IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 WP(C).No. 14697 of 2008(Y) -------------------------- PETITIONER: ------------ G.SUNDARESAN, S/O. N.GOPALAN, AGED 56 EYARS, RESIDING AT KAILAS MUNDAKKAL WEST, KOLLAM. BY ADV. SRI.BIJU M.JOHN RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, KOLLAM. 2. SUPERINTENDENT OF POLICE KOLLAM. 3. DEPUTY SUPERINTENDENT OF POLICE KARUNAGAPPALLY. 4. SUB INSPECTOR OF POLICE OACHIRA. 5. THE DIRECTOR, INLAND NAVIGATION DIRECTORY, KALLADA HOUSE, ASRAMAM P.O. KOLLAM. 6. INTUC LOCAL COMMITTEE UNIT REP. BY MR. SHAMSAD, RESIDING AT BIJUMANZIL AAYIRAMTHENGU, OACHIRA, KOLLAM. 7. CITU LOCAL COMMITTEE UNIT REP. BY MR. SHIJU, RESIDING AT PUTEEN MANNEL AAYIRAMTHENGU, OACHIRA, KOLLAM. 8. B.M.S. LOCAL COMMITTEE UNIT REP. BY DILEEP, RESIDING AT KALARIKKAL MANNEL AAYIRAMTHENGU, OACHIRA KOLLAM. 9. J.S.S. TRADE UNION LOCAL COMMITTEE UNIT REP. BY SADHU, RESIDING AT MUKKALAVATTATHU AAYIRAMTHENGU, OACHIRA KOLLAM. 10. AITUC LOCAL COMMITTEE UNIT REP. BY PRABHAKARAQN, RESIDING AT SURYAPURAYIDAM AAYIRAMTHENGU, OACHIRA KOLLAM. 11. CPML TRADE UNION LOCAL COMMITTEE UNIT REP. BY BIJU, RESIDING AT PUTTEM ,MANNEL, AAYIRAMTHENGU, OACHIRA KOLLAM. BY ADV. SRI.A.N.RAJAN BABU SMT.K.SUNITHA VINOD SRI.P.GOPALAKRISHNAN (MVA) SRI.E.R.EASWARLAL GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 TO R4 ADV.SHRI A.N.RAJAN BABU FOR F6 TO R11 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.14697/08 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE AGREEMENT DATED 30.1.08 EXECUTED BY THE PETITIONER AND THE 5TH RESPONDENT. EXT.P2: TRUE COPY OF THE LETTER DATED 14.1.2008 ISSUED BY THE 5TH RESPONDENT. EXT.P3: TRUE COPY OF THE COMPLAINT DATED 12.5.08 BEFORE THE 2ND RESPONDENT. EXT.P4: TRUE COPY OF RECEIPT ISSUED BY THE 4TH RESPONDENT. RESPONDENT'S EXTS: EXT.R6(a): TRUE COPY OF COMPLAINT FILED BY RESPONDENTS 6 TO 11 BEFORE THE ASSISTANT LABOUR OFFICER, KARUNAGAPPALLY DATED 22.5.2008. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------- W.P.(C)No.14697 OF 2008 ----------------------------------------------------- DATED THIS THE 26th DAY OF MAY, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner is a contractor who has been awarded certain works in connection with Tsunami rehabilitation. For doing the same, he has brought granite rocks. It has to be carried from the place where it was unloaded to the work site. There is some dispute regarding the wages to be paid to the workmen who are members of respondents 6 to 11 for carrying the same. According to the petitioner, claiming exorbitant wages, they are physically obstructing the work. So, he moved the police for protection. Since the police did not interfere in the dispute, this writ petition is filed seeking necessary protection to complete the work awarded to him as per Exhibit P1 agreement. 2. The Unions have filed a counter affidavit stating that they are claiming only reasonable wages when compared to the wages, the contractor is paying to his other workmen. To settle the dispute, the workmen have already filed Exhibit R3(a) before the Assistant Labour Officer and they say, in a labour dispute, the police W.P.(C)No.14697/08 -2- have no role and the writ petition may be dismissed. 3. The learned Government Pleader submitted that this being a labour dispute, the police is reluctant to interfere in it. We feel that this dispute has to be settled by the forums provided under the Kerala Head Load Workers Act. The workmen have already moved the Assistant Labour Officer by filing Exhibit R3(a). The Assistant Labour Officer can conciliate the dispute and if no settlement is arrived at he can forward the same to the District Labour Officer. The District Labour Officer after conciliation can take appropriate decision in the dispute, if the parties do not come to any agreement. In view of the above position, the parties may move the Assistant Labour Officer and if necessary, later the District Labour Officer to settle their dispute. Once a settlement is arrived at and if the same is not respected, there is justification for the parties to approach the police. At present no orders for police protection are called for in this writ petition. Accordingly, this writ petition is closed. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. dsn