IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 WP(C).No. 32025 of 2008(K) -------------------------- PETITIONER: --------------- SEA FOOD PARK INDIA LTD., REGISTERED OFFICE, KELTRON ROAD, AROOR, CHERTHALA TALUK, ALAPPUZHA DISTRICT, REPRESENTED BY ITS DIRECTOR, SRI.K.KRISHNA KUMAR. BY ADV. SRI.N.HARIDAS SRI.P.N.SASIDHARAN RESPONDENTS: --------------- 1. SUB INSPECTOR OF POLICE, AROOR, CHERTHALA TALUK. 2. CIRCLE INSPECTOR OF POLICE, KUTHIYATHODE, CHERTHALA TALUK. 3. DEPUTY SUPERINTENDENT OF POLICE, CHERTHALA. 4. DEPUTY LABOUR OFFICER, OFFICE OF THE DISTRICT LABOUR OFFICER, ALAPPUZHA. 5. CHERTHALA LOADING UNLOADING & HEAD LOADING WORKERS' UNION, REG.NO.346/76, INTUC OFFICE, AROOR, REPRESENTED BY ITS GENERAL SECRETARY, SRI.P.R.SOMA KUMAR. 6. P.R.SOMAKUMAR, GENERAL SECRETARY, CHERTHALA LOADING UNLOADING & HEAD LOADING WORKERS' UNION, REG.NO.346/76, INTUC OFFICE, AROOR. W.P.(C) NO.32025/2008 7. STATE OF KERALA, NOTICE TO WHOM MAY BE SERVED ON THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.C.K.SAJEEV FOR R5 & R6 GOVT.PLEADER, BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.32025/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF LETTER DT.27.8.2008 ISSUED BY THE 6TH RESPONDENT ON BEHALF OF THE 5TH RESPONDENT UNION TO THE PETITIONER COMPANY. EXT.P2: COPY OF LETTER DT.28.8.2008 ISSUED BY THE 6TH RESPONDENT ON BEHALF OF THE 5TH RESPONDENT UNION TO THE PETITIONER COMPANY. EXT.P3: COPY OF REQUEST DT.11.10.2008 SENT BY THE PETITIONER COMPANY TO RESPONDENTS 1 TO 3 BY REGISTERED POST WITH ACKNOWLEDGEMENT DUE. EXT.P3(a): COPY OF ACKNOWLEDGEMENT RECEIPT FOR HAVING RECEIVED EXT.P3 REQUEST BY THE 1ST RESPONDENT. EXT.P3(b): COPY OF ACKNOWLEDGEMENT RECEIPT DT/15.10.2008 FOR HAVING RECEIVED COPY OF EXT.P3 REQUEST BY THE 2ND RESPONDENT. EXT.P3(c): COPY OF ACKNOWLEDGEMENT RECEIPT DT/15.10.2008 FOR HAVING RECEIVED COPY OF EXT.P3 REQUEST BY THE 3RD RESPONDENT. EXT.P4: COPY OF LETTER DT.10.10.2008 I SENT BY THE PETITIONER COMPANY TO THE 6TH RESPONDENT BY REGISTERED POST WITH ACK/DUE. EXT.P5: COPY OF DETAILS OF NITROGEN CYLINDERS SUPPLIED TO THE SEA LAB OF THE PETITIONER COMPANY FROM 2.4.2008, ISSUED BY LAKSHMI AGENCIES, KELTRON ROAD, AROOR. RESPONDENT'S EXTS: EXT.R5 SERIES: COPIES OF THE REGISTRATION CARDS OF SEVEN WORKERS ISSUED BY THE ASSISTANT LABOUR OFFICER, CHERTHALA (NORTH) //TRUE COPY// PA TO JUDGE K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ---------------------------------------- W.P.(C) No.32025 OF 2008 ---------------------------------------- Dated this the 13th day of November, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner is a Company registered under the Indian Companies Act. Among other things, it is running a lab called Sea Lab at Aroor, within the premises of the registered office of the Company. Nitrogen filled cylinders are brought to the Sea Lab and as a gesture of goodwill, the local headload workers were permitted to unload the same from the autorickshaw which bring them and the workmen concerned were being paid at the rate of Rs.50 to 70 per cylinder. In fact the petitioner has got regular workmen to do the unloading work and only to have good relations with the local workmen, the said workers are allowed to do the work, it is submitted. While so, the petitioner was served with Ext.P1 notice stating that the said workmen joined the 6th respondent Union and hereafter for discussing about the terms of employment of those workmen, the management of the petitioner company may contact the said Union. It was followed by Ext.P2, seeking 20% bonus for the above said workmen who were doing the unloading of Nitrogen cylinders from the autorickshaw. The petitioner submits, soon W.P.(C) No.32025/2008 2 thereafter, the workmen started causing obstruction to the autorickshaws bringing Nitrogen cylinders and they declined to continue to do the work. So, it filed Ext.P3 representation before the Sub Inspector of Police seeking necessary protection. Alleging that, the police did not take any action, this writ petition is filed seeking appropriate reliefs. 2. The 6th respondent has filed a counter affidavit. The said respondent submits that the local headload workers have registration under the Kerala Headload Workers Rules. Though the scheme under the Kerala Headload Workers Act is not applicable, they were doing the loading and unloading work in the petitioner's unit. Because they have joined the Union, the petitioner is trying to deny employment to them. The workmen submitted that they are ready to do the work subject to the same terms and conditions that were existing earlier and they will pursue their claim for bonus before the statutory forum provided under the Kerala Headload Workers Act. They denied, they have caused obstruction to the bringing of cylinders. 3. The learned Government Pleader, upon instructions, submitted that this being a labour dispute, the police did not interfere. W.P.(C) No.32025/2008 3 4. We record the submission made on behalf of the respondents 5 and 6 that they will not cause any obstruction to the bringing of Nitrogen cylinders in the autorickshaw to the company premises of the petitioner and they are ready to do the work as was being done in the past. They also submit that they will pursue their claim raised under Ext.P2 before the forums provided under the Kerala Headload Workers Act. In view of the above submission, there will not be any problem for the petitioner to bring Nitrogen cylinders and run its unit. The contention of the petitioner that the members of 5 and 6 have no right to get bonus or even employment and it is entitled to engage workmen of its choice etc. are left open. This judgment will not stand in the way of the petitioner seeking appropriate reliefs before other forums. The writ petition is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps