IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 WP(C).No. 31956 of 2008(D) -------------------------- PETITIONER(S): --------------- T.VIJAYAPPAN, S/O.THANKAPPAN POOL LEACER, T.C.39/1562 KARIMADAM COLONY CHALA PO., THIRUVANANTHAPURAM. BY ADV. SRI.WILSON URMESE SRI.M.C.ANTONY SRI.KURIAKOSE G.THEKKEL RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, FORT POLICE STATION, THIRUVANANTHAPURAM. 2. CHAIRMAN, KERALA STATE HEAD LOAD WORKERES WELFARE BOARD, THIRUVANANTHAPURAM DISTRICT COMMITTEE KERALA LABOUR WELFARE FUND BOARD BUILDING VANCHIYOOR, THIRUVANANTHAPURAM-695035. 3. GIREESH.K.. S/O.KRISHNAN PANICKER NEAR KITTU COMPLEX, ROTTIKKADA JN., PATHANKOTTA, KURIATHY, THIRUVANANTHAPURAM. ADDL.R4 4. C.N.ACHUTHAN NAIR, S/O M.P.NARAYANAN NAIR, AGED 41 YEARS, RESIDING AT “KANIKONNA”, T.C.13/194 (11). PRA 93 A, PATTOOR, MOONNUNUKKU, PETTA P.O., TVM. (Impleaded as per order dated 14.1.2009 in I.A.468/09) ADV. SRI.THOMAS ABRAHAM FOR R3 SRI.DIPU.R FOR R3 SMT.MERCIAMMA MATHEW FOR R3 SRI.K.S.HARIDAS FOR R3 SRI.M.R.HARIRAJ FOR ADDL.RES. SRI.P.A.KUMARAN FOR ADDL.RES. SRI.SURAJ.S FOR ADDL.RES. GP SRI.BENJAMIN PAUL SRI.RENIL ANTO KANDAMKULATHIL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31956 of 2008 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE IDENTITY CARD ISSUED TO THE WORKERS IN KARIMADAM POOL. EXT.P2- TRUE COPY OF THE CERTIFICATE SPECIFYING THE AREA OF WORK ISSUED TO THE PETITOINER'S POOL BY THE 2ND RESPONDENT EXT.P3- TRUE COPY OF THE PETITION DATED 14.10.08 SUBMITTED BY THE 1ST RESPONDENT EXT.P4- TRUE COPY OF THE LETTER DATED 20.10.08 ADDRESSED TO THE 1ST RESPONDENT BY THE 2ND RESPONDENT EXT.R3(a)- TRUE COPY OF THE SAMPLE IDENTITY CARD EXT.R3(b)- TRUE COPY OF THE COMPLAINT LETTER DATED 31.10.08 EXT.R3(c)- TRUE COPY OF THE MINUTES OF THE MEETING EXT.R3(d)- TRUE COPY OF THE APPLICATION FILED BEFORE THE DISTRICT LABOUR OFFICER, TRIVANDRUM UNDER SECTION 21 OF THE KERALA HEAD LOAD WORKERS ACT. EXT.R4(a)- TRUE COPY OF AGREEMENT DATED 11.9.08 EXT.R4(b)- TRUE COPY OF THE SANCTION LETTER DATED 25.10.07 EXT.R4(c)- TRUE COPY OF THE LETTER DATED 6.1.09 ISSUED BY MY LESSEE TO ME (TRUE COPY) P.A TO JUDGE J.B.KOSHY,Ag.C.J. & V.GIRI, J -------------------------------- W.P.(C).31956/2008 ----------------------------- Dated this 14th day of January, 2009 JUDGMENT Koshy (Ag.C.J.) This is a petition for police protection. Petitioner is the leader of Karimadam Pool under the Kerala Head Load Workers Welfare Board. The members in each pool are bound to be engaged only in their area allotted to them. Third respondent is another Pool leader. While the petitioner and his pool members were doing the loading and unloading works in their allotted area, third respondent and his men obstructed the petitioner's pool members from doing their work. According to him, he is entitled to work in the area allotted to him. In the facts and circumstances, we direct the second respondent to see that the dispute between the two parties is settled within two weeks. Board shall take a decision at the earliest in consultation with the Assistant Labour Officer and the parties will be covered by that W.P.(C).31956/2008 2 decision. Police is directed to see that the law and order is maintained. Till further orders are passed, status quo shall be maintained. Writ petition is disposed of as above. J.B.KOSHY, Acting Chief Justice V.GIRI, Judge mrcs