IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 19TH MAY 2009 / 29TH VAISAKHA 1931 WP(C).No. 13301 of 2009(G) -------------------------- PETITIONER(S): --------------- PRIJI KUMAR, S/O. DEVADASS, PRIJI BHAVAN, S-COLONY.P.O., JAWAHAR COLONY, ANADUMURI, KURUPUZHA VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.C.S.MANU SRI.ANOOP JOSEPH RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, GOVERNMENT OF KERALA DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. CIRCLE INSPECTOR OF POLICE, PALODU. 3. SUB-INSPECTOR OF POLICE, PALODU POLICE STATION, PALODU. 4. KURUPPUZHA PORIYAM HEAD LOAD WORKERS UNION (CITU), PORIYAM, KURUPPUZHA.P.O., NEDUMANGADU TALUK, THIRUVANANTHAPURAM DIST. REP. BY ITS SECRETARY. 5. KURUPPUZHA PORIYAM HEAD LOAD WORKERS UNION (INTUC), PORIYAM, KURUPPUZHA.P.O. NEDUMANGADU TALUK, THIRUVANANTHAPURAM DIST. REP. BY ITS SECRETARY. 6. VANCHUVAM KONNAMOODU HEAD LOAD WORKERS UNION(CITU), VANCHUVAM.P.O. KONNAMOODU, THIRUVANANTHAPURAM DIST. REP. BY ITS SECRETARY. W.P.(C) 13301/2009 7. VANCHUVAM KONNAMMOODU HEAD LOAD WORKERS UNION (INTUC) VANCHUVAM.P.O., KONNAMOODU, THIRUVANANTHAPURAM DIST. REP. BY ITS SECRETARY. (DELETED) (DELETED AS PER ORDER DT.19.5.2009 IN I.A.NO.5756/2009) ADDL.R7: DISTRICT LABOUR OFFICER, THIRUVANANTHAPURAM. (IMPLEADES AS PER ORDER DT.19.5.2009) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.13301/2009 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE AGREEMENT DATED 7.3.2009 BETWEEN THE PETITIONER AND RATHEESH KUMAR, S/O.CHANDRASEKHARAN NAIR FOR PURCHASE OF THE RUBBER TREES. EXT.P2: COPY OF THE AGREEMENT DATED 24.3.2009 BETWEEN THE PETITIONER AND SANTHOSH KUMAR FOR CUTTING AND REMOVING THE RUBBER TREES. EXT.P3: COPY OF THE RECEIPT NO.191834 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. //TRUE COPY// PA TO JUDGE V.GIRI & K.SURENDRA MOHAN, JJ. ---------------------------------------- W.P(C).No. 13301 OF 2009 ---------------------------------------- Dated this the 19th day of May, 2009 J U D G M E N T ~~~~~~~~~~~ Giri, J. The petitioner purchased rubber trees from one Ratheesh Kumar under Ext.P1 and then entered into Ext.P2 agreement for cutting of the rubber trees. His grievance is that when he started making arrangements to cut and remove the rubber trees, the members of respondents 4 to 6 Unions intervened and obstructed. Petitioner is willing to employ willing workers from any Union for removing the rubber trees. He has not been permitted to do so, inspite of the complaint lodged before the police. Since they have not taken any steps, he has approached this Court. 2. The case of the petitioner is that there was a dispute among the Unions as regards the right to remove the rubber trees. The learned Government Pleader on instruction, submits the matter is pending before the District Labour Officer, Thiruvananthapuram. W.P(C).No.13301/2009 2 3. In the circumstances, the District Labour Officer is impleaded as additional 7th respondent (existing 7th respondent is directed to be deleted pursuant to the order in I.A.No.5756/2009). The District Labour Officer shall decide the eligibility of respondents 4 to 6, to sponsor headload workers, for loading the rubber trees cut by the petitioner from the property mentioned in Exts.P1 ad P2. This shall be done at the earliest, preferably, within 10 days from the date of receipt of a copy of this judgment. The District Labour Officer shall specifically take note of the fact that according to the petitioner he has no preference and he is willing to employ any of the workers from respondents 4 to 6. If the members of respondents 4 to 6 are not willing to work, then he must be permitted to employ workers of his choice. This aspect shall be specifically taken note of by the District Labour Officer and adequate provision must be made in the decision to be taken by him. Once such decision is taken, then the petitioner shall not be obstructed in going ahead with W.P(C).No.13301/2009 3 the work which he has undertaken and the police shall render adequate protection in that regard. (V.GIRI , JUDGE) (K.SURENDRA MOHAN, JUDGE) ps