IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 WP(C).No. 35693 of 2008(Y) ---------------------------------- PETITIONER: ---------------- R.S. SHIBU, CONVENOR, BMS HEADLOAD WORKERS UNION, PANNIYOTTUKONAM UNIT, NEDUMANGADU TALUK, RESIDING AT MEKKONATHU VEEDU, KOLLANKAVU PAZHAKUTTY P.O., THIRUVANANTHAPURAM. BY ADV. SRI. G. SUDHEER RESPONDENTS: ------------------ 1. DISTRICT LABOUR OFFICER, THIRUVANANTHAPURAM DIST. 2. ASSISTANT LABOUR OFFICER, NEDUMANGADU TALUK, 3. CIRCLE INSPECTOR OF POLICE, NEDUMANGADU. 4. PRADEEP, CONVENOR, CITU HEADLOAD WORKERS UNION, PANNIYOTTUKONAM UNIT, RESIDING AT THADATHIKATTU VEEDU, KOLLAMKAVU, PAZHAKUTTY P.O., NEDUMANGADU. 5. M.K. MONIKUTTAN, CONVENOR, INTUC HEADLOAD WORKERS UNION, PANNIYOTTUKONAM UNIT, RESIDING AT MINI VILASAM, PANNIYOTTUKONAM, KOLLAMKAVU, PAZHAKUTTY P.O., NEDUMANGADU. GOVERNMENT PLEADER SRI. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).35693/2008 -------------------- Dated this the 3rd day of December, 2008 JUDGMENT Petitioner is the Convener of Head load Workers Union (BMS) of Panniyottukonam Unit and submits that members of the Union were earlier members of respondents 4 and 5 and this resulted in an agreement between the Unions. One Subhash Chandrabose started to cut and remove rubber trees standing in his estate and when he was obstructed, he had approached this Court for police protection and this led to Ext.P1 judgment. Petitioner contends that the owner of the property is willing to engage members of the petitioner Union as well. But this is being objected to by respondents 4 and 5. Petitioner also alleges that respondents 4 and 5 are trying to employ unregistered workers to defeat the workers of the petitioner. This has been prevented by the petitioner. In these circumstances, petitioner approached the first respondent with Ext.P2 representation, challenging the action taken by respondents 4 and 5. W.P.(C).35693/2008 2 2. Having heard learned Government Pleader also, writ petition is disposed of directing the first respondent to look into Ext.P2 and see that only registered workers are employed irrespective of the Union to which they belong. Needful action shall be taken on Ext.P2, as expeditiously as possible, after notice to respondents 4 and 5 as well. V.GIRI, Judge mrcs