IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 WP(C).No. 23031 of 2008(P) -------------------------- PETITIONER: ------------ ALWAYE HEAD LOAD AND GENERAL WORKERS UNION (INTUC),ISRO NALAM MILE UNIT, REG.NO.41176, REP;BY POOL LEADER, N.P.OUSEPPACHAN, NJEZHUVANGAL HOUSE, ERUMATHALA.P.O, CHUNANGAMVELY, NALAM MILE, NEAR ISRO, ALUVA-12. BY ADV. SRI.M.V.ANANDAN RESPONDENTS: ------------- 1. SUB INSPECTOR OF POLICE, ALUVA POLICE STATION, ALUVA. 2. CIRCLE INSPECTOR OF POLICE, ALUVA POLICE STATION, ALUVA. 3. SUPERINTENDENT OF POLICE (RURAL) ALUVA POLICE STATION, ALUVA. 4. CHAIRMAN, KERALA HEAD LOAD WORKERS WELFARE BOARD, ALUVA. 5. DISTRICT LABOUR OFFICER, CIVIL STATION, KAKKANADU, ERNAKULAM. 6. DISTRIC COLLECTOR, CIVIL STATION, KAKKANADU, ERNAKULAM. 7. YUSUF, THAMPUKKUDIYIL HOUSE, C/O.K.M.ABDUL RAHIMAN, ERUMATHALA.P.O, CHAKKAMKULANGARA ROAD, NALAM MILE, ALUVA-12. 8. M.A.KUNJU MUHAMMED, MEZHUKKATTIL HOUSE, ERUMATHALA.P.O, KURICHIPPADAM ROAD, NALAM MILE, ALUVA-12. WPC 23031/08 9. T.P.SHAMEER, THARAYIL HOUSE, ERMATHALA.P.O,NALAM MILE, ALUVA-12. 10. T.A.AFSAL, THINAMPURATH HOUSE, ERUMATHALA.P.O, NALAM MILE, ALUVA-12. BY ADV. SRI.JAISON JOSEPH FOR R7 TO10 SRI.M.N.SANJITH FOR R7 TO R10 SRI.RENIL ANTO KANDAMKULATHY,SC,KHLWWB SR.GOVT. PLEADER SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 23031/2008 APPENDIX EXT.P1 - TRUE COPY OF THE IDENTITY CARD (POOL REGISTRATION CARD) OF THE MEMBER OF PETITIONER'S UNION AS PER REG. NO.U/99/2226/07 ISSUED BY THE KERALA HEAD LOAD WORKERS WELFARE BOARD. EXT.P1(a) – TRUE COPY OF THE IDENTITY CARD (POOL REGISTRATION CARD) OF THE MEMBER OF PETITIONER'S UNION AS PER REG. NO.U/99/2224/07 ISSUED BY THE KERALA HEAD LOAD WORKERS WELFARE BOARD. EXT.P1(b) – TRUE COPY OF THE IDENTITY CARD (POOL REGISTRATION CARD) OF THE MEMBER OF PETITIONER'S UNION AS PER REG. NO.U/99/2228/07 ISSUED BY THE KERALA HEAD LOAD WORKERS WELFARE BOARD. EXT.P1(c) – TRUE COPY OF THE IDENTITY CARD (POOL REGISTRATION CARD) OF THE MEMBER OF PETITIONER'S UNION AS PER REG. NO.U/99/2225/07 ISSUED BY THE KERALA HEAD LOAD WORKERS WELFARE BOARD. EXT.P1(d) - TRUE COPY OF THE IDENTITY CARD (POOL REGISTRATION CARD) OF THE MEMBER OF PETITIONER'S UNION AS PER REG. NO.U/99/2227/07 ISSUED BY THE KERALA HEAD LOAD WORKERS WELFARE BOARD. EXT.P2 - TRUE COPY OF COMPLAINT DATED 16.6.2008 SUBMITTED BY THE GENERAL SECRETARY OF PETITIONER'S UNION BEFORE THE 4TH RESPONDENT. EXT.P2(a) - TRUE COPY OF RECEIPT FOR EXT.P2 COMPLAINT. EXT.P3 - TRUE COPY OF COMMUNICATION SENT BY THE CHAIRPERSON OF HEAD LOAD WORKERS WELFARE BOARD, ALUVA COMMITTEE TO THE 2ND RESPONDENT THROUGH THE PETITIONER. EXT.P4 - TRUE COPY OF REPRESENTATION DATED 15.7.08 SUBMITTED BY THE GENERAL SECRETARY BEFORE THE 1ST RESPONDENT. EXT.P5 - TRUE COPY OF REPRESENTATION DATED 19.07.08 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT. EXT.P6 - TRUE COPY OF COMPLAINT DATED 20.07.08 SUBMITTED BY THE GENERAL SECRETARY BEFORE THE 2ND RESPONDENT. EXT.P6(a) – TRUE COPY OF RECEIPT FOR EXT.P6. EXT.P7 - TRUE COPY OF COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ON 26.7.08. EXT.P7(a) – TRUE COPY OF RECEIPT FOR EXT.P7. EXT.P8 - TRUE COPY OF THE AGREEMENT DATED 04.08.2006. RESPONDENTS' EXTS. EXT.R7(1)a – TRUE PHOTO COPY OF THE IDENTITY CARD BEARING REGISTRATION NO.07/- 6/16/07 ISSUED BY THE ASSISTANT LABOUR OFFICER, ALUVA. EXT.R7(1)b – TRUE PHOTO COPY OF THE IDENTITY CARD BEARING REGISTRATION NO.07/06/33/07 ISSUED BY THE ASSISTANT LABOUR OFFICER, ALUVA. WPC 23031/08 EXT.R7(1)c - TRUE PHOTO COPY OF THE IDENTITY CARD BEARING REGISTRATION NO.07/06/34/07 ISSUED BY THE ASSISTANT LABOUR OFFICER, ALUVA. EXT.R7(1)d - TRUE PHOTO COPY OF THE IDENTITY CARD BEARING REGISTRATION NO.07/06/35/07 ISSUED BY THE ASSISTANT LABOUR OFFICER, ALUVA. EXT.R7(1)e – TRUE PHOTO COPY OF THE IDENTITY CARD BEARING REGISTRATION NO.07/06/50/07 ISSUED BY THE ASSISTANT LABOUR OFFICER, ALUVA. EXT.R7(1)f – TRUE PHOTO COPY OF THE IDENTITY CARD BEARING REGISTRATION NO.07/06/54/07 ISSUED BY THE ASSISTANT LABOUR OFFICER, ALUVA. EXT.R7(1)g – TRUE PHOTO COPY OF THE IDENTITY CARD BEARING REGISTRATION NO.07/06/55/07 ISSUED BY THE ASSISTANT LABOUR OFFICER, ALUVA. EXT.R7(1)h – TRUE PHOTO COPY OF THE IDENTITY CARD BEARING REGISTRATION NO.07/06/58/07 ISSUED BY THE