IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 WP(C).No. 37868 of 2009(C) -------------------------- PETITIONER: ------------------- THE KALLOORKADU MERCHANTS ASSOCIATION, REPRESENTED BY ITS SECRETARY E.V.JOSE, S/O.VARKEY, AGED 54 YEARS, ST.MARTIN OIL MILL, KALLOORKADU. BY ADV. SRI.R.T.PRADEEP RESPONDENT(S): ------------------------ 1. THE DEPUTY SUPERINTENDENT OF POLICE, MOOVATTUPUZHA. 2. THE CIRCLE INSPECTOR OF POLICE, KALLORKADU. 3. THE SUB INSPECTOR OF POLICE, KALLOORKADU POLICE STATION, KALLOORKADU. 4. THE DEPUTY LABOUR OFFICER, ERNAKULAM. 5. THE ASSISTANT LABOUR OFFICER, MOOVATTUPUZHA. 6. M.R.PRABHAKARAN, PRESIDENT, C.I.T.U. KALLORKADU BRANCH, KALLOORKADU. 7. GEORGE N.J, PRESIDENT, K.T.U.C (JACOB) KALLOORKADU BRANCH, KALLOORKADU. GOVT.PLEADER SMT.M.K.PUSHPALATHA, FOR R1 TO 5. ADV. SRI.MANOJ P.KUNJACHAN FOR R6 & 7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 37868 of 2009(C) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE AGREEMENT FIXING THE WAGES WHICH CAME INTO EFFECT ON 1.9.2007. P2: COPY OF NOTICE DTD.25.8.2009 BY 6TH RESPONDENT. P3: COPY OF NOTICE DTD.3.9.2009 BY 7TH RESPONDENT. P4: COPY OF REPLY DTD.4.9.2009 BY ASSOCIATION TO 6TH RESPONDENT. P5: COPY OF REPLY DTD.4.9.2009 BY ASSOCIATION TO 7TH RESPONDENT. P6: COPY OF AGREEMENT AT THODUPUZHA W.E.F. 1.9.2009. P7: COPY OF COMPLAINT DTD.21.12.2009 TO 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL. ( TRUE COPY ) PA TO JUDGE. kvs/- P.R.RAMAN & P.S.GOPINATHAN, JJ. = = = = = = = = = = = = = WP(C).No.37868 of 2009-C. = = = = = = = = = = = = = Dated this the 5th day of January, 2010. J U D G M E N T Raman, J. The petitioner is a registered association of merchants. It is stated that there are two hundred members having shops at Kalloorkadu which is situated within the Kalloorkadu Grama Panchayat. According to the petitioner, this is a scheme covered area as per Kerala Headload Workers Scheme. But, respondents 6 and 7 are asserting their right to do the loading and unloading works and also insisting for enhanced wages for doing loading and unloading works. According to the petitioner, Ext.P1 is the agreement fixing the wages which came into effect on 1.9.2007 and he is prepared to pay wages based on Ext.P1. But, the respondents contend that this agreement has expired. WP(C).No.37868/2009. -: 2 :- 2. Heard both sides. 3. Now that the parties have agreed to abide by the wages as fixed in Ext.P1 until a final adjudication is done on their clause for enhanced wages by a competent authority. This is recorded. The petitioner shall engage the members of respondents 6 and 7 for the loading and unloading works and pay wages in terms of Ext.P1 agreement without prejudice to their claim, if any, for enhancement of wages to be resolved by adjudication. We direct the Assistant Labour Officer, Muvattupuzha to refer the dispute/claim for better wages for adjudication to the appropriate authority in accordance with the Kerala Headload Workers Act. The acceptance of wages as per Ext.P1 will not prejudice the right of respondents 6 and 7 to vindicate their grievances. The competent authority shall take a decision and expedite the proceedings at the earliest. A copy of this order be submitted before the Deputy Labour Officer for information and compliance. WP(C).No.37868/2009. -: 3 :- 4. According to respondents 6 and 7, this is a scheme covered area as per the notification issued. That may be verified by the Authority while adjudicating the dispute. In case the petitioner is prepared to pay wages as fixed in Ext.P1, as stated above, the respondents shall not cause any obstruction rather they will continue to do the work. The police shall see that obstruction is removed and the agreement reached and resolved is abided by both sides. P.R.RAMAN, JUDGE . P.S.GOPINATHAN, JUDGE. Kvs/-