IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 23RD FEBRUARY 2007 / 4TH PHALGUNA 1928 WP(C).No. 34205 of 2006(V) -------------------------- PETITIONER: ------------ 1. P.K. MADHU, PADINJAREKUTTY, PUTHUVYPE P.O., SOUTH PUTHUVYPE-682 508. 2. K.D. PRAJANAN, KODIKKAL VEEDU, PUTHUVYPE P.O., SOUTH PUTHUVYPE-682 508. BY ADV. SRI.N.NAGARESH SRI.BINU PAUL RESPONDENTS: ------------- 1. DISTRICT LABOUR OFFICER, ERNAKULAM, CIVIL STATION, KAKKANAD, KOCHI-682 030. 2. REGIONAL JOINT LABOUR COMMISSIONER APPELLATE AUTHORITY UNDER THE KERALA HEADLOAD WORKERS ACT, CIVIL STATION, KAKKANAD, KOCHI-682 030. 3. DISTRICT COLLECTOR, ERNAKULAM. 4. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LABOUR DEPARTMENT, THIRUVANANTHAPURAM. 5. KERALA HEADLOAD WORKERS WELFARE BOARD, REPRESENED BY ITS CHAIRMAN, FLOWER JUNCTION, T.D. ROAD, ERNAKULAM. 6. SECRETARY, HEADLOAD AND GENERAL WORKERS UNION (CITU), NEAR TOWN HALL, ERNAKULAM. 7. SECRETARY, KOCHI THURAMUKHA THOZHILALI UNION (CITU), WILLINGDON ISLAND, KOCHI-682 003. 8. SECRETARY, JILLA TRANSPORT AND GENERAL WORKERS UNION (INTUC), NEAR MARKET ROAD, ERNAKULAM. 9. JILLA SECRETARY, BHARATHEEYA MAZDOOR SANGH (BMS) I.S. PRESS ROAD, ERNAKULAM-18. 10. PRESIDENT, TRADE UNION CENTER OF INDIA (TUCI), HEADLOAD AND GENERAL WORKERS UNION, PUTHUVYPE. 11. JILLA SECRETARY, KERALA SWATHANTHRA MALSYA THOZHILALI FEDERATION, ERNAKULAM. 12. SECRETARY, THEERADESA MALSYA THOZHILALI UNION, PUTHUVYPE. ADDL.R13: NARAYANAN, AGED 42, S/O. CHANDRAN, THUNDATHIL HOUSE, MURIKKUMPADAM, PUTHUVYPPU. 14: ABDUL MAJEED, AGED 38, ELAMTHURUTHIL HOUSE, SOUTH PUTHUVYPPU, VYPPIN. 15. SABU, KUNNUKUZHIYIL HOUSE, SOUTH PUTHUVYPPU, VYPIN. 16. C.P. BABU, AGED 44, S/O. PAPPUNNI, CHULLIPARAMBIL HOUSE, DO. 17. MADHU .S., AGED 35, S/O. SADANANDAN, MANAKKAL HOUSE, TOPIL, DO. 18. SUMESH, AGED 28, S/O. CLEETUS, CANSIS HOUSE, DO. 19. SHYLESH K.F., AGED 28, S/O. FRANCIS, KALLARAKKAL HOUSE, DO. 20. KUNJAPPAN, AGED 40, S/O. KESAVAN, CHAKKALATHRA HOUSE, DO. 21. M.V. JAYAN, S/O. MOHANAN, VETTATHIPARAMBU HOUSE, DO. 22. XAVIER A.J., AGED 24, AKKAPARAMBIL HOUSE, DO. 23. RAJU V.V., S/O. MOHANAN, VALARKODY HOUSE, DO. 12. T.B. MINI, W/O. RAJEEV, AGED 37, DIST. SECRETARY, KERALA HEADLOAD AND GENERAL WORKERS UNION (TUCI), MARUTHI VILAS, C.S. ROAD, ERNAKULAM,. (ADDL. R13 TO 24 IMPLEADED AS PER ORDER ON IA 2027/07 DATED 23.2.2007) R1 TO R4 BY G.P. SHRI P.A. SALIM R11 & R12 BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR R10 BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.N.SURESH SRI.T.A.SHAJI SMT.T.V.NEEMA SMT.RAGAM.S.MOHAN SRI.RENIL ANTO KANDAMKULATHY,SC,KHLWWB R13 TO R24 BY ADV. SRI.P.SHAIJAN JOSEPH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/02/2007, ALONG WITH WPC NO. 642 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC 34205/2006 EXT.P1-TRUE COPY OF IDENTITY CARDS GRANTING REGISTRATION TO THE PETITIONERS UNDER RULE 26a(3) OF THE KERALA HEADLOAD WORKERS RULES 1981 EXT.P2-TRUE COPY OF THE LETTER DATED 7.12.2004 OF R1 EXT.P3-TRUE COPY OF THE JUDGMENT DATED 6.3.2006 IN WPC 5646/2006 OF THIS Court EXT.P4-TRUE COPY OF MINUTES DATED 9.8.2006 OF R3 EXT.P5-TRUE COPY OF THE ORDER DATED 12.12.2006 ISSUED BY R1 EXT.P6-TRUE COPY OF APPEAL AND STAY PETITION DATED 18.12.2006 SUBMITTED BY THE OFFICE OF R2 EXT.P7-TRUE COPY OF ORDER DATED 26.10.2006 IN IA 14639/06 IN WPC 16039/2006 RESPONDENTS' EXTS: EXT.R10(A)-PHOTO COPY OF THE APPEAL BEFORE THE RJLC ON 22.12.2006 FILED BY THE UNION OF R10 EXT.R11(A)-TRUE COPY OF THE MINUTES OF THE MEETING HELD IN THE CHAMBER OF THE DISTRICT COLECTOR DATED 29.6.2005 EXT.R11(B)-TRUE COPY OF THE APPEAL DATED 16.1.07 BEFORE THE REGIONAL JOINT LABOUR COMMISSIONER EXT.R13(A)-TRUE COPY OF THE JUDGMENT DATED 23.1.2007 IN WPC 1328/07 OF THIS Court. // TRUE COPY // J.B. Koshy & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).NOs.34205/2006 & 642/2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of February, 2007 JUDGMENT Koshy, J. These writ petitions are filed for quashing the order dated 6/12/2006 passed by the District Labour Officer, Ernakulam. It is the contention of the petitioners that since the Scheme was extended to the area in question now, it is for the local committee to decide as to who should be engaged for work and that power should not be given to the unions. Admittedly, the local committee is not yet framed. Meanwhile, after the order was passed by the District Labour Officer, a reconciliation settlement was arrived at in which all the unions including the petitioners union have signed, wherein an arrangement has already been made. This Court in a petition under Article 226 of the Constitution of India, is not intending to disturb peace in an area where work should be done smoothly and settlement is binding on all parties, no further reliefs are called for. It is also submitted that in view of the settlement, the work is going on smoothly. But we make it clear that none of the workers should be denied work merely because of non-joining of a union and Government should take steps to implement the scheme as wpc 34205/06 & 642/07 -2- per the Act. This should be done as expeditiously as possible, in any event, within six months from the date of receipt of a copy of this judgment. The writ petition is disposed of with the above directions. (J.B. Koshy, Judge.) (T.R. Ramachandran Nair, Judge.) kav/