IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 WP(C).No. 33329 of 2008(P) -------------------------- PETITIONER(S): PETITIONER ------------------------- MR.D.SATHEESH KUMAR, MANAGER, M/S BLUE BELL ESTATE, VENAD, CHINNAKANAL.P.O., MUNNAR. BY ADV. SRI.DEVAN RAMACHANDRAN SRI.K.M.ANEESH RESPONDENT(S): RESPONDENTS -------------------------- 1. DEPUTY SUPERINTENDENT OF POLICE, MUNNAR. 2. CIRCLE INSPECTOR OF POLICE, DEVIKULAM, IDUKKI DISTRICT. 3. SUB INSPECTOR OF POLICE, SANTHANPARA, MUNNAR, IDUKKI DIST. 4. THE D.E.W. UNION (AFFILIATED TO THE AITUC), MUNNAR, REPRESENTED BY ITS GENERAL SECRETARY. 5. THE H.R.T.T. UNION (AFFILIATED TO THE CITU), MUNNAR, REPRESENTED BY ITS GENERAL SECRETARY. 6. MR.T.MANI, S/O.THANKAYYA THEVAR, VENAD, CHINNAKANAL.P.O., MUNNAR. 7. THE DEPUTY LABOUR OFFICER, IDUKKI DISTRICT, THODUPUZHA. ADV. SMT.A.K.PREETHA FOR R4 & 6 SRI.M.R.RAJESH FOR R4 & 6 SRI.K.BALACHANDRAN (MANGALATH) FOR R5 WP(C).No. 33329 of 2008 -2- SRI.RAJESH NAIR FOR R5 SRI.H.B.SHENOY FOR ADDL.R8 SRI.B.ASHOK SHENOY FOR ADDL.R8 SMT.LAKSHMI B.SHENOY FOR ADDL.R8 SRI.ABU MATHEW FOR ADDL.R8 SRI.SOBHAN GEORGE FOR ADDL.R8 SRI.THOMAS P.MAKIL FOR ADDL.R8 GP SRI.TEKCHAND THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 33329 of 2008 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF REPRESENTATION DATED 23.8.06 EXT.P2- TRUE COPY OF LETTER ISSUED BY THE 5TH RESPONDENT DATED 30.8.08 EXT.P3- TRUE COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT DATED 20.8.08 EXT.P4- TRUE COPY OF LETTER ISSUED BY THE 5TH RESPONDENT EXT.P5- TRUE COPY OF THE REPRESENTATION DATED 8.9.08 EXT.P6- TRUE COPY OF THE REPRESENTATION DATED 15.9.08 EXT.P7- TRUE COPY OF THE REPRESENTATION DATED 20.10.08 EXT.P8- TRUE COPY OF THE REPRESENTATION DATED 29.10.08 (TRUE COPY) P.A TO JUDGE J.B.KOSHY,Ag.C.J. & V.GIRI, J -------------------------------- W.P.(C).33329/2008 -------------------------------- Dated this 4th day of February, 2009 JUDGMENT Koshy (Ag.C.J.) This is a petition for police protection. A detailed interim order was passed by the Division Bench of this Court on 20th November, 2008. Petitioner is the Manager of an estate and he is aggrieved that respondents 4 and 6 are not allowing any worker to work in the estate. It is stated that when one of the permanent workers deserted the work, the Management tried to fill up the vacancy by regularizing the temporary worker. But the 4th respondent/Union raised objection stating that it should be from the temporary workmen belonging to that union. When a vacancy arises, the same should be filled up from the among the temporary hands, according to seniority. Union has no power to appoint any person. It is for the employee's discretion. We are of the view that if any person has got any dispute, that has to be raised before the Labour Court to be settled in accordance with the W.P.(C).33329/2008 2 provisions of the Industrial Disputes Act. No Union is allowed to take law into their hands and the police should see that the petitioner and his workers are allowed to work peacefully in the establishment. Writ petition is disposed of as above. J.B.KOSHY, Acting Chief Justice V.GIRI, Judge mrcs