IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 WP(C).No. 33621 of 2010(C) ---------------------------------------- PETITIONER(S): ------------------------- KERALA HEAD LOAD AND GENERAL WORKERS UNION, AFFILIATED TO TUCI REG,NO.Q.12-11/91, AFL NO.KER/103, KAYAMKULAM FISHING HARBOUR UNIT, AZHEEKKAL, KARUNAGAPPALLY, KOLLAM DISTRICT, REP.BY ITS SECRETARY-P.D.SUDHEER,RESIDING .AT PUTHEZHATH HOUSE,AYIRAMTHENGU, ALUMPEEDIKA P.O,PIN-690 547. BY ADV. DR.V.N.SANKARJEE RESPONDENT(S): --------------------------- 1. THE EXECUTIVE ENGINEER HARBOUR ENGINEERING DIVISION, AZHEEKKAL KARUNAGAPPALLY, KOLLAM DISTRICT.PIN-690 518 2. THE ASSISTANT EXECUTIVE ENGINEER, HARBOUR ENGINEERING, SUB DIVISION,AZHEEKKAL KARUNAGAPPALLY, KOLLAM DISTRICT.PIN-690 518 3. THE ASSISTANT LABOUR OFFICER, ASSISTANT LABOUR OFFICE, KARUNAGAPPALLY, KOLLAM.PIN-690 518 4. THE DISTRICT LABOUR OFFICER, CIVIL STATION, KOLLAM.PIN-691 001 5. THE DISTRICT COLLECTOR, CIVIL STATION, KOLLAM.PIN-691 001 6. THE SECRETARY, DEPARTMENT OF LABOUR, GOVT.SECRETARIAT, THIRUVANANTHAPURAM.PIN-695 001 7. STATE OF KERALA, REP BY SECRETARY, DEPARTMENT OF FISHERIES, GOVT.SECRETARIAT, THIRUVANANTHAPURAM,PIN-695 001 2/- -2- WP(C)NO.33621/2010 * ADDL.R8 & R9 IMPLEADED *R8: THE KERALA HEAD LOAD WORKERS, WELFARE FUND BOARD REP.BY ITS CHAIRMAN. * ADDL.R8 IS IMPLEADED VIDE ORDER DATED 10/1/11 IN IA NO.370/2011. *ADDL.R9: THE HARBOUR MANAGEMENT COMMITTEE, KAYAMKULAM FISIHING HARBOUR, AZHEEKKAL REPRESENTED BY ITS CHAIRPERSON THE DISTRICT COLLECTOR, KOLLAM. * ADDL.R9 IS IMPLEADED VIDE ORDER DATED 17/1/2011 IN IA NO.825/2011. R1 TO R7 BY GOVERNMENT PLEADER SRI.P.M.MANOJ ADDL.R8 BY ADV. SRI.KOSHY GEORGE, SC, KHLWWB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/08/2011,ALONG WITH WPC NO. 3678 OF 2011 AND CONNECTED CASES,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.33621/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE IDENTITY CARDS (33 IN NUMBER) OF THE MEMBERS OF THE PETITIONER. P2 COPY OF THE REPRESENTATION DATED 14/6/2010 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. P3 COPY OF THE JUDGMENT DATED 12/8/2010 IN WP(C)NO.22981/2010. P4 COPY OF THE LETTER BEARING NO.401/10 AEE DATED 12/10/2010 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT. P5 COPY OF THE LETTER DATED 30/12/2010 NO.D1 2341/08/EE/H.E.D. (A) ISSUED BY THE 1ST RESPONDENT. P6 COPY OF THE MINUTES DATED 9/2/2011 NO.M-8-21909/10 ISSUED BY THE 1ST RESPONDENT RESPONDENT'S EXHIBITS: R1(A) COPY OF THE MINUTES OF THE MEETING HELD AT THE CHAMBER OF DISTRICT COLLECTOR, KOLLAM ON 4/12/2010. /TRUE COPY/ P.A.TO.JUDGE sts P.N.RAVINDRAN, J. --------------------------- W.P.(C) Nos. 33621 of 2010, 3678, 6708 & 7242 OF 2011 -------------------------- Dated this the 22nd day of August, 2011 J U D G M E N T The petitioners in these writ petitions are trade unions representing headload workers who were formerly doing the loading and unloading work at Ayiramthengu Fish Landing Centre and adjoining areas, a private fish landing centre. In these writ petitions, the petitioners claim that the loading and unloading work in the newly commissioned Kayamkulam Fishing Harbour at Azheekkal, which became fully operational in the year 2011 should be allotted to the members of their unions. Ext.P6 minutes dated 9.2.2011 whereby the work was distributed among various trade unions, is also under challenge. 2. It is not in dispute that the Kayamkulam Fishing Harbour at Azheekkal is not situate in an area to which the Kerala Headload Workers Regulation of Employment and Welfare Scheme 1983 applies. It is also not in dispute that prior to the commissioning of the Kayamkulam Fishing Harbour at Azheekkal the work was being done at Ayiramthengu Fish Landing Centre run by a private individual. The dispute essentially is as regards the entitlement of the workers belonging to various trade unions WPC No.33621/2010 & Conn. Cases 2 to do the loading and unloading work. The petitioner in W.P.(C) No.33621 of 2010 contends that though 33 of its members are entitled to do the loading and unloading work only 15 workers of the petitioner trade union were given employment opportunities. The claim of the petitioner in W.P.(C) No.3678 of 2011 is that the work should be allotted on a rotation basis. The claim of the petitioner in W.P.