IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 7TH DECEMBER 2010 / 16TH AGRAHAYANA 1932 WP(C).No. 31946 of 2010(P) ---------------------------------------- PETITIONER(S): ------------------------ PUTHUVYPPU PRADASIKA THOZHILALI SANKADANA, REG.NO.1658, PUTHUVYPPU P.O., ERNAKULAM DISTRICT, PIN-682 508, REP. BY ITS PRESIDENT E.A.SANTHOSH. BY ADV. SRI.K.A.JALEEL, SRI.C.Y.VINOD KUMAR. RESPONDENT(S): -------------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KAKKANAD, COCHIN-682 030. 2. THE SUPERINTENDENT OF POLICE (RURAL), ALUVA, ERNAKULAM DISTRICT, PIN-683 101. 3. THE SUB INSPECTOR OF POLICE, NARAKKAL POLICE STATION, COCHIN-682 505. 4. THE REGIONAL LABOUR COMMISSIONER (CENTRAL), KAKKANAD, COCHIN-682 030. 5. SIMPLEX INFRASTRUCTURES LIMITED, PUTHUVYPPU P.O., PIN-682 508, REP. BY ITS PROJECT MANAGER, MURALI NAIR. 6. AFCONS INFRASTRUCTURES LTD., PUTHUVYPPU P.O., PIN-682 508, REP. BY ITS PROJECT MANAGER MAHESH. 7. V & T ASSOCIATES, PUTHUVYPPU P.O., PIN-682 508, REP. BY ITS PROJECT MANAGER RAJEEV. 8. NEO CONSTRUCTIONS PVT. LTD., PUTHUVYPPU P.O., PIN-682 508, REP. BY ITS PROJECT MANAGER SHIBU. WP(C).No. 31946 of 2010(P) 9. CINDA (THAILAND), PUTHUVYPPU P.O., PIN-682 508, REP. BY ITS PROJECT MANAGER. 10. IHI CORPORATION (JAPAN), PUTHUVYPPU P.O., PIN-682 508, REP. BY ITS PROJECT MANAGER. 11. CITU, LNG TERMINAL, PUTHUVYPPU UNIT, PUTHUVYPPU P.O., PIN-682 508, REPRESENTED BY ITS CONVENER, VINCENT. 12. INTUC, LNG TERMINAL, PUTHUVYPPU UNIT, PUTHUVYPPU P.O., PIN-682 508, REPRESENTED BY ITS CONVENER, JOSEPH. 13. CITU, LNG TERMINAL, PUTHUVYPPU UNIT, PUTHUVYPPU P.O., PIN-682 508, REPRESENTED BY ITS CONVENER, NASAR. *ADDL. R14 IMPLEADED ADDL. R14: ERNAKULAM JILLA NIRMANA THOZHILALI SANGAM, REG.NO.07/15/01, I.S. PRESS ROAD, ERNAKULAM, COCHIN-18., REPRESENTED BY ITS GENERAL SECRETARY A.D. UNNIKRISHNAN. * IS IMPLEADED AS ADDL. R14, VIDE ORDER DATED 04/11/2010 IN I.A.15126/2010. R1 TO R3 BY GOVT. PLEADER MR.T.K. VIPINDAS. R5, R7 & R8 BY ADV. SRI.K.RAVIKUMAR. R6 BY ADV. SRI.S.EASWARAN, SRI.P.MURALEEDHARAN (IRIMPANAM). R9 BY ADV. SRI.G.SURESH KUMAR (EKM). R10 BY ADV. DR.K.P.SATHEESAN, SRI.K.K.GOPINATHAN NAIR, SRI.M.R.JAYAPRASAD, SRI.P.MOHANDAS (ERNAKULAM), SRI.MATHEW SUNNY, SRI.ANOOP.V.NAIR. R11 BY ADV. SRI.T.A.SHAJI. R12 & R13 BY ADV. SRI.C.S.AJITH PRAKASH, SRI.T.D.SALIM, SRI.PAUL C THOMAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 31946 of 2010(P) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CERTIFICATE OF REGISTRATION DATED 15/01/2009 ISSUED BY THE DEPUTY REGISTRAR OF TRADE UNIONS (KERALA STATE). EXT.P2: COPY OF THE LIST OF WORKERS UNDER THE PETITIONER TRADE UNION. EXT.P3: COPY OF THE PROCEEDINGS DATED 18/04/2007 OF THE 1ST RESPONDENT. EXT.P4: COPY OF THE REPRESENTATION DATED 25/09/2010 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P5: COPY OF THE REPRESENTATION DATED 16/10/2010 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P6: COPY OF THE CHELAN DATED 02/05/2006 FOR Rs.500/- TOWARDS REGISTRATION FEE REMITTED BY THE PETITIONER UNION. EXT.P7: COPY OF THE SALARY SLIP ISSUED TO KISHORKUMAR P.S. ONE OF THE MEMBERS OF THE PETITIONER TRADE UNION (SL.NO.3 IN EXT.P2 LIST) BY THE 5TH RESPONDENT FOR THE MONTHS OF SEPTEMBER AND OCTOBER 2010. EXT.P8: COPY OF THE PAY SLIP ISSUED BY THE 6TH RESPONDENT TO ONE OF THE EMPLOYEES OF THE PETITIONER TRADE UNION VIZ., T.C. BOSS