IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 WP(C).No. 9504 of 2010(K) ------------------------------- PETITIONER(S): ------------------ ALL KERALA CRUSHER OWNERS ASSOCIATION, ERNAKULAM DISTRICT COMMITTEE, REGISTRATION NO.711/IV/2004, BUILDING NO.357A, MAVELIPURAM, KAKKANAD, ERNAKULAM, REP. BY ITS GENERAL SECRETARY MR.DAVIS PATHADAN. BY ADV. SRI.M.K.DILEEPAN RESPONDENT(S): ------------------- 1. THE COMMISSIONER OF POLICE, ERNAKULAM CITY, SHANMUGHAM ROAD, KOCHI. 2. THE CIRCLE INSPECTOR OF POLICE, ERNAKULAM CENTRAL POLICE STATION, KOMBARA, KOCHI-31. 3. THE SUB INSPECTOR OF POLICE, MULAVUKAD POLICE STATION, MULAVUKAD. 4. THE SUB INSPECTOR OF POLICE, NJARAKKAL POLICE STATION, NJARAKKAL. 5. THE SUB INSPECTOR OF POLICE, CHERANELLUR POLICE STATION, CHERANELLUR. WP(C).No. 9504 of 2010(K) -2- 6. HEAD LOAD WORKERS UNION, CITU, ERNAKULAM DISTRICT COMMITTEE, 'T.KRISHNA PILLAI BHAVAN', ERNAKULAM NORTH, KOCHI-18, REP. BY ITS SECRETARY. 7. HEAD LOAD WORKERS UNION, INTUC, ERNAKULAM DISTRICT COMMITTEE, 'LABOUR PORT', KALABHAVAN ROAD, ERNAKULAM NORTH, KOCHI-18, REP. BY ITS SECRETARY. 8. HEAD LOAD WORKERS UNION, BMS, ERNAKULAM DISTRICT COMMITTEE, I.S.PRESS ROAD, ERNAKULAM NORTH, KOCHI-18, REP. BY ITS SECRETARY. 9. HEAD LOAD WORKERS UNION, CTTU, WILLINGTON ISLAND, KOCHI-3, REP. BY ITS SECRETARY. * ADDL. R10 THE SECRETARY, LOADING AND UNLOADING GENERAL WORKERS UNION, (AITUC), VYPEEN COMMITTEE, NJARACKAL P.O., ERNAKULAM DIST. *[ADDL. R10 IS IMPLEADED AS PER ORDER DT.06/04/10 IN I.A.4786/10] SR. GOVT. PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 9504 of 2010(K) APPENDIX PETITIONER'S EXTS EXT.P1:- MOU SIGNED WITH M/S SOMA ENTERPRISES LTD. DT.15/12/09. EXT.P2:- TRUE COPY OF THE REPRESENTATION DATED 05/02/10 SUBMITTED TO RESPONDENTS 1 TO 5. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.9504 of 2010 ------------------------------------------------ Dated this the 17th day of October, 2011 JUDGMENT Pius C. Kuriakose, J This Writ Petition has been instituted by the All Kerala Crusher Owners Association, said to be the registered organization of Granite Crusher Metal Manufacturers all over the State, represented by the General Secretary seeking police protection to their Drivers, Workers and vehicles in the matter of transporting all the materials in tipper lorries to various projects and work sites in the District. On considering this Writ Petition for admission this Court on 06/04/10 passed the following interim order:- “There will be an interim order directing the third respondent to provide protection to the petitioner as against respondents 6 to 9 for doing any work using tipper lorries. We make it clear that this order shall not be understood as meaning that the protection will extend to doing any related work which is the subject matter of any agreement between the members of the petitioner Association and the respondent Unions or which involves doing of any headload work as defined in the Act.” W. P. C. No.9504 of 2010 -2- 2. The above interim order is in currency. Today when this Writ Petition came up for consideration, it was requested by the counsel for the petitioner that the above interim order be confirmed. The above request is opposed very stiffly by Sri.Ajith Prakash the learned counsel for the party respondents. Sri.Ajith Prakash would submit at the outset that the confirmation of the interim order dated 06/04/10 will result in prejudice to the workers as the above interim order may result in denial of ancillary works which will arise when materials are brought in tipper lorries. He would then submit that the petitioner is an association and confirmation of the interim order will result in a blanket order being given in favour of an association. Such an order may also result in prejudice. 3. The submissions of Sri.Ajith Prakash notwithstanding we are not convinced that confirmation of the above interim order will result in any legal prejudice to the members of the respondent unions. In paragraph III(1) of the Writ Petition it is stated that the petitioner association is a registered organization which has got the representation of the Granite Crusher Metal Manufacturers all over the state and that the General Secretary who is the signatory to the Writ Petition has the authority to W. P. C. No.9504 of 2010 -3- represent the association on the terms of the bye laws of the association. We notice that in paragraph 5 of the counter affidavit a contention has been raised that the petitioner Association has no cause of action. But the claim of the petitioner that they are a registered association with the representation of all the Metal Crusher Manufactures in the state is not seen specifically disputed. According to us confirmation of the above interim order will not cause any serious prejudice to the petitioner. We confirm the above interim order and dispose of the Writ Petition. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-