IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 WP(C).No. 23122 of 2009(I) PETITIONER: THIRUVANANTHAPURAM DISTRICT HEADLOAD AND GENERAL WORKERS UNION, CITU, KANIYAPURAM BRANCH, REG.NO.146/70, REPRESENTED BY ITS SECRETARY SADASIVAN NAIR. BY ADV. SRI.M.RAJAGOPALAN NAIR SRI. G. BIJU SRI. S. JAYAPRAKASH RESPONDENTS: 1. THE DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL. 2. THE CIRCLE INSPECTOR OF POLICE, KAZHAKKOOTTAM. 3. THE SUB INSPECTOR OF POLICE, MANGALAPURAM POLICE STATION. 4. THULASI,SREEPADMAM COLONY, KARIMPARA, PALLIPPURAM P.O., THIRUVANANTHAPURAM. 5. THE MANAGING DIRECTOR,304, VETTOOR CONSTRUCTION, T.B.ROAD, KOTTAYAM,OFFICE OF VETTOOR CONSTRUCTION, CRPF, PALLIPPURAM P.O., THIRUVANANTHAPURAM. 6. THE THIRUVANANTHAPURAM JILLA CHUMATTU THOZHILALI CONGRESS, INTUC, CRP JUNCTION UNIT. 7. THE HEAD LOAD WORKERS UNION, STU (MUSLIM LEAGUE), CRP JUNCTION UNIT. 8. THE DISTRICT LABOUR OFFICER, THIRUVANANTHAPURAM. ADV. SRI.D.KISHORE FOR R4 GOVT. PLEADER SRI. T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.23122 OF 2009 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the identity card issued to one of the members of petitioner union. Ext.P2: True copy of the proceedings of the convenor of the Kerala Head Load Workers Welfare Board, Thiruvananthapuram District Committee. Ext.P3: True copy of the complaint dated 5.8.2009 given to respondents 1 to 3. RESPONDENTS'S EXHIBITS: NIL KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P.(C) NO. 23122 OF 2009 --------------------------------------------- Dated this the 25th day of August, 2009 JUDGMENT Kurian Joseph, J. The Writ Petition is filed with the following prayer: i. To issue a writ of mandamus or any other appropriate writ, order or direction commanding respondents 1 to 3 to give adequate police protection to the members of petitioner union as well as registered workers of other unions also to carry out the loading and unloading work in the construction site of 5th respondent at CRP Junction, Pallippuram. 2. Learned counsel appearing for the 4th respondent submits that the petitioner-unit and their members are not entitled to carry out the work since the area where the construction work of the 5th respondent is going on does not come within the area allotted to the registered workers with identity cards belonging to various units and as engaged by the 5th respondent. The learned Government Pleader, on instruction, submits that the area where the construction is presently carried out comes within W.P.(C)NO. 23122/2009 2 the area alloted to the workers belonging to the petitioner and respondents 6 and 7 who are engaged by the 5th respondent. In the affidavit filed by the 5th respondent, it is stated that the 5th respondent has no objection in engaging the workers having identity cards and more specially, those workers referred to in Ext.P2. 3. In the above circumstances, there will be a direction to respondents 1 to 3 to render necessary protection in case there is obstruction in the work being carried out by the 5th respondent by engaging the workers as referred to above. The Writ Petition is disposed of as above. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C)NO. 23122/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO.23122/2009 JUDGMENT 25th August, 2009 W.P.(C)NO. 23122/2009 4