKODE - 673 101. 3. INSPECTOR GENERAL OF POLICE, NORTH ZONE, KOZHIKODE - 673 101. 4. C.P.RASHEED, CONVENOR, GOODSHED WORKERS CO-ORDINATION COMMITTEE, WEST HILL - KALLAI, KOZHIKODE - 673 003. 5. C.I.T.U, KALLAI RAILWAY GOODSHED WORKERS UNION, KALLAI,KOZHIKODE, REPRESENTED BY ITS SECRETARY 673 003. Kss ..2/- ..2... WPC.NO.33266/2010 G 6. I.N.T.U.C., KALLAI RAILWAY GOODSHED WORKERS UNION, KALLAI, KOZHIKODE, REPRESENTED BY ITS SECRETARY 673 003. 7. S.T.U., KALLAI RAILWAY GOODSHED WORKERS UNION, KALLAI, KOZHIKODE, REPRESENTED BY ITS SECRETARY 673 003. 8. THE ASSISTANT LABOUR OFFICER, KOZHIKODE 673 101. 9. STATE OF KERALA, REPRESENTED BY SECRETARY TO HOME AFFAIRS, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. R1 TO R3, R8 & R9 BY GOVERNMENT PLEADER SRI. T.K.VIPINDAS R4 BY ADVS. SRI.VINOD SINGH CHERIYAN, SRI.R.SUDHISH, SMT.M.MANJU, SRI.K.R.RANJITH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.33266/2010 G APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE AGREEMENT DTD. 12/05/2008. P2: COPY OF THE COMPLAINT GIVEN TO THE SUB INSPECTOR OF POLICE, NADAKKAVU POLICE STATION DTD. 19/10/2010. P3: COPY OF THE COMPLAINT GIVEN BY M.ASHARAF DTD. 19/10/2010 TO THE SUB INSPECTOR OF POLICE, ELATHOOR. P4: COPY OF THE COMPLAINT GIVEN BY ABDUL LATIF TO THE BEYPORE POLICE STATION. P5: COPY OF THE COMPLAINT GIVEN BY ONE STEPHEN TO THE ELATHOOR POLICE DTD. 19/10/2010. P6: COPY OF THE REPRESENTATION DTD. 15/10/2010. P7: COPY OF THE LETTER SENT BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT DTD. 15/10/2010. P8: COPY OF THE REPRESENTATION DTD. 20/10/2010. P9: COPY OF THE LETTER DTD. 18/10/2010. RESPONDENT'S EXHIBITS: R4(A): COPY OF THE WORK AGREEMENT ENTERED BETWEEN THE WEST HILL GOOD SHED EMPLOYEES REPRESENTATIVES AND THE PETITIONERS, DTD. 16/09/2008. R4(B): COPY OF THE REPRESENTATION MADE BY R4 TO THE PETITION DTD. 20/07/2010. R4(C): COPY OF WORK AGREEMENT WAS ENTERED BETWEEN THE REPRESENTATIVES OF THE KALLAI GOOD SHED WORK EMPLOYERS DTD. 12/05/2008. R4(D): COPY OF THE NOTICE GIVEN BY CHAIRMAN OF KERALA HEAD LOAD WORKERS BOARD DTD. 20/10/2010. /TRUE COPY/ P.A.TO JUDGE Kss K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.33266 of 2010 ---------------------------------------- Dated this the 9th day of November 2010 J U D G M E N T K.M.JOSEPH,J The petitioner has approached this Court seeking the following reliefs: i) Issue a writ of mandamus or any other appropriate writ, direction or orders, directing the respondents 1 to 3 to give sufficient adequate and effective police protection to the cement dealers in Kozhikode District for loading and unloading cement to and from their godowns and also for transporting cement in Kozhikode district. ii) Issue a writ of mandamus or any other appropriate writ, direction or orders, directing the 1st respondent to take sufficient and adequate steps to prevent causing damages to the vehicles transporting cement in Kozhikode District by the members of the respondent Union 5 to 8. iii) Issue a writ of mandamus or any other appropriate writ, direction or order directing the 1st respondent to enquire into and to take W.P.C.No.33266 of 2010 2 prompt and effective actions on Exts.P3 to P6 crimes registered in the respective police stations. 2. Briefly put, the case of the petitioner is as follows: 3. Petitioner is a registered Association of cement dealers in Kozhikode district. The nature of the business activities involves stocking of cement sacks in godown and transporting the same to the suppliers in and around Kozhikode city. There is an existing agreement between the petitioner association and the railway goodshed workers union with regard to the loading and unloading of cement sacks from the goods wagons at the West Hill - Kallai railway goodshed. Ext.P1 is the agreement dated 12/5/2008 which expires on 12/11/2010. There are negotiations going on between the representatives of the petitioner association as well as respondents 5 to 8 (must be 4 to 7). The further allegation is that the agreement relates to loading and unloading within the railway goodshed premises only. The complaint is that the members of respondents 4 to 7 have started to threaten the members of the petitioner Association demanding that the Association should accept their demands in toto while renewing the agreement. The petitioner W.P.C.No.33266 of 2010 3 has informed that the issue could be sorted out in the presence of the Assistant Labour Officer, Kozhikode; but the members of the Unions have started to obstruct the loading and unloading of cement from the godown of the dealers into their vehicles. Further, they have waylaid the vehicles which have been transporting cement and causing extensive damage to the vehicles as well as the goods carried therein. Incidents were