IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 WP(C).No. 16258 of 2011(F) -------------------------------------- PETITIONER(S): ------------------------ 1. E.J.JOSE, ILLATHUPARAMBIL HOUSE, PLAMUDI P.O., KOTTAPPADI VILLAGE, PERUMBAVOOR. 2. V.M.MUHAMMED @ KUNJUMON, VADOORAN HOUSE, PANIPRA P.O., THRIKKARIPUR VILLAGE, PANIKKARA, PERUMBAVOOR. 3. KHADAR AATTAYAM, AATAYAM HOUSE, ERAMALOOR VILLAGE, ELAMBRAM KARA, NELLIKUZHI P.O., PERUMBAVOOR. 4. KUNJUMOIDEEN, CHITTETHUKUDI HOUSE, ODAKKALIKKARA, ASHAMANNUR VILLAGE, ODAKKALI P.O., PERUMBAVOOR. 5. NAZAR, CHITTETHUKUDI HOUSE, ODAKKALIKKARA, ASHAMANNUR VILLAGE, ODAKKALI P.O., PERUMBAVOOR. BY ADV. SRI.K.B.ARUNKUMAR RESPONDENT(S): --------------------------- 1. SUB INSPECTOR OF POLICE, KURUPUMPPADY POLICE STATION, PERUMBAVOOR, ERNAKULAM DISTRICT. 2. I.N.T.U.C, ODAKKALI-EAKUNNAM UNIT, REPRESENTED BY ITS SECRETARY, SRI.E.A.IBRAHIM, INJAKUDI HOUSE, ASHAMANNUR P.O., ODAKKALI, KURUPPAMPADI (VIA), PERUMBAVOOR, PIN-683 549. 2/- -2- WP(C)NO.16258/2011 3. C.I.T.U., ODAKKALI-UDAYAMKAVALA UNIT, REPRESENTED BY ITS SECRETARY, SRI.SHEREEF, OLIPPADAPPU, ASHAMANNUR P.O., UDAYAMKAVALA, ASHAMANNUR VILLAGE, PERUMBAVOOR, PIN-683 549. 4. I.U.M.L, ODAKKALI-UDAYAMKAVALA UNIT, REPRESENTED BY ITS SECRETARY, SRI.C.M.ALIYAR MYDHEEN, CHITTETHUKUDI HOUSE, ASHAMANNUR P.O., ODAKKALI, PERUMBAVOOR, PIN-683 549. 5. I.N.T.U.C., ODAKKALI-UDAYAMKAVALA UNIT, REPRESENTED BY ITS SECRETARY, SRI.E.V.IBRAHIM, INJAKUDI HOUSE, ASHAMANNUR P.O., ODAKKALI, KURUPPUMPADI (VIA), PERUMBAVOOR, PIN-683 549. R3 & R5 BY ADV. SRI.ASOK M.CHERIAN SRI.S.KANNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.16258/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE 4TH PETITIONER AND THE 1ST PETITIONER. P2 COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE 5TH PETITIONER AND THE 1ST PETITIONER. P3 COPY OF THE AGREEMENT DATED 23/05/2011. P4 COPY OF THE REPRESENTATION DATED 25/05/2011. RESPONDENT'S EXHIBITS: R5(A) COPY OF THE AGREEMENT SIGNED BY THE TRADE UNIONS OF HEAD LOAD WORKERS IN ODAKKALI DATED 9/1/2005. R5(B) COPY OF THE REPRESENTATION SUBMITTED BY THE 3RD RESPONDENTS BEFORE THE ASSISTANT LABOUR OFFICER, PERUMBAVOOR AND THE DISTRICT LABOUR OFFICER, ERNAKULAM. /TRUE COPY/ P.A.TO.JUDGE sts PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.16258 of 2011 ------------------------------- Dated this the 25th day of July, 2011. J U D G M E N T C.K.ABDUL REHIM, J. Petitioners 1 to 3 are business partners engaged in slaughter tapping of Rubber trees, having entered into agreement with petitioners 4 and 5 for cutting and removal of Rubber trees situated in properties belonging to them, at Ashamannur Village, in Perumbavoor. Exts.P1 and P2 are copies of the agreements. Grievance of the petitioners is that, eventhough they have engaged members of the 2nd respondent trade union for doing the works, the respondents 3 to 5 and their members are causing obstructions claiming that they are head load workers working in the local area and that they are to be engaged for doing the works in question. Due to the illegal obstructions, the petitioners could not execute the work and it is causing heavy loss to the business activities. The petitioners have approached the 2 W.P.(C) No.16258 of 2011 1st respondent seeking necessary action by submitting Ext.P4. Since the 1st respondent has not taken any effective steps to facilitate execution of the work for cutting and removal of the Rubber trees, this writ petition is filed seeking police protection. 2. Sri.Asok M.Cherian, learned counsel for respondents 3 and 5 submitted that, the members of those respondents are regular head load workers working in the area and that engagement of members of 2nd respondent alone is resulting in denial of work to them. It is further stated that, a representation has already been submitted by respondents 3 and 5 to the Assistant Labour Officer, having jurisdiction in the area, to resolve the dispute. 3. Considering the facts and circumstances, we are of the opinion that, the nature of the work which is to be executed is not purely a head load work, eventhough loading of timber logs is also part of the work. Therefore, we are of the opinion that, the members of respondents 2 to 5 could not raise any claim as a matter of right for 3 W.P.(C) No.16258 of 2011 engagement of their members. However, learned counsel for the petitioners submits that they are ready and willing to engage workers belonging to respondents 2 to 5. 4. Under such circumstances, in order to protect interest of justice, we direct the 1st respondent to afford protection to the petitioners to execute the work by engaging members of respondents 2 to 5, on an equal proportion. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/