IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 WP(C).No. 7276 of 2011(H) ------------------------- PETITIONER ------------------- SASI, AGED 49 YEARS, S/O. ACHUTHAN, MULLAPPALLY HOUSE, MANCODE VILLAGE, AMBALAKKALA DESOM, KANYAKUMARI DISTRICT. BY ADV. SRI.T.A.UNNIKRISHNAN RESPONDENT(S): -------------------------- 1. THE SUB INSPECTOR OF POLICE, VATTIYOORKAVU POLICE STATION, THIRUVANANTHAPURAM DISTRICT, PIN-695 013. 2. CHANDRAN, CONVENER, CITU, PALAKKUZHI UNIT, KACHANI P.O., THIRUVANANTHAPURAM DISTRICT, PIN-695 013. 3. SIVARAJAN, CONVENER, INTUC, PALAKKUZHI UNIT, KACHANI P.O., THIRUVANANTHAPURAM DISTRICT, PIN-695 013. 4. MONKUTTAN @ SURESH KUMAR, CONVENER, BMS, ASRAMAM UNIT, NETTAYAM P.O., THIRUVANANTHAPURAM DISTRICT, PIN-695 013. R1 BY GOVERNMENT PLEADER SRI.C.M.CHARISMA R2-3 BY ADV. SRI.G.SUDHEER R4 BY ADV. SRI. M.DINESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7276 of 2011(H) ----------------------------------- APPENDIX ---------------- PETITIONER'S EXHIBITS ----------------------------------- EXT.P1. COPY OF THE RECEIPT DATED 20.2.11. EXT.P2. COPY OF THE ORDER DATED 1.3.11 OF THE DISTRICT LABOUR OFFICER, TRIVANDRUM. EXT.P3. COPY OF THE PHOTOGRAPH SHOWING TIMBER CUT AND STORED. EXT.P4. COPY OF THE COMPLAINT DATED 4.3.11 BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS ------------------------------------- EXT.R2(A). COPY OF ORDER IN KHLWA-4/2011 PASSED BY THE APPELLATE AUTHORITY UNDER THE KERALA HEADLOAD WORKERS ACT 1978 AND REGIONAL JOINT LABOUR COMMISSIONER , KOLLAM DATED 3.3.2011 EXR.R2(B). COPY OF LETTER NO.770/96 DATED 7.8.1996 ISSUED BY ASSISTANT LABOUR OFFICER TO THE SUB ISPECTOR OF POLICE, VATTIYOORKAVU. EXT.R2(C). COPY OF IDENTITY CARD ISSUED BY THE LABOUR OFFICER, NEDUMAGAD. / TRUE COPY / P.A. TO JUDGE VK R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO: 7276 OF 2011 H ----------------------------------------------------------- Dated this the 22nd March, 2011. JUDGMENT Basant, J. This judgment must be read in continuation of our order dated 16-3-2011. Heard learned counsel for the petitioner, counsel for respondents 2, 3 and 4 and the learned Govt. Pleader. Counsel submit that the arrangement stipulated as per the order dated 16-3-2011 has worked satisfactorily. It is submitted that about 440 trees have already been removed. Balance of about 60 tress remain to be removed. It is agreed that the arrangement stipulated on 16-3-2011 can continue for the remaining load also. The required workers shall be taken equally from the three unions. First respondent shall give adequate police protection to remove the remaining trees also as per the stipulations in the order dated 16-3-2011. 2. It is agreed that no further directions are necessary in the matter. This petition is accordingly allowed on the above WPC 7276/2011 2 terms. We make it clear that this arrangement shall apply only for removal of the trees cut for removal from the petitioner's property. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 7276/2011 3 WPC 7276/2011 4 All respondents have entered appearance. Counsel for the petitioner submits that emergent interim orders are necessary as the load is lying without transportation for the past many days. Even Ext.P2 order dated 1-3-2011 suggests that the load has been lying for one week prior to 1-3-2011. 2. We wanted counsel to help the Court to mould interim directions. We have heard the counsel for respondents 2,3 and 4 as also the counsel for the petitioner. We have heard the learned Govt. Pleader also. We are satisfied that interim direction deserves to be issued. 3. Interim direction is hence issued that the petitioner shall be at liberty to get the work done by engaging four workers from CITU, INTUC and BMS unions (total 12). According to the petitioner he needs the services only of 12 workmen. If more number of workmen are required to complete the work petitioner shall engage equal number of workers from the three unions i.e respondents 2, 3 and 4. The police shall afford adequate and sufficient protection for the petitioner to get such WPC 7276/2011 5 work done by the workers by all the three unions chosen as above. All the three unions shall furnish the list of workmen whom they nominate to the first respondent Sub Inspector by 5 p.m on 17-3-2011 so that the petitioner can get the work done on 18-3-2011. 5. Call on 22-3-2011 for report by the first respondent as to how the work has been performed. 6. Hand over copy of the order to the learned Govt. Pleader and all counsel. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 7276/2011 6