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 31ST JANUARY 2008 / 11TH MAGHA 1929 WP(C).No. 1274 of 2008(B) -------------------------------------- PETITIONER: ------------------- C.SATHISHA, PROJECT MANAGER, VISHAL INFRASTRUCTURE LIMITED, C/O. THE ASSISTANT GENERAL MANAGER ENGINEERING (CIVIL) AIRPORT AUTHORITY OF INDIA, PROJECT DIVISION-II, CHAKAI, THIRUVANANTHAPURAM. BY ADV. SRI.BEPIN VIJAYAN. RESPONDENTS: ------------------------ 1. THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM. 2. THE ASSISTANT COMMISSIONER OF POLICE, SHANGUMUGHAM SUB DIVISION, THIRUVANANTHAPURAM CITY. 3. THE CIRCLE INSPECTOR OF POLICE, VALIYATHURA POLICE STATION. 4. THE SUB INSPECTOR OF POLICE, VALIYATHURA POLICE STATION. 5. SASIDHARAN, C.I.T.U.CONVENOR, CHAKAI, AIRPORT ROAD, OPPOSITE K.S.E.B., CHAKAI, THIRUVANANTHAPURAM. 6. R.VIJAYAKUMAR, A.I.T.U.C. CONVENOR, AIRPORT ROAD, OPPOSITE K.S.E..B., CHAKAI, THIRUVANANTHAPURAM. W.P.(C). NO.1274/2008-B: 7. V.SREEKUMAR, B.M.S. CONVENOR, AIRPORT ROAD, OPPOSITE K.S.E.B., CHAKAI, THIRUVANANTHAPURAM. 8. T.SHAJI KUMAR, I.N.T.U.C, CONVENOR, AIRPORT ROAD, OPPOSITE K.S.E.B., CHAKAI, THIRUVANANTHAPURAM. 9. JAYACHANDRA BABU, U.T.U.C.CONVENOR, AIRPORT ROAD,OPPOSITE K.S.E.B, CHAKAI, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. BENJAMIN PAUL, ADV. SRI.THOMAS ABRAHAM, ADV. SRI.DIPU.R. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.1274/2008-B: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE RATES DEMANDED OF THE PETITIONER BY RESPONDENTS 5 TO 9. EXT.P.2: COPY OF THE COMPLAINT DTD. 23/12/2007 FILED BEFORE THE R.2. EXT.P.3: COPY OF THE COMPLAINT DTD. 26/12/2007 FILED BEFORE THE R.1. EXT.P.4: COPY OF THE RECEIPT DTD. 26/12/2007 ISSUED FROM THE OFFICE OF THE R.2. EXT.P.5: COPY OF THE RECEIPT DTD. 27/12/2007 ISSUED FROM THE OFFICE OF THE R.1. EXT.P.6: COPY OF THE CONFIRMATION LETTER DTD. 20/11/2007 ISSUED FROM A.A.I TO THE COMPANY. EXT.P.7: COPY OF THE FIR NO. 33/08 DTD. 26/01/08 OF VALIYATHURA POLICE STATION. EXT.P.8: COPY OF THE LETTER DTD. 26/12/2007 ISSUED BY THE PETITIONER TO THE ASSISTANT GENERAL MANAGER A.A.I. EXT.P.9: COPY OF THE LETTER DTD. 26/12/2007 ISSUED BY THE PETITIONER TO THE ASSISTANT GENERAL MANAGER A.A.I. EXT.P.10: COPY OF THE COVERING LETTER DTD. 09/01/2008 FORWARDING THE COMPLAINT ISSUED BY THE AIRPORT DIRECTOR TO THE DISTRICT COLLECTOR. RESPONDENT'S EXHIBITS: EXT.R6.A: COPY OF THE SAMPLE IDENTITY CARD. EXT.R6.B: COPY OF THE AGREEMENT DTD. 20/07/2004 WITH A GOVERNMENT APPROVED CONTRACTOR. EXT.R6.C: COPY OF THE AGREEMENT DTD. 18/11/2006 WITH M/S. KGN CIVIL CONSTRUCTION, TRIVANDRUM. EXT.R6.D: COPY OF THE AGREEMENT DTD. 20/01/2007 WITH M/S. S.K.S. INTERIORS, TRIVANDRUM. W.P.(C). NO.1274/2008-B: EXT.R6.E: COPY OF THE AGREEMENT DTD. 12/10/2007 WITH M/S.SEETHARAM ENGINEERING TECH CO. PVT. LTD., NEW DELHI. EXT.R6.F: COPY OF THE SAMPLE PASS ISSUED TO ONE OF THE HEAD LOAD WORKERS. EXT.R6.G COLLECTIVELY: COPY OF THE SAMPLE PHOTOS WHICH REVEAL THE ACTUAL NATURE OF THE WORK UNDERTAKEN BY THE WORKMEN. EXT.R6.H: COPY OF THE NOTICE DTD. 16/01/2008 SENT BY THE DISTRICT LABOUR OFFICER, TRIVANDRUM. //TRUE COPY// prv. K. BALAKRISHNAN NAIR & P.N. RAVINDRAN, JJ. --------------------------------------------------------------- W.P.(C).NO.1274 OF 2008-B -------------------------------------------------------------- Dated this the 31st day of January, 2008. JUDGMENT Balakrishnan Nair, J: The petitioner is a contractor, who is awarded some works in connection with the expansion of Trivandrum International Airport. When he started the work, unions of the local headload workers, who are respondents 5 to 9, started causing obstruction. They demanded “Nottakooli” for unloading of materials in the site using mechanical devices. They also claimed exorbitant wages. Apart from that, they insisted that the petitioner should procure construction materials from the sources pointed out by them. In the above background, the petitioner filed Exts.P2 and P3 representations before the police seeking protection for doing the work. When the police did not extend any help, this writ petition is filed. 2. Respondents 5 to 9 denied the allegation of the petitioner that they are demanding Notakooli. They also emphatically denied the allegation of the petitioner that they are asking the petitioner to WPC.1274/2008 . 2 procure building materials from the sources they suggested. They say, their only dispute with the employer is concerning the rate of wages. 3. The petitioner submits that he is ready to pay the wages as per the rates notified in the area. He is also ready to engage the registered headload workers belonging to unions represented by respondents 5 to 9. 4. The above submissions are recorded. If the workmen require revised wages, they move the conciliation machinery. The petitioner shall co-operate with the conciliation proceedings. If the petitioner engages the registered headload workers in the area and if anybody is causing obstruction, the police shall remove the same on being alerted by the writ petitioner about it. This direction will govern only the loading and unloading work in the site. The writ petition is disposed of as above. BALAKRISHNAN NAIR , JUDGE P.N. RAVINDRAN, JUDGE. cl WPC.1274/2008 . 3