promptly reported to the police station. Ext.P2 is the complaint of the driver of the lorry. There are similar incidents. Exts.P3 to P5 are complaints given by the drivers. Petitioner Association filed Ext.P6 representation. Again it is followed by Ext.P8 representation. Ext.P8(a) is the letter signed by the 4th respondent who is the Convener of the Goodshed workers' Co- ordination Committee which met on 20/07/2010 to achieve the demands put forward by them. 4. Counter affidavit is filed by the 4th respondent. The respondents would inter alia state as follows. There were 321 loading and unloading workers at the West Hill section and 72 workers at Kallai section. Reference is made to another agreement entered into on 16/09/2008. Similar agreement with W.P.C.No.33266 of 2010 4 respect to loading and unloading of cement from the goods wagon at Kallai alone is produced by the petitioner as Ext.P1. The petitioner has purposefully suppressed the work agreement with respect to the West Hill section. The said agreement was executed on 16/09/2008. It is stated that as per the decision of the Head Load Workers Board, 32 workers were shifted from West Hill to Kallai Section. Ext.R4(a) is the copy of the agreement which was already ended on 15/09/2010. The workers submitted Ext.R4(b) representation seeking enhancement of wages from Rs.1.90 to Rs.6/- per sack. A new agreement has to be executed. Ext.R4(c) produced is the agreement in respect of 108 employees for a period of 30 months from 13/5/2008. The writ petition is filed as a pressure tactics to compel the workers to do the loading and unloading work at the existing rate of Rs.1.90/- per sack. It is stated that joint meetings were convened by the Chairman of the Head load workers Board because of the adamant stand taken by the petitioner association. The godowns of the petitioner association are situated far away from the West Hill and Kallai good shed, the work place of these employees. It is absolutely false to say that W.P.C.No.33266 of 2010 5 they have waylaid the vehicles in which were transporting the cement. Exts.P2 to P5 are false complaints. Ext.P6 representation to the District Collector contains vague allegations. 5. We have heard the learned counsel for the petitioner, learned counsel for the party respondents and the learned Government Pleader. The complaint of the petitioner essentially relates to obstruction by members of respondents 4 to 7 in doing the work of loading and unloading cement to and from their godown and also in transporting cement in Kozhikode district. The agreements with the party respondents relate to the loading and unloading work to be done in the railway good sheds is their case. It is the case of the petitioner that the party respondents have no right to do loading and unloading work in the godowns. It is the case of the petitioner that loading and unloading work in the godowns is being done with the help of registered workers in the area. 6. The learned counsel for the party respondents would reiterates the contentions in the counter affidavit and would submit that the filing of the writ petition is only a pressure W.P.C.No.33266 of 2010 6 tactics to compel the workers to accept the terms of employment not acceptable otherwise to the respondents. They would deny the allegations of obstruction or causing damage. It is stated that the godowns are located at far away places. The learned Government Pleader would point out that vehicles which are located away from the good sheds have been damaged and six crimes have been registered. It is also submitted by the learned Government Pleader that the assailants are said to be unidentified persons. 7. We record the submission of the learned counsel for the party respondents that they will not cause any obstruction to the loading and unloading of cement from the godown of the cement dealers and for transporting cement in Kozhikode district. If, contrary to the said submission, the petitioner brings forth any complaint to the 1st respondent of any such threat from members of respondents 4 to 7, the 1st respondent shall take prompt action to give protection as against any obstruction of loading and unloading cement from the godowns of the cement dealers and for transporting the same in Kozhikode district by respondent s4 to 7. We further make it clear that this would be W.P.C.No.33266 of 2010 7 without prejudice to the right of the party respondents to agitate peacefully and seek enhancement of wages or any other conditions of service which they feel entitled to, so long as they do not obstruct the work of the petitioner. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.33266 of 2010 8 W.P.C.No.33266 of 2010 9 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010