IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 WP(C).No. 12287 of 2010(I) -------------------------- PETITIONER(S): --------------- 1. JILLA CHUMATTU THOZHILALI CONGRESS INTUC (1),REGNO.01-05-2007,KALLINGAL- THRIPPADAPURAM UNIT REPRESENTED BY IT'S CONVENOR RAJACHANDRAN NAIR K.P.RESIDING AT KURUNGUDY HOUSE, THRIPPADAPURAM, KULATHOOR P.O.,TRIVANDRUM. 2. ALL KERALA HEADLOAD WORKERS' UNION (AITUC),REG.NO.01/11/88,KALLINGAL THRIPPADAPURAM UNIT REPRESENTED BY IT'S CONVENOR RAMLAL V. RESIDING AT VILAVILAKATHU VEEDU,KALLINGAL,' KULATHOOR P.O.,TRIVANDRUM. 3. THIRUVANANTHAPURAM JILLA GENERAL MAZDOOR SANGHAM(BMS)REG.NO.56/82,KALLINGAL-THRIPPADAPURAM UNIT REPRESENTED BY IT'S CONVENOR SHAJI S, RESIDING AT SINDHU BHAVAN,THRIPPADAPURAM, KALATHOOR P.O.,TRIVANDRUM. BY ADV. SRI.THOMAS ABRAHAM SRI.DIPU.R SMT.MERCIAMMA MATHEW SRI.K.S.HARIDAS SRI.V.RENJITH KUMAR RESPONDENT(S): --------------- 1. DISTRICT LABOUR OFFICER, TRIVANDRUM. 2. ASSISTANT LABOUR OFFICER, TRIVANDRUM 2ND CIRCLE, KAZHAKKOOTTAM, TRIVANDRUM. 3. BABU CONVENOR, TRIVANDRUM DISTRICT HEAD LOAD AND GENERAL WORKERS' UNION, (CITU), ATTINKUZHI UNIT, KAZHAKKOOTTAM,TRIVANDRUM. WP(C).No. 12287 of 2010(I) : 2 : 4. SELVARAJ, CONVENOR, TRIVANDRUM DISTRICT HEAD LOAD AND GENERAL WORKERS' UNION,(CITU), MUKKOLACKAL UNIT, KULATHOOR P.O. TRIVANDRUM. 5. SHAJI,CONVENOR, TRIVANDRUM DISTRICT HEAD LOAD AND GENERAL WORKER'S UNION,(CITU)' KULATHOOR P.O. TRIVANDRUM. 6. CONVENOR,HEAD LOAD AND GENERAL WORKERS' UNION (CITU) KALLINGAL THRIPPADAPURAM UNIT, THRIPPADAPURAM,KULATHUR P.O., TRIVANDRUM. 7. M/S.TECHNO PARK, KARIYAVATTOM, TRIVANDRUM REPRESENTED BY IT'S CHIEF EXECUTIVE OFFICER. 8. MANAGER, LARSEN AND TOUBRO LIMITED, TECHNO PARK PHASE III CONSTRUCTION SITE, KARIYELA - KOSAMUTTAM, KULATHOOR P.O., TRIVANDRUM. 9. R.BAIJU, S/O.RAGHAVAN, 'SREELAKSHMI' MALAMEL PARAMPU, KANIYAPURAM, TRIVANDRUM. 10. REGIONAL JOINT LABOUR COMMISSIONR, KOLLAM (APPELLATE AUTHORITY UNDER SECTION 21(6) OF THE KERALA HEAD LOAD WORKER'S ACT) ADV. SRI.ASOK M.CHERIAN FOR 3 TO 5 SRI.T.RAJASEKHARAN NAIR FOR R8 SRI.P.A.AHAMMED FOR R7 SR.GOVERNMENT PLEADER SRI.K.S.MUHAMED HASHIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 12287 of 2010(I) APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE SAMPLE IDENTITY CARD. EXT.P2. TRUE COPY OF THE ROUGH SKETCH EXT.P3. TRUE COPY OF THE PETITION DATED 13.1.2010 SUBMITTED BEFORE THE DLO EXT.P4. THE TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER UNIONS BEFORE THE POLICE AUTHORITIES SEEKING POLICE PROTECTION AS EARLY AS ON 13.1.2010. EXT.P5. TRUE COPY OF THE JUDGMENT DATED 29.1.2010 EXT.P6. TRUE COPY OF THE ORDER DATED 30.3.2010 ISSUED BY THE D.L.O, TRIVANDRUM EXT.P7. TRUE COPY OF OTHE APPEAL DATED 5.4.2010 EXT.P7(a) TRUE COPIES OF AFFIDAVIT AND STAY PETITION DATED 5.4.2010. / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.12287 of 2010 ----------------------------------------- Dated this the 16th day of June, 2010 JUDGMENT Ext.P6 order passed by the District Labour Officer, Trivandrum under section 21(4) of the Kerala Headload Workers Act, 1978 is under challenge in this writ petition. 2. The pleadings disclose that aggrieved by Ext.P6 the petitioners have filed Ext.P7 appeal together with Ext.P7(a) stay petition before the Regional Joint Labour Commissioner, Kollam, the appellate authority constituted under the Kerala Headload Workers Act, 1978. In my opinion as the petitioners have an effective and meaningful remedy by way of appeal and have invoked the appellate remedy, they should prosecute the appeal instead of seeking the intervention of this Court at this stage. It is also brought to my notice that the appeal stands posted before the appellate authority for hearing on 15.7.2010. In such circumstances I dispose of the writ petition with the following directions:- The 10th respondent, the Regional Joint Labour Commissioner Kollam shall endeavour to dispose of Ext.P7 appeal, after notice to and affording the parties thereto a reasonable opportunity of being heard, expeditiously and in any event within one month from 15.7.2010. If, W.P(C).No.12287 of 2010 -:2:- for any reason the appellate authority is not in a position to dispose of the appeal, the appellate authority shall consider Ext.P7(a) application for stay after notice to and affording the parties to the appeal a reasonable opportunity of being heard, within one month from the date on which the petitioners produce a copy of this judgment before the 10th respondent. The contentions of both sides on the merits are kept open. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.12287 of 2010 ---------------------------- JUDGMENT 16th June, 2010