ASSISTANT LABOUR OFFICER, ALUVA. EXT.R7(1)i – TRUE PHOTO COPY OF THE IDENTITY CARD BEARING REGISTRATION NO.07/06/59/07 ISSUED BY THE ASSISTANT LABOUR OFFICER, ALUVA. EXT.R7(1)j - TRUE PHOTO COPY OF THE IDENTITY CARD BEARING REGISTRATION NO.07/06/62/07 ISSUED BY THE ASSISTANT LABOUR OFFICER, ALUVA. EXT.R7(1)k – TRUE PHOTO COPY OF THE IDENTITY CARD BEARING REGISTRATION NO.07/06/63/07 ISSUED BY THE ASSISTANT LABOUR OFFICER, ALUVA. EXT.R7(1)l – TRUE PHOTO COPY OF THE IDENTITY CARD BEARING NO.07/06/64/07 ISSUED BY THE ASSISTANT LABOUR OFFICER, ALUVA. EXT.R7(2) – TRUE PHOTO COPY OF THE AGREEMENT DT. 05.03.2008. EXT.R7(3) – TRUE PHOTO COPY OF THE RECEIPT ISSUED BY RESPONDENT NO.4 ACKNOWLEDGING THE RECEIPT OF APPLICATION FOR REGISTRATION UNDER THE SCHEME. EXT.R7(4) – TRUE PHOTO COPY OF THE APPLICATION FOR REVIEW DT. 16.07.2008 SUBMITTED BEFORE RESPONDENT NO.4. /TRUE COPY/ K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO. 23031 OF 2008-P ----------------------------------------- Dated 28th August, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner is a Trade Union of Headload Workers. There are nine members in that Union and five among them have got further registration under the Headload Workers Scheme. They work at I.S.R.O. Fourth Mile. This being a scheme covered area, the persons who have got registration under the scheme are attached to Pool No.99, operating in that area. While so, about 50 persons under the leadership of respondents 4 to 10 trespassed into their area and started doing the work. This was in the context of the establishment of a new godown by L.G. Electronics. The petitioner moved various authorities as also police officers, seeking necessary help. The 4th respondent has addressed a communication to the 2nd respondent, a copy of which is produced as Ext.P3, requesting to render necessary protection to the WPC 23031/08 2 members of the petitioner for doing the work in their area. Even thereafter, no action is being taken by the police. Hence this Writ Petition, seeking appropriate reliefs. 2. The 7th respondent has filed a counter affidavit. He is the Secretary of the INTUC Union of headload workers in that area. Twelve members of that Union have registration under Rule 26A of the Kerala Headload Workers Rules. The said Union has also moved the 4th respondent for including its members in the pool of headload workers covered by the scheme. The District Labour Officer had convened a conciliation conference on the motion made by the 7th respondent and others on 15.7.2008. But, they could not participate in that meeting. So, they have filed Ext.R7(4) petition before the D.L.O., to reopen the conciliation proceedings. They say, they were doing the work for the last two years. 3. The 4th respondent supports the claim of the writ petitioner. The learned Government Pleader, upon instructions, submitted that the members of the Union represented by the petitioner are entitled to do the work there, as per law. But, this being a labour dispute the police WPC 23031/08 3 did not interfere. 4. In a labour dispute, the police cannot decide the claim of the parties, render a finding regarding their right and grant protection to one or the other party. In this case, the claim of the petitioner is supported by the 4th respondent. Therefore, the members of Pool No.99 under the 4th respondent are entitled to get police protection to do the work in that area. If anybody causes any obstruction, the petitioner may inform the 1st respondent. In that event the said respondent shall remove the obstruction. But, it is made clear that the stand of the 4th respondent is not final or binding on respondents 7 to 10. They can establish their claim before the statutory authorities under the Headload Workers Act, to do the work there. This direction will not, in any way, affect the powers of the authorities under the Headload Workers Act to adjudicate the claim raised by respondents 7 to 10. If there is any order passed by the statutory authority in favour of the said respondents, the direction to grant police protection issued in this WPC 23031/08 4 judgment will be subject to such orders of the statutory authorities. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/