FOR THE MONTH OF OCTOBER 2010 (SL.NO.4 IN EXT.P2 LIST). EXT.P9: COPY OF THE PAY SLIP ISSUED BY THE 6TH RESPONDENT TO ONE OF THE EMPLOYEES OF THE PETITIONER TRADE UNION VIZ., T.C.BOSS FOR THE MONTH OF SEPTEMBER 2010(SL.NO.4 IN EXT.P2 LIST). EXT.P10: COPY OF THE PAY SLIP FOR THE MONTH OF SEPTEMBER 2010 ISSUED BY THE 6TH RESPONDENT TO THE EMPLOYEE SHANOJ C.S. (SL.NO.5 IN EXT.P2 LIST). EXT.P11: COPY OF THE PAY SLIP FOR THE MONTH OF OCTOBER 2010 ISSUED BY THE 6TH RESPONDENT TO THE EMPLOYEE SHANOJ C.S. (SL.NO.5 IN EXT.P2 LIST). EXT.P12: COPY OF THE PAY SLIP FOR THE MONTH OF OCTOBER 2010 ISSUED BY THE 6TH RESPONDENT TO RINGU JOSEPH (SL.16 IN EXT.P2 LIST). EXT.P13: COPY OF THE PAY SLIP FOR THE MONTHS OF AUGUST, SEPTEMBER AND OCTOBER 2010 ISSUED BY THE 6TH RESPONDENT TO SHAJAHAN (SL.14 IN EXT.P2 LIST). EXT.P14: COPY OF THE PAY SLIP FOR THE MONTHS OF AUGUST, SEPTEMBER AND OCTOBER 2010 ISSUED BY THE 6TH RESPONDENT TO RAJESH P.B. (SL.7 IN EXT.P2 LIST). EXT.P15: COPY OF THE PAY SLIP FOR THE MONTH OF SEPTEMBER 2010 ISSUED BY THE 6TH RESPONDENT TO SUJITH N.S. (SL.2 IN EXT.P2 LIST). (P.T.O.) WP(C).No. 31946 of 2010(P) EXT.P16: COPY OF THE PAY SLIP FOR THE MONTH OF OCTOBER 2010 ISSUED BY THE 6TH RESPONDENT TO SUJITH N.S. (SL.2 IN EXT.P2 LIST). EXT.P17: COPY OF THE NOTICE DATED 08/11/2010 ISSUED BY THE 6TH RESPONDENT. EXT.P18: COPY OF THE WAGE SLIP ISSUED TO ONE OF THE EMPLOYEES VIS., BIJUMON T.S. (SL.NO.18 IN EXT.P2 LIST) FOR THE MONTHS OF SEPTEMBER AND OCTOBER 201. RESPONDENT'S EXHIBITS: EXT.R12(A): COPY OF THE SETTLEMENT DATED 08/12/2009. EXT.R12(B): COPY OF THE SETTLEMENT DATED 24/11/2009. EXT.R12(C): COPY OF THE TRIPARTITE SETTLEMENT DATED 17/05/2010. //TRUE COPY// P.S. TO JUDGE rs K.M.JOSEPH & M.C. HARI RANI,JJ ============================== W.P.(C) NO. 31946 OF 2010 ============================ Dated this the 7th day of December, 2010 JUDGMENT K.M. Joseph, J. The petitioner has approached this court seeking the following reliefs:- “i)issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents 1 to 3 to give adequate and sufficient police protection to the members of the petitioner trade union who are workers under the respondents 5 to 8 for LNG Terminal project at Puthuvyppu, in Vypin Island, to do work without any hindrance and obstruction from the respondents 11 to 13 and their henchmen; ii) issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents 1 to 3 to give adequate and sufficient police protection to the members of the petitioner Wpc 31946/2010 2 trade union to enter into LNG Terminal project area for doing their wok without any hindrance and obstruction from respondents 5 to 8 under the influence of respondents 11 to 13; iii) issue a writ of mandamus or any other appropriate writ, order or direction directing the 3rd respondent to consider and dispose of Ext.P5 representation filed by the petitioner for police protection within a time limit to be specified by this Honourable court”. 