IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 WP(C).No. 3924 of 2010(M) ------------------------------------- PETITIONER(S): ---------------------- DR.SASI ELOOR, UNIDEC JOINT VENTURE, ENGINEERING CONTRACTOR, RESIDING AT ELOOR HOUSE, KOLANCHERRY PO, ERNAKULAM-682 311. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU SRI.A.R.NIMOD SRI.C.A.ANOOP RESPONDENT(S): -------------------------- 1. THE CHIEF ENGINEER(CIVIL CONSTRUCTION) SOUTH, KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM,THIRUVANANTHAPURAM- 695 004. 2. THE SUB INSPECTOR OF POLICE, VELLATHOOVAL, DEVIKULAM, IDUKKI. 3. IDUKKI DISTRICT PROJECT AND CONSTRUCTION WORKERS UNION(CITU) REPRESENTED BY ITS SECRETARY, ANCHAL, IDUKKI. R1 BY STANDING COUNSEL SRI.P.P.THAJUDEEN R2 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS R3 BY ADV. SRI.SOORAJ T.ELENJICKAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.3924/2010 APPENDIX PETITIONER'S EXHIBITS EXT.P1.TRUE COPY OF THE AGREEMENT ENTERED BETWEEN THE PETITIONER AND THE FIRST RESPONDENT DATED 15.7.2009. EXT.P2. TRUE COPY OF THE NOTICE ISSUED BY THE THIRD RESPONDENT TO THE PROJECT MANAGER OF THE PETITIONER DATED 2.2.2010. EXT.P3.TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 3.2.2010. RESPONDENT'S EXHIBITS EXT.R3A.TRUE COPY OF THE LIST OF WORKERS ATTACHED TO THE THIRD RESPONDENT UNION. EXT.R3B.TRUE COPY OF THE MEMORANDUM OF SETTLEMENT ISSUED FROM THE OFFICE OF THE DISTRICT LABOUR OFFICER, KOTTAYAM. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.3924 of 2010 ---------------------------------------------- Dated, this the 19th day of March, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached seeking the following reliefs: i) to issue a writ in the nature of mandamus directing the second respondent to afford adequate police protection to the petitioner to complete all the work in connection with the execution of Sengulam Augmentation Scheme (85 MU) with the aid of his own skilled labourers and technicians; ii) to issue a writ in the nature of mandamus directing the second respondent to consider Ext.P3 on merits expeditiously and take appropriate action against the members of the third respondent union and their henchmen for obstructing the smooth progress of the work undertaken by Ext.P1; iii) to declare that the members of the third respondent union have no right to claim any exclusive privilege to do the work when the petitioner has his own skilled labourers and technicians to operate the machinery for the excavation work and driving of tunnel of 7 kilometers in length. 2. Briefly put, the case of the petitioner is as WPC 3924/2010 -2- follows:-- Petitioner has been entrusted with the task of construction of concrete gravity weir across western Kallar, intake arrangements, diversion tunnel, exit channel and access roads in connection with the execution of Sengulam Augmentation Scheme (85 MU) undertaken by the Kerala State Electricity Board. It is stated that the intention of the work is to divert water to the Sengulam reservoir to facilitate production of 85 million units of electricity. Petitioner has to complete the work in accordance with the specifications and conditions within the stipulated time. The estimated cost of the work is Rs.41 crores, it is submitted. According to the petitioner, skilled workers and technicians alone can do the work. It is stated that when the petitioner started the work the members of the 3rd respondent obstructed it. 3. A counter affidavit is filed by the 3rd respondent. 4. We heard the learned counsel for the parties. Learned counsel for the 3rd respondent would submit that as far as unskilled workers are concerned a claim is raised by them. He referred to Ext.R3(a) list of workers attached to the 3rd respondent union and Ext.R3(b) which is the memorandum of settlement in respect of another project. WPC 3924/2010 -3- 5. Learned counsel for the 3rd respondent, however, is not able to point out any legal right on the basis of which the workers of the 3rd respondent can obstruct the petitioner. There is no agreement, there is no statutory basis for their obstruction. In other words, their obstruction is without any basis at all. Such obstruction is illegal and cannot be permitted and the petitioner is justified in approaching this Court. Accordingly, the writ petition is disposed of directing the second respondent to afford adequate police protection to the petitioner to complete all the work in connection with the execution of Sengulam Augmentation Scheme (85MU) as against any obstruction from the members of the 3rd respondent union. We make it clear that it is open to the 3rd respondent to approach the concerned authorities and raise the disputes if they are so advised. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS