IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 WP(C).No. 33961 of 2009(M) -------------------------- PETITIONER(S): --------------- SHIBU RAJAN, SHINU BHAVAN, OLIYARUKU, MANALIL POST, AYRANELLOOR VILLAGE, PATHANAPURAM TALUK, KOLLAM. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT(S): --------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, PUNALUR, KOLLAM. 2. THE SUB INSPECTOR OF POLICE, EROOR POLICE STATION, KOLLAM DISTRICT. 3. REJI, AGED 30 YEARS, (CONVENOR AITUC) KINATTUMUKKU UNIT, HEADLOAD WORKERS UNION, MANALIL P.O., AYIRANALLOOR VILLAGE, KOLLAM. 4. GEORGE, AGED 47 YEARS, (CONVENOR INTUC) KINATTUMUKKU UNIT, HEADLOAD WORKERS UNION, MANALIL P.O., AYIRANALLOOR VILLAGE, KOLLAM. 5. SUNI, AGED 33 YEARS (CONVENOR CITU) KINATTUMUKKU UNIT, HEADLOAD WORKERS UNION, MANALIL P.O., AYIRANALLOOR VILLAGE, KOLLAM. 6. BABY KUTTY, VADAKKUMKARA PUTHENVEETTIL, AYIRANALLOOR VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. WP(C).No. 33961 of 2009(M) : 2 : 7. SHIBU, VADAKKUMKARA PUTHEN VEEDU, AYIRANALLOOR VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. R4 BY ADV. SRI.ANCHAL C.VIJAYAN R1 & R2 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 33961 of 2009(M) APPENDIX PETITIONER'S EXHIBITS: EXT.P1(a). TRUE COPY OF THE TAX RECEIPT DATED 21-8-2009 ISSUED BY THE AYIRANALLOOR VILLAGE OFFICER. EXT.P1(b) TRUE COPY OF THE TAX RECEIPT DATED 21-8-2009 ISSUED BY THE AYIRANALLOOR VILLAGE OFFICER. EXT.P2(a) TRUE COPY OF THE COMPLAINT DATED 19-11-2009 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT. EXT.P2(b) TRUE COPY OF THE RECEIPT NO.594/PTN/09 DATED 19-11-2009 ISSUED BY THE SECOND RESPONDENT IN FAVOUR OF THE PETITIONER. EXT.P3(a) TRUE COPY OF THE AGREEMENT DATED 23-11-2009 EXECUTED BY THE 6TH RESPONDENT IN FAVOUR OF THE PETITIONER. EXT.P3(b) TRUE COPY OF THE AGREEMENT DATED 23-11-2009 EXECUTED BY THE 7TH RESPONDENT IN FAVOUR OF THE PETITIONER. RESPONDENTS' EXHIBITS: EXT.R4(a) TRUE COPY OF THE IDENTITY CARD OF THE 4TH RESPONDENT ISSUED BY THE ASST. LABOUR OFFICER, PUNALUR UNDER RULE 26 A(3) OF THE KERALA HEADLOAD WORKERS RULES. / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.P(C)No.33961 of 2009 ----------------------------------------- Dated this the 1st day of December, 2009 JUDGMENT Kurian Joseph, J. The writ petition is filed with the following prayer:- a) To issue a writ of mandamus or any other appropriate writ, order or direction compelling and commanding respondents 1 and 2 to render necessary, effective and adequate police protection for the loading and unloading work in the premises covered by Ext.P3 series agreements, engaging the petitioner's own workers mentioned in paragraph No.4 without any obstructions from respondents 3 to 5 or their men. According to the petitioner owing to the inter-union rivalry the petitioner is not able to execute the works within the permitted time. Learned counsel appearing for the respondents - Unions, submits that behind the writ petition the motive is to engage workers of the choice of the petitioner so as to deny work to the unions. Counsel for the petitioner submits that the petitioner does not have any such idea. In the above circumstances the writ petition is disposed of as follows. Petitioner shall engage the willing workers from W.P(C)No.33961 of 2009 -:2:- among the Unions referred to in the writ petition (R3 to R5) as per the approved rates. In case the petitioner requires any additional man power other than those willing workers, it will be open to the petitioner to engage his own workers. In the event of there being any obstruction to such arrangement, the Police shall render necessary assistance to the petitioner to carry out the works as per the above order. (KURIAN JOSEPH, JUDGE) (C.T.RAVIKUMAR, JUDGE) ahg. KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. --------------------------- W.P(C)No.33961 of 2009 ---------------------------- JUDGMENT 1st December, 2009