IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 WP(C).No. 28995 of 2007(B) ---------------------------------------- PETITIONERS: ---------------------- 1. ERNAKULAM DISTRICT TRANSPORT & GENERAL WORKERS UNION (INTUC), FISHING HARBOUR UNION, GOSHREE JUNCTION, KALAMUKKU, VYPIN, REGN.NO.456/1971 AND AFFILIATION NO.5051, REPRESENTED BY ITS GENERAL SECRETARY, K.U.GOPI (ARUN GOPI). 2. V.C.UNNIKRISHNAN, HEAD LOAD WORKER, ID CARD NO.7/04/11/2004, UNIT CONVENOR, FISHING HARBOUR UNIT OF ERNAKULAM DISTRICT FISHING & GENERAL WORKERS UNION (INTUC), FISHING HARBOUR UNIT, GOSHREE JUNCTION, KALAMUKKU, VYPIN. BY ADV. SRI.MILLU DANDAPANI RESPONDENTS: ------------------------- 1. THE SUB INSPECTOR OF POLICE, NJARAKKAL POLICE STATION, NJARAKKAL. 2. CIRCLE INSPECTOR OF POLICE, NJARAKKAL POLICE STATION, NJARAKKAL. 3. KALAMUKKU THARAKAN ASSOCIATION, KALAMUKKU-682 510, REPRESENTING BY ITS SECRETARY. 4. KALAMUKKU PHILSON FISHING HARBOUR UNIT, CITU, REPRESENTED BY ITS PRESIDENT, P.P.MANI. 5. KALAMUKKU PHILSON FISHING HARBOUR UNIT, BMS, REPRESENTED BY ITS PRESIDENT, P.RAJAN. BY GOVERNMENT PLEADER SRI. BENNY GERVASIS R3 BY ADV. SRI.T.A.SHAJI SRI.P.RAMAKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.NO.28995/2007 B APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF LABOUR CARD ISSUED TO 2ND PETITIONER BY LABOUR DEPARTMENT. EXT.P2: COPY OF NOTICE DTD. 23/08/2007 ISSUED BY 3RD RESPONDENT. EXT.P3: COPY OF LABOUR CARD ISSUED TO SRI.P.L.SURESH. EXT.P4: COPIES OF RECEIPTS ISSUED BY HEAD LOAD WORKERS TO THEIR EMPLOYERS. EXT.P5: COPY OF JUDGMENT DTD. 11/09/2007 OF THIS HONOURABLE COURT IN WP(C) NO.26238/2007 W. EXT.P6: COPY OF STATEMENT DTD. 22/09/2007 OBTAINED BEFORE THE ASSISTANT LABOUR OFFICER. EXT.P7: COPY OF OP TICKETS ISSUED TO THE MEMBERS OF THE FIRST PETITIONER UNION. EXT.P8: COPY OF COMPLAINT DTD. 24/09/2007 LODGED BY FIRST PETITIONER BEFORE THE FIRST RESPONDENT. EXT.P9: COPY OF PAPER CLIPPING. EXT.P9(A): COPY OF PAPER CLIPPING. EXT.P9(B): COPY OF PAPER CLIPPING. EXT.P9(C): COPY OF PAPER CLIPPING. 3RD RESPONDENT'S EXHIBIT: EXT.R3(A): COPY OF THE REGISTRATION CARD (IDENTITY CARD) ISSUED TO ONE OF THE REGISTERED EMPLOYEES IN THE KALAMUKKU PHILSON FISHING HARBOUR. 5TH RESPONDENT'S EXHIBIT: EXT.R5(A): COPY OF THE ORDER DTD. 9/10/07 IN H-5867/2007 OF THE DISTRICT LABOUR OFFICER, ERNAKULAM. /TRUE COPY/ P.A.TO JUDGE Kss K. BALAKRISHNAN NAIR & P.N. RAVINDRAN, JJ. --------------------------------------------------------------- W.P.(C).NO.28995 OF 2007-B -------------------------------------------------------------- Dated this the 24th day of January, 2008. JUDGMENT Balakrishnan Nair, J: The 1st petitioner is a trade union of headload workers. 2nd petitioner is one of its members. He is the convener of the local unit of the first petitioner. Respondents 4 and 5 are unions of headload workers of the same area. A dispute arose between the workmen represented by the 1st petitioner union and workmen represented by the 4th and 5th respondent unions regarding doing of loading and unloading work in Philson Fishing Harbour. Employers in the Harbour are represented by the 3rd respondent. Alleging that members of the 1st petitioner were doing work in that Harbour and now it is being obstructed by respondents 4 and 5 and police did not do anything to remove the obstruction, this writ petition is filed. Respondents 4 and 5 denied all the allegations of the petitioners. 2. It is common case that right to do work in the aforementioned Harbour is governed by Ext. R5(a) order of the District Labour WPC.NO.28995/2007 . 2 Officer dated 9.10.2007 passed under Section 21(4) of the Kerala Headload Workers Act. Until it is modified by the competent authority, the workers are bound by it. Members of the 1st petitioner and respondents 4 and 5 are entitled to do work as provided in Ext.R5(a). If anybody is causing obstruction to the same, concerned unions may inform respondents 1 and 2. In that event, the said officers shall remove the obstruction. This direction will remain in force till Ext.R5(a) remains in force. The writ petition is disposed of as above. K. BALAKRISHNAN NAIR, JUDGE P.N. RAVINDRAN, JUDGE. cl WPC.NO.28995/2007 . 3