IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 WP(C).No. 33078 of 2008(K) PETITIONER: AUGUSTIN RAJ.S.N., AGED 47 YEARS, S/O.MR.SELVANAYAKOM, RESIDING AT SRUTHI BHAVAN, ANAPPARA, VELLARADA P.O., NEYYATTINKARA TALUK. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENTS: 1. THE SUB INSPECTOR OF POLICE, VATTIYOORKAVU, TRIVANDRUM. 2. ANILKUMAR, CONVENOR, INTUC, MANALAYAM BRANCH, NETTAYAM, VATTIYOORKAVU, TRIVANDRUM. 3. VIJAYAN, CONVENOR, CITU, MANALAYAM BRANCH, NETTAYAM, VATTIYOORKAVU, TRIVANDRUM. 4. LAWRANCE, CONVENOR, AITUC, MANALAYAM BRANCH, NETTAYAM, VATTIYOORKAVU, TRIVANDRUM. 5. MONKUTTAN, CONVENOR, BMS, MANALAYAM BRANCH, NETTAYAM, VATTIYOORKAVU, TRIVANDRUM. ADDL. R6 IMPLEADED 6. THE DISTRICT LABOUR OFFICER, TRIVANDRUM. (ADDL. R6 IS IMPLEADED AS PER ORDER DATED 27.11.2008 IN I.A.NO. 14825 OF 2008.) ADV. SRI.N.NAGARESH FOR R5 SRI.T.V.VINU FOR R5 SRI.RENIL ANTO KANDAMKULATHY FOR R2-4 SRI. BENJAMIN PAUL, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 33078 of 2008 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: TRUE COPY OF THE AGREEMENT BETWEEN THE PETITIONER AND THE OWNER OF THE LAND. EXT.P2: TRUE COPY OF THE COMPLAINT DATED 03.11.2008 BEFORE THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS:- EXT. R5(a):- TRUE COPY OF THE ORDER NO. G(2)234/2005 DATED 23.06.2005 OF THE DLO, THIRUVANANTHAPURAM. EXT.R5(b): TRUE COPY OF IDENTITY CARD ISSUED TO ME ON 21.10.2005. EXT.R5(c):- TRUE COPY OF APPELLATE ORDER IN KHLWA 2/2005 DATED 05.01.2007 ISSUED BY THE REGIONAL JOINT LABOUR COMMISSIONER. EXT.R5(d):- TRUE COPY OF THE ORDER DATED 18.10.2008 IN KHWL 2/2005 OF THE RJLC. EXT.R5(e):- TRUE COPY OF THE ORDER NO. G(2)-2176/06 DATED 01.12.2008 OF THE ADDL. 6TH RESPONDENT. EXT.R5(f):- TRUE COPY OF HTE NOTICE NO. 2375/2007 DATED 21.05.2007 OF THE DLO. EXT.R5(g):- TRUE COPIES OF BILLS ISSUED BY BMS UNION (5TH RESPONDENT) EXT.R3(a): TRUE COPY OF THE REGISTRATION CARD. EXT.R3(b): TRUE COPY OF THE CARBON COPY OF WORK RECEIPTS. EXT.R3(c): TRUE COPY OF THE APPEAL PENDING BEFORE DLO, TRIVANDRUM. K. BALAKRISHNAN NAIR & M.C. HARI RANI JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 33078 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of December, 2008 JUDGMENT BALAKRISHNAN NAIR, J This Court, after hearing both sides, passed an interim order in this Writ Petition on 21.11.2008. While passing orders by the District Labour Officer pursuant to the said order, the 5th respondent was not heard. By another order dated 11.12.2008, we directed the DLO to reconsider the matter after hearing the parties again, including the 5th respondent. 2. The learned counsel for the 5th respondent submitted that the DLO is expected to pass an order today. It is clarified that after the fresh order is passed, the petitioner has to go by that order and police protection will be granted to implement that order. With this clarification, this Writ Petition is disposed of. Needless to say, if any of the parties are aggrieved by the decision of the DLO, they will be free to work out their remedies against it. K. BALAKRISHNAN NAIR, JUDGE M.C. HARI RANI, JUDGE ttb