IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 18TH MARCH 2011 / 27TH PHALGUNA 1932 WP(C).No. 6483 of 2011(I) -------------------------------------- PETITIONER(S): ------------------------ M/S.AFCONS INFRASTRUCTURE LIMITED, PETRONET LNG PROJECT, PUTHUVYPEEN-P.O., NEAR LIGHT HOUSE, KOCHI-682508, REP. BY ITS MANAGER-EXECUTION MR.V.V.JAIDEV. BY ADVS. SRI.S.EASWARAN, SRI.P.MURALEEDHARAN (IRIMPANAM), SRI.M.A.AUGUSTINE. RESPONDENT(S): --------------------------- 1. THE CIRCLE INSPECTOR OF POLICE, NJARACKAL, PIN-682 508. 2. T.K.VIJU, NOW WORKING AS LABOURER, AFCONS INFRASTRUCTURE, EPC MARINE FACILITY PUTHUVYPEEN, PUTHUVYPEEN P.O., NEAR LIGHT HOUSE, KOCHI-682 508. 3. AMALAN S.V., NOW WORKING AS HYDRA OPERATOR, AFCONS INFRASTRUCTURE, EPC MARINE FACILITY PUTHUVYPEEN, PUTHUVYPEEN P.O., NEAR LIGHT HOUSE, KOCHI-682 508. Kss .2/- ..2.... WPC.NO.6483/2011 I 4. RENNY JOSEPH, NOW WORKING AS WELDER, AFCONS INFRASTRUCTURE, EPC MARINE FACILITY PUTHUVYPEEN, PUTHUVYPEEN P.O., NEAR LIGHT HOUSE, KOCHI-682 508. 5. BABU K.A., NOW WORKING AS TYRE MAN, AFCONS INFRASTRUCTURE, EPC MARINE FACILITY PUTHUVYPEEN, PUTHUVYPEEN P.O., NEAR LIGHT HOUSE, KOCHI-682 508. 6. ATHURA DAS T.R., NOW WORKING AS ELECTRICIAN, AFCOS INFRASTRUCTURE, EPC MARINE FACILITY PUTHUVYPEEN, PUTHUVYPEEN P.O., NEAR LIGHT HOUSE, KOCHI-682 508. 7. M.J.ALOSHIOUS, MATHUPURATH HOUSE, AZHEEKAL P.O., MURUKKUMPADOM, PIN-682516. 8. NIHIL K.L., KALATHITHARA HOUSE, PUTHUVYPPU P.O., PIN-682506. R1 BY GOVERNMENT PLEADER SMT. C.M. CHARISMA R2, R4 TO R8 BY ADV. SRI.N.NAGARESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.6483/2011 I APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF LIST OF EMPLOYEES TO BE TERMINATED FOR THE MONTH OF FEBRUARY PUBLISHED BY THE PETITIONER. P2: COPY OF THE COMPLAINT DTD. 28/02/2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. P3: COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT. P4: COPY OF THE JUDGMENT DTD. 23/10/2008 IN WRIT PETITION NO.23752/2008. P5: COPY OF ORDER DTD. 4/06/2008 IN WPC.NO.15580 OF2008. P6: COPY OF RELEVANT PAGES OF THE H.S.DIESEL REGISTER MAINTAINED BY THE PETITIONER. P7: COPY OF DAILY LOG SHEET FOR THE RELEVANT PERIOD MAINTAINED BY THE PETITIONER. RESPONDENT'S EXHIBITS & ANNEXURE: R2(A): COPY OF PAY SLIP FOR THE MONTH JANUARY, 2010 TO A WORKER OF TANK CONSTRUCTION SITE. R2(B): COPY OF PAY SLIP FOR THE MONTH AUGUST 2010 TO A WORKER OF TANK CONSTRUCTION SITE. R2(C): COPY OF PAY SLIP FOR THE MONTH OF SEPTEMBER 2010 TO A WORKER OF TANK CONSTRUCTION SITE. R2(D): COPY OF CORRESPONDING PAY SLIP ISSUED TO A WORKER IN JETTY SITE FOR THE MONTH JANUARY 2010. R2(E): COPY OF CORRESPONDING PAY SLIP ISSUED TO A WORKER IN JETTY SITE FOR THE MONTH SEPTEMBER 2010. R2(F): COPY OF THE DELIVERY CHALLAN RECEIPT ON 01/03/2011. R2(G): COPY OF INVOICE DTD. 01/03/2011. R2(H): COPY OF WEIGH BRIDGE BILL DTD. 04/03/2011. ANNEX.A1: COPY OF MUSTER ROLL FOR THE DAYS 5/3/2011 TO 9/3/2011. /TRUE COPY/ P.S.TO JUDGE Kss R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No. 6483 of 2011-I ------------------------------------------------- Dated this the 18th day of March, 2011 JUDGMENT Basant,J. This writ petition for police protection actually stands posted to 30/3/2011. When the matter came up on the last date of posting, there was a suggestion that the disputes outstanding between the parties can be settled by referring the parties for mediation. In fact, the only dispute that survives between them, it is conceded by both sides, is the claim for payment of arrears of minimum wages payable to the employees. Parties were directed to appear today as agreed for referring them to the Mediation Centre for an attempt to arrive at a mediated settlement of the dispute. 2. Today, when the matter came up for hearing, the learned counsel for the petitioner submits that there is actually W.P.(C) No. 6483 of 2011 -: 2 :- no need to refer the parties for mediation. The petitioner - company unambiguously accepts the liability of the company to pay arrears of minimum wages to its employees. As a matter of fact, the notification revising minimum wages was received late by the petitioner - company. After the employees staked a claim for arrears in minimum wages, the company has ascertained the details and the company is now convinced that the arrears of minimum wages has to be paid to all employees. Steps are being taken and by 10th of May, 2011 the arrears of minimum wages payable to all the employees shall be paid, undertakes the learned counsel on behalf of the petitioner. 3. In the light of this submission/undertaking by the company, it is agreed by all concerned that it is not necessary now to refer the parties for mediation. It is also agreed that this writ petition can itself be closed now making absolute the interim order that has already been passed. The interim order was issued on 4/3/2011. The order reads as follows: “We direct the 1st respondent to afford adequate and sufficient police protection to the petitioner to carry on the work as undertaken by it in LNG Project without any interference from respondents 2 to 8.” W.P.(C) No. 6483 of 2011 -: 3 :- This interim order was subsequently extended and now remains in force till 30/3/2011. Counsel agree and we are satisfied that this writ petition can now be disposed of making the interim order absolute. 4. In the result: (a) This writ petition is allowed. (b) The interim order dated 4/3/2011 extracted above is made absolute. (c) We record that it is agreed that the arrears of minimum wages payable to all employees shall be paid and discharged by the company by 10th of May, 2011. Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ //true copy// P.S. to Judge