IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 WP(C).No. 27765 of 2008(E) ------------------------------------- PETITIONER(S): ---------------------- S.CHANDRAN PILLAI, CONVENER, AITUC HEAD LOAD WORKERS, (H & C COMPOUND)ATTUKAL PURAYIDAM, H & C COMPOUND, MUNDAIKKAL WEST.P.O, KOLLAM. BY ADV. SRI.A.FEROS KHAN SRI.C.K.PRASAD SRI.ABHILASH S.FRANCIS RESPONDENT(S): ------------------------- 1. THE CIRCLE INSPECTOR OF POLICE, KOLLAM EAST. 2. THE SUB INSEPCTOR OF POLICE, EAST POLICE STATION, KOLLAM. 3. T.SALIM, CONVENER, CITU HEADLOAD WORKERS KALEEYKAL UNIT, KALEEYKAL KADAPPURAM, KOLLAM EAST VILLAGE, MUNDAYKAL EAST, KOLLAM-1. 4. K.BINU, CONVENER, INTUC HEADLOAD WORKERS KALEEYKAL UNIT, KALEEYKAL KADAPPURAM,KOLLAM EAST VILLAGE, MUNDAYKAL EAST, KOLLAM-1. 5. ANIL.M.C, CONVENER, BMS HEADLOAD WORKERS, KALEEYKAL UNIT, KALEEYKAL KADAPPURAM, KOLLAM EAST VILLAGE, MUNDAYKAL EAST, KOLLAM-1. SR. GOVERNMENT PLEADER SRI.BENJAMIN PAUL FOR R1, R2 ADV. SRI.K.S.MANU (PUNUKKONNOOR) FOR R3 TO R5 SRI.P.SREEKUMAR FOR R3 TO R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 27765/2008-E APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE IDENTITY CARD ISSUED TO THE PETITIONER DATED 15/11/1990. EXT.P2: COPY OF THE ORDER NO.IR(2)3310/2000 PASSED BY THE DISTRICT LABOUR OFFICER, KOLLAM DATED 21/04/2001. EXT.P3: COPY OF THE COMPLAINT DATED 14/08/2008 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R3(a): COPY OF THE IDENTITY CARDS ISSUED TO THE MEMBERS OF THE RESPONDENTS 3 TO 5. EXT.R3(b): COPY OF THE MEMORANDUM OF APPEAL NO.KHL WA 7/03. //TRUE COPY// P.S. TO JUDGE Rs/ K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 27765 OF 2008 ============================ DATED THIS THE 5TH DAY OF NOVEMBER 2008 JUDGMENT Balakrishnan Nair,J. The writ petitioner is the Convener of a trade union. Members of his union and certain headload workers attached to AITUC and UTUC are doing the loading/unloading work in H & C Compound in Mundackal Industrial Estate, Kollam. The workmen represented by respondents 3 to 5 are doing the loading/unloading work in Kaleeykal area. There was a dispute regarding the right of the workmen to do the unloading work in the Ceramics unit in the H & C compound. The said dispute, the petitioner submits, was settled by the District Labour Officer as per Ext.P2 proceedings in the year 2001. Thereafter, the 16 workers attached to AITUC and UTUC were doing the loading/unloading work in the Ceramic compound which was part of H & C compound. The petitioner submits, recently the members of respondents 3 to 5 have come forward claiming work of unloading cement in the Ceramic Unit. In the above background, the petitioner preferred Ext.P3 representation before the police seeking necessary protection. Since WPC.27765/2008 -2- the police failed to take any effective action, this writ petition is filed seeking appropriate reliefs. 2. The learned Government Pleader, upon instructions, submitted that the police have not received any representation from the petitioner. 3. Respondents 3 to 5 have filed a counter affidavit. They have produced identity cards issued to them as Ext.R3(a) series. They submitted that the area where the worker normally works mentioned in those cards include Ceramic compound also. The Labour officer rendered Ext.P2 decision ignoring the above, as also another settlement between the unions concerning the work in Ceramic compound. So, they have preferred Ext.R3(b) appeal before the Appellate Authority and the said appeal is pending even now. It is also submitted that at present there is no law and order problem and without any cause of action, this writ petition is filed. 4. The learned counsel for the petitioner in answer submitted that Ext.R3(b) has already been dismissed for default in the year 2003. 5. As long as Ext.P2 remains in force, the right of 16 workmen belonging to AITUC and UTUC mentioned therein to work in the Ceramic compound has to be upheld. If anybody causes physical WPC.27765/2008 -3- obstruction against those workmen, they may inform the second respondent. In that event, the second respondent shall remove the obstruction. But this direction will not affect the rights of respondents 3 to 5 to pursue their remedy against Ext.P2 before the concerned statutory authority. If the right of 16 workmen mentioned in Ext.P2 to work in the Ceramic compound is unsettled in any competent proceedings, this order to grant police protection will stand automatically vacated. K. BALAKRISHNAN NAIR, JUDGE M.C. HARI RANI, JUDGE ks.