IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 WP(C).No. 26315 of 2011(L) -------------------------- PETITIONERS: -------------------- 1. M/S CARGO CARE INTERNATIONAL OPP.EKM WHARF MAIN GATE,A.V.GEORGE BUILDING W.ISLAND, COCHIN-682003. 2. M/S CAPITHAN AGENCIES,CCHAA BLDG. INDIRA GANDHI ROAD,W.ISLAND,COCHIN-682009. 3. M/S COCHIN AIR CARGO CLEARING HOUSE, 24/1290,VOLTAS BLDG.,NEAR TERMINUS RAILWAY STATION W.ISLAND,COCHIN-682003. 4. M/S P.T.VARGHESE & CO,POTHEN JOSEPH BUILDING,5TH CROSS ROAD,W.ISLAND,COCHIN-682003. 5. M/S PREMIER SHIPPING AGENCIES, IST FLOOR,AGHIL BUILDING,INDIRA GANDHI ROAD, W.ISLAND,COCHIN-03. 6. M/S RUBY CARGO SERVICE,OPP.H.M.L.INDIAN INDUSTRIES BLDG,BRISTOW ROAD,W.ISLAND,COCHIN-03. 7. M/S ACT INFRAPORT LTD,AIR LINKS HOUSE, PLOT NO.49,VENKITARAMAN ROAD,W.ISLAND, COCHIN-682003. 8. M/S M.NOOMAN,24/1392,E.K.MOHAMMED BUILDING,SUBRAMANIAN ROAD,W.ISLAND,COCHIN-682003. BY ADVS. SRI.V.K.SATHYANATHAN SRI. V.VIJITHA. SRI. BABY M.A. RESPONDENTS: --------------------- 1. STATE OF KERALA,REPRESENTED BY ITS SECRETARY,DEPARTMENT OF LABOUR,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001. 2. THE CHAIRMAN,KERALA HEAD LOAD WORKERS WELFARE BOARD,COCHIN PORT TRUST AREA COMMITTEE, WILLINGTON ISLAND, D L B JUNCTION,KOCHI-682003. 3. THE REGIONAL JOINT LABOUR COMMISSIONER, OFFICE OF THE REGIONAL JOINT LABOUR COMMISSIONER, 4TH FLOOR,CIVIL STATION BUILDING,KAKKANAD, ERNAKULAM-682030. R1 & R3 - BY GOVERNMENT PLEADER SRI. G. GOPAKUMAR. R2 – BY ADV. SRI. KOSHY GEORGE, SC, KHLWWB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SCL. WP(C).No. 26315 of 2011(L) APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF ORDER NO.C-8174/2010 DATED 29.7.2011 PASSED BY THE DISTRICT LABOUR OFFICER, ERNAKULAM. P2: TRUE COPY OF LETTER NO.D1 2589/11 DATED 18.8.2011 BY THE 2ND RESPONDENT. P3: TRUE COPY OF THE LEGAL NOTICE DATED 29.8.2011. P4: TRUE COPY OF THE MEMORANDUM OF THE APPEAL FILED BEFORE THE HONOURABLE JOINT LABOUR COMMISSIONER. P5: TRUE COPY OF THE LETTER NO.2589/11 DATED 15.9.2011 BY THE 2ND RESPONDENT. P6: TRUE COPY OF THE LEGAL NOTICE DATED 26.9.2011. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// PA TO JUDGE SCL. P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.26315 of 2011 ----------------------------------------- Dated this the 13th day of October, 2011 JUDGMENT The petitioners are Custom House Agents. The petitioners along with others had earlier filed W.P.(C) No.30090 of 2010 in this Court challenging the revision of wages payable to head load workers introduced by the Kerala Headload Workers Welfare Board with retrospective effect from 1.1.2010. By judgment delivered on 30.9.2010 in W.P.(C) No.30090 of 2010, a learned single Judge of this Court held that the petitioners have an alternate remedy under section 21 of the Act and should raise a dispute in terms thereof before the appropriate authority. This Court also directed that till the appropriate authority takes a decision in the matter, the Kerala Headload Workers Welfare Board, Cochin Port Trust Area Committee, the second respondent therein, shall not take coercive steps to recover the enhanced wages with retrospective effect. The petitioners herein and others accordingly moved the District Labour Officer, Ernakulam who by Ext.P1 order dated 29.7.2011 upheld the revision of W.P(C).No.26315 of 2011 -:2:- wages with retrospective effect. Aggrieved by Ext.P1, the petitioners have filed Ext.P4 appeal accompanied by an application seeking a stay of operation of the order passed by the District Labour Officer and the decision of the Kerala Headload Workers Welfare Board revising the wages with retrospective effect. This writ petition is filed mainly seeking a disposal of the appeal and stay petition and also a stay of the revised wages with retrospective effect till 30.6.2010. It is contended that as the petitioners have already filed an appeal in terms of the provisions contained in the Kerala Head load Workers Act, 1978 before the Regional Joint Labour Commissioner, Ernakulam, along with an application for stay and the head load workers are being paid revised wages with effect from 1.7.2010, recovery of arrears till 30.6.2010 may be kept in abeyance and the appellate authority may be directed to dispose of the appeal expeditiously. 2. I heard Sri.V.K.Sathyanathan, learned counsel appearing for the petitioners and Sri.Koshy George, learned standing counsel appearing for the Kerala Head load Workers Welfare Board. The learned standing counsel appearing for the Kerala Head load Workers Welfare Board submitted that large amounts are due from the petitioners by way of arrears of wages W.P(C).No.26315 of 2011 -:3:- for the period from 1.1.2010 to 30.6.2011 and in view of Ext.P1 order by which the decision of the Kerala Head load Workers Welfare Board has been upheld, the petitioners may be directed to deposit a portion of the said amount as a condition for stay pending disposal of the appeal. The learned counsel for the petitioners, on the other hand, submitted that the petitioners will deposit one-third of the amount demanded, within a period of two weeks from today and on such deposit being made, the appellate authority may be directed to dispose of the appeal and the recovery of the balance amount may be stayed till such time. The learned standing counsel appearing for the Kerala Head load Workers Welfare Board did not oppose the said request. In such circumstances, I dispose of the writ petition with the following directions:- i) The petitioners shall, within two weeks from today, deposit with the third respondent one-third of the amount due from them by way of arrears of wages from 1.1.2010. Upon deposit of the said amount, recovery of the balance amount pursuant to the impugned wage revision shall be kept in abeyance until disposal of Ext.P4 appeal. ii) The petitioners shall however pay the revised W.P(C).No.26315 of 2011 -:4:- wages with effect from 1.7.2010 and if any amount is in arrear after 1.7.2010, the same shall also be paid. iii) In the event of the petitioners depositing one- third of the amount demanded within two weeks from today and producing the receipt evidencing payment along with a copy of the judgment, the first respondent shall hear Ext.P4 appeal and pass appropriate orders thereon with notice to the petitioners and the third respondent, expeditiously and in any event, within three months from the date on which the petitioners deposit one-third of the amount demanded. iv) Needless to say, in the event of the petitioners depositing one-third of the amount demanded, the third respondent shall allot Head load workers to the petitioners. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.26315 of 2011 ---------------------------- JUDGMENT 13th October, 2011