(C) No.6708 of 2011 is that 107 of its members are entitled to do the loading and unloading work. The claim of the petitioner in W.P.(C) No. 7242 of 2011 is that 450 of its members are entitled to do the loading and unloading work. 3. The minutes produced and marked as Ext.P6 in W.P.(C) No.33621 of 2010 is attacked inter alia on the ground that the Revenue Divisional Officer had no jurisdiction to decide on the number of workers who are entitled to do the loading and unloading work. A reading of Ext.P6 minutes produced in W.P. (C) No.33621 of 2010 indicates that it was the representatives of 12 trade unions who decided the dispute. They agreed among themselves that they should submit returns before the Assistant Labour Officer and thereafter the Assistant Labour Officer should WPC No.33621/2010 & Conn. Cases 3 conduct an enquiry regarding the full details of the employees. It was also decided that the Executive Engineer of the Habour Engineering Department should submit a report to the District Labour Officer as regards the total number of workers who are required to work at the Fish landing centre. It was agreed till such time the arrangement evidenced by Ext.P6 shall be implemented. However it is evident from Ext.P6 minutes that the District Labour Officer concerned had suggested that workers of each union should be given employment on a prorata basis having regard to the strength of that union and for that purpose an enquiry should be held. The minutes however disclose that, that aspect was not explored by the Revenue Divisional Officer or the members of the various trade unions. In such circumstances, I am of the opinion that the District Labour Oficer, Kollam should hold a conciliation conference for the purpose of deciding on the number of employees belonging to the various unions who should be given employment opportunities in the Kayamkulam Fishing Harbour at Azheekkal. I accordingly dispose of these writ petitions with a WPC No.33621/2010 & Conn. Cases 4 direction that in the event of the petitioners filing an appropriate representation before the District Labour Officer, Kollam setting out their claims and contentions, the District Labour Officer shall hold a conciliation conference with notice to all the concerned trade unions including the trade unions who are signatories to Ext.P6 minutes in W.P.(C) No. 33621 of 2010 and arrive at a decision regarding the manner in which the loading and unloading work in the Kayamkulam Fishing Harbour at Azheekkal should be distributed among the members of the various trade unions. A decision in that regard shall be taken expeditiously and in any event within two months from the date on which the petitioners move the District Labour Officer, Kollam as aforesaid. Until such time, the existing arrangement shall continue. P.N.RAVINDRAN, (JUDGE) vps WPC No.33621/2010 & Conn. Cases 5 P.N.RAVINDRAN, J. --------------------------- W.P.(C) Nos. 33621 of 2010, 3678, 6708 & 7242 OF 2011 -------------------------- Dated this the 21st day of June, 2011 O R D E R The learned Government Pleader appearing for the official respondents submits that pursuant to the interim order passed by this Court on 25.3.2011 in W.P.(C) No.6708 of 2011, the Revenue Divisional Officer, Kollam conducted a preliminary hearing on 7.6.2011 and that he is taking steps to arrive at an amicable settlement of the dispute. In such circumstances, I am of the opinion that the claim of the petitioners in the connected writ petitions namely W.P.(C) Nos. 33621 of 2010, 3678 & 7242 of 2011 should also be considered by the Revenue Divisional Officer, Kollam. I accordingly direct the Revenue Divisional Officer, Kollam to consider the grievances of the petitioners in the connected writ petitions namely W.P.(C) Nos. 33621 of 2010, 3678 & 7242 of 2011 while acting pursuant to the interim order passed by this Court on 25.3.2011 in W.P.(C) No.6708 of 2011. A decision in WPC No.33621/2010 & Conn. Cases 6 the matter shall be taken expeditiously and in any event within two weeks from the date on which any one of the petitioner produces a copy of this order before the Revenue Divisional Officer, Kollam. Post these writ petitions after two weeks. P.N.RAVINDRAN, (JUDGE) vps