IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 WP(C).No. 15392 of 2009(T) PETITIONER(S): -------------------- 1. JOEMON JOSEPH, S/O. JOSEPH, AGED 37, ALUNGAL HOUSE, CHENKARA KARA,KEERAMPARA.P.O., KOTHAMANGALAM. 2. LEELA SIVAN, AGED 40 YEARS, W/O SIVAN NELLIMOOLIYIL HOUSE KEERAMPARA KARA, KOTHAMANGALAM 3. THANGAMMA PAPPA, AGED 60 YEARS, W/O. PAPA, MP KUDIYIL HOUSE, KEERAMPARA, CHENKARA KARA, KOTHAMANGALAM. 4. ANEES, AGED 45 YEARS, W/O. DEVASIA, VEELU KUZHI HOUSE, KEERAMPARA, CHENKARA KARA, KOTHAMANGALAM. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): --------------------- 1. STATE OF KERALA REP. BY THE SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM-695001. 2. CIRCLE INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION, KOTHAMANGALAM. WP(C).No. 15392 of 2009 :: 2 :: 3. ERNAKULAM DISTRICT HEAD LOAD AND GENERAL WORKERS UNION (INTUC) CONGRESS BHAVAN, KOTHAMANGALAM, REP. BY ITS PRESIDENT. 4. ERNAKULAM DISTRICT HEAD LOAD AND GENERAL WORKERS UNION (CITU) CONGRESS BHAVAN, KOTHAMANGALAM, REP.BY ITS PRESIDENT. 5. ERNAKULAM DISTRICT HEAD LOAD AND GENERAL WORKERS UNION (AITUC),CONGRESS BHAVAN, KOTHAMANGALAM, REP. BY ITS SECRETARY. R1 & R2 BY GOVT. PLEADER SRI.T.K.VIPINDAS R4 BY ADV. SRI.ALEXANDER JOSEPH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15392 of 2009 :: 3 :: APPENDIX PETITIONERS' EXHIBITS: EXT.P1: TRUE COPY OF AGREEMENT DATED 03.02.2009 ENTERED INTO BETWEEN THE PETITIONERS. EXT.P2: TRUE COPY OF REPRESENTATION DATED 01-06-209 SUBMITTED BY FIRST PETITIONER TO THE SECOND RESPONDENT. RESPONDENTS' EXHIBITS: NIL EXT.R4(A): TRUE COPY OF THE JUDGMENT DATED 5.6.2007 IN W.P. (C)NO.13536/07 BEFORE THE HON'BLE HIGH COURT. //true copy// P.S. To Judge SK/- KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.P(C) No.15392 of 2009 ----------------------------------------- Dated this the 9th day of November, 2009 JUDGMENT KURIAN JOSEPH, J. There is already an interim order dated 17.7.2009, which reads as follows: “The Assistant Labour Officer, Kothamangalam, after conducting necessary enquiry, reported to the office of the Advocate General, pursuant to our order dt. 19.6.09, the concluding portion of which shows that the nursery is being conducted by the petitioners jointly. If so, the protection afforded to the petitioner in Ext.R4(a) judgment will be extended to the petitioners herein, provided the loading and unloading operations are also done by them personally, without engaging any third person” The writ petition is disposed of in terms of the interim order, making it also clear that in case the petitioners require any additional man power, the same shall be procured only from the respondents-Unions. Sd/- (KURIAN JOSEPH) JUDGE Sd/- (C.T.RAVIKUMAR) JUDGE SK/- //true copy//