2. The case of the petitioner in brief is as follows. Petitioner is an independent registered trade union. There is a scheme formulated by Government of India, that is LNG (Liquid Natural Gas) terminal Project. It is spread over an area of about 186 acres of landed property. There are 23 workers under the petitioner trade union and all of them are employed since four years back in the LNG (Liquid Natural Gas) terminal Project. The 9th and 10th respondents were entrusted with the contract work. Respondents 9 and 10 have sub-contracted the work to respondents 5 to 8 companies. Members of the petitioner trade union are doing work under respondents 5 to 8 such as pipe line Wpc 31946/2010 3 work, storage tank work and construction of berth and other civil construction etc. A meeting was convened on 11.4.2007 by the District Collector. The petitioner trade union was provided with 4% workers. It is stated that on 24.9.2010, the collector, due to a misunderstanding directed the 2nd respondent to seize the pass, safety equipments, helmet, badge etc from the members of the petitioner union without any notice. A meeting was convened. When the matter was taken up before the first respondent he permitted respondents 5 to 8 to allow the petitioner union to continue their work from 12.10.2010. On 12.10.2010, when the workers of the petitioner union went for doing work, there was denial of work by respondents 5 to 8 stating that they need not do any work since leaders of respondents 11 to 13 are causing obstruction for engaging the workers belonging to the petitioner union. Petitioner filed representation and finding no action, are before us. 3. Counter affidavits have been filed by all parties except 9th respondent. We heard the learned counsel appearing for the parties. The counsel for the petitioner reiterates the facts. He would also submit that in fact he is being paid by respondents 5 to 8 but they are not being employed only because of the Wpc 31946/2010 4 pressure from respondents 11 to 14. The learned counsel appearing on behalf of the sub contractors would submit that actually they have never employed members of the petitioner union. Learned counsel for the 6th respondent would in fact submit that 6th respondent had filed a writ petition praying for police protection. It is his case that he is a sub contractor and he is doing work with his own employees. There is also reference by all party respondents to the settlement dated 17.5.2010. Respondents 12 and 13 would refer to the earlier settlements produced as Exts.R12(a) and (b) also. It is also contended that there is no challenge to the settlement. 4. Learned Government Pleader also submits that this is an attempt to secure employment through a writ petition seeking for police protection. The learned counsel for the 6th respondent would, in answer to the contention of the petitioner that payment is being made and documents have already been produced, submit that this is denied. In this state of affairs, we do not think that it will be appropriate for this court to direct protection to be granted to the petitioner. There is a denial of right by the party respondents. The sub contractors themselves under whom they were allegedly employed would deny the work being given to Wpc 31946/2010 5 them. It is also submitted that work is going on smoothly and that it is nearing completion. Having regard to all circumstances in this case, we decline the jurisdiction. We leave it open to the petitioner to approach 4th respondent in which case 4th respondent will be free to look into the matter and take a decision in the matter in accordance with law and with notice to concerned parties. K.M. JOSEPH, JUDGE M.C. HARI RANI,JUDGE lgk