IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 WP(C).No. 15570 of 2009(M) -------------------------- PETITIONER(S): --------------------- SHIRILSON MATHEW,S/O. MATHEW, AGED 49 YEARS,MANAGING PARTNER, CHEERANS STRUCTURALS, BUILDING NO.5 J-LANE, TAGORE NAGAR, ALL INDIA RADIO ROAD, THAIKKAD, TRIVANDRUM. BY ADV. SRI.ALEXANDER JOSEPH RESPONDENT(S): ------------------------ 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, ALAPPUZHA 3. THE SUPERINTENDENT OF POLICE, ALAPPUZHA. 4. THE CIRLCE INSPECTOR OF POLICE, CHERTHALA. 5. THE SUB INSPECTOR OF POLICE, POOCHAKAL POLICE STATION,CHERTHALA. 6. M/S.APPLE A DAY PROPERTIES PRIVATE LTD. APPLE TOWER, N.H.BYE PASS, PALARIVATTOM, KOCHI-25. 7. THE AREA SECRETARY,ALAPPUZHA CONSTRUCTIONS WORKERS UNION (CITU) AREA COMMITTEE OFFICE, CHERTHALA. 8. THE PRESIDENT, GENERAL WORKERS UNION (INTUC) POOCHAKAL UNIT, POOCHAKAL, CHERTHALA. 9. ANEESH @ ADUVAYIL ANNESH, S/O. ANU, AGED ABOUT 25 YEARS, KUTTAMPURAM COLONY THAIKKATHUSSERY, CHERTHALA. 10. BIJU,S/O.UNNAPPAN, AGED ABOUT 25 YEARS, ARACKAPARAMBIL (H) THAIKKATHUSSERY, CHERTHALA. R1 TO R5 BY GOVT. PLEADER SRI. P.A. SALIM. ADV. SRI.N.NAGARESH FOR R9 & R10 SRI.K.V.BIJU FOR R9 & R10 SRI.T.V.VINU FOR R9 & R10 SRI.A.V.THOMAS FOR R6 SRI.G.SREEKUMAR FOR R6 SRI.JOJO GEORGE FOR R6 SRI.NIDHI SAM JOHNS FOR R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC. 15570/2009. APPENDIX PETITIONER'S EXTS: EXT. P1 : TRUE COPY OF THE AGREEMENT DATED 29.5.2009. EXT. P2 : TRUE COPY OF THE FIR AND FI STATEMENT IN CRIME NO.133/09 OF POOCHAKAL POLICE STATION. EXT. P3 : TRUE COPY OF THE COMPLAINT DATED 31.5.2009 TO THE RESPNDENTS 2, 3, 4 AND 5 FOR POLICE PROTECTION. RESPONDENTS' EXTS: EXT. R9(a) : TRUE COPY OF THE LETTER DATED 1.6.2009 SUBMITTED TO THE DISTRICT LABOUR OFFICER, ALAPPUZHA. P.R. RAMAN & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 15570 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of June, 2009. JUDGMENT Raman, J, Petitioner, alleging obstruction from respondents 9 and 10. who are leaders of BMS, and their associates and seeking police protection, has filed this writ petition. Pursuant to the notice, respondents 9 and 10 appeared. 2. We understand that the petitioner is engaged as a contractor for doing piling for the sixth respondent, which involves works of skilled nature as also unskilled nature. For unskilled work, petitioner is engaging local workers belonging to the members of respondents 7 and 8 based on an agreement. However, respondents 9 and 10 also have made a claim for work. 3. After hearing all concerned, it was agreed by respondents 9 and 10 as suggested that three of the workers may be engaged from their union also, to which course WPC. 15570/2009. 2 petitioner has no objection. Therefore the names of the three workers were directed to be given to this court. Accordingly a list of three persons, namely, Sidharthan, S/o. Narayanan Pokakathuchra, Thaikattussery, Rajappan, S/o. Amrithi, Edachira, Thacattussery and N.Prakasan, Pokkathuchira, Thykkattussery, Cherthala are suggested by respondents 9 and 10. In the circumstances, there will be a direction that for unskilled labour these three workers may also be engaged and there shall not be any obstruction by respondents 9 and 10 and in case any such obstruction is caused, the police will interfere and remove such obstruction. The three persons so named may produce their identity before the petitioner. This is without prejudice to the right of either party to engage or disengage them in accordance with law and if there is any such dispute, they can raise them before the appropriate authority. The above arrangement is only for the limited purpose of giving protection and as an interim measure. WPC. 15570/2009. 3 The writ petition is disposed of as above. P.R. Raman, Judge P. Bhavadasan, Judge sb.