IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 WP(C).No. 17959 of 2009(L) -------------------------- PETITIONER(S): 1. K.K.BABU, S/O.LATE KRISHNANKUTTY, KIZHAKKECHAYAPPALLIL HOUSE, NEAR L.F.CHURCH, NADUVILE VILLAGE, VAIKOM. 2. V.K.SUDHEESH, S/O.KESAVAN, VADAKKEDATHU HOUSE, KOVILATHUM KADAVU, NADUVILE VILLAGE, VAIKOM. BY ADV. SMT.A.SREEKALA RESPONDENT(S): 1. STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CIRCLE INSPECTOR OF POLICE, VAIKOM. 3. THE SUB INSPECTOR OF POLICE, VAIKOM POLICE STATION. 4. CENTRE OF INDIAN TRADE UNION (CITU), KOVILATHUKADAVU UNIT, REPRESENTED BY SECRETARY, K.VIJAYAN, S/O.KESAVAN, CHOOLAPPARAMPIL, VAIKOM VILLAGE, VAIKOM. 5. INDIAN NATIONAL TRADE UNION CONGRESS (INTUC), KOVILATHUKADAVU UNIT, REPRESENTED BY PRESIDENT, ABDUL KALAM RAVUTHER, KOTTAPARAMPIL, NEAR VALIYAKAVALA, NADUVILE VILLAGE, VAIKOM. 6. BHARATHIYA MASDUR SANGAM (BMS), KOVILATHUKADAVU UNIT, REPRESENTED BY SECRETARY, P.S.SANTHOSH, S/O.SANKARANKUTTY, PERECHIRAYIL, POLASSERY, NADUVILE VILLAGE, VAIKOM. ADV. SRI.S.RADHAKRISHNAN FOR R4-6 GP MR.P A SALIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 17959/09 APPENDIX PETITIONERS' EXHIBITS : EXT.P1 TRUE COPY OF ORDER PASSED BY THE DISTRICT LABOUR OFFICER, KOTTAYAM, DATED 28.7.2008 EXT.P2 TRUE COPY OF THE AGREEMENT DT.5.11.2008 EXT.P3 TRUE COPY OF THE NOTICE ISSUED BY THE DISTRICT COLLECTOR, KOTTAYAM DATED 18.6.2009 EXT.P4 TRUE COPY OF THE PETITION SUBMITTED TO THE COLLECTOR DT.21.6.2009 EXT.P5 TRUE COPY OF THE PETITION FIELD BEFORE THE CI OF POLICE DT.23.6.2009 EXT.P6 TRUE COPY OF THE PETITION FILED BEFORE THE KERALA HEADLOAD WORKERS WELFARE BOARD, THALAYOLAPARAMBU EXT.P7(a)TRUE COPY OF THE AGREEMENT EXECUTED BY THE UNION AT ETTUMANOOR EXT.P7(b)TRUE COPY OF THE AGREEMENT EXECUTED BY THE UNION AT ALUVA EXT.P8 TRUE COPY OF FROM NO.B SUBMITTED BEFORE THE WELFARE FUND BOARD, MUVATTUPUZHA EXT.P9(a)TRUE COPY OF THE PETITION FIELD BEFORE THE SI OF POLICE DT.24.6.2009 EXT.P9(b)TRUE COPY OF THE PETITION SUBMITTED BEFORE THE CI OF POLICE DT.24.6.09 TRUE COPY PA TO JUDGE P.R.RAMAN & P.BHAVADASAN, JJ. -------------------------------------------------------- WP(C) No.17959 OF 2009-L -------------------------------------------------------- Dated 3rd July 2009 Judgment RAMAN, J. The petitioners, who are commission agents doing fish business in Kovilathukadavu fish market, have approached this court, praying for a direction to respondents 2 and 3 to provide necessary protection to them for doing the loading and unloading work in the fish market. According to the petitioners, respondents 4 to 6 are causing physical obstruction to the loading and unloading work. 2. Notice was issued and the respondents entered appearance through counsel. We heard the learned counsel on both sides. 3. Ext.P1 is an order passed by the District Labour Officer in exercise of the power under S.21(4) of the Kerala Headload Workers Act. No materials are produced in the Writ Petition to show that Ext.P1 was challenged by any of the parties. Ext.P2 is another agreement. The legality or otherwise of the said WP(C) No.17959/09 2 agreement is not to be decided in this Writ Petition. All that we wish to say is that so long as Ext.P1 is not cancelled or modified by any competent authority, that has to be in force unless it is a case where the parties have mutually agreed to make any modification thereto and it is permitted by law. This is a matter for the appropriate authority to decide in case a dispute is raised before it. But, nobody can be allowed to take law into their own hands and cause any physical obstruction to the work of loading and unloading being carried out. Therefore, we direct that in case any physical obstruction is caused to the loading and unloading work in the Kovilathukadavu fish market by respondents 4 to 6, the police shall interfere and remove such obstruction. 4. Respondents 4 to 6 can approach the Headload Workers Welfare Fund Board in case they have got a complaint that welfare fund is not being remitted by the employer whereupon, the Board will decide the issue and take remedial measures after issuing notice to the parties and also affording them an opportunity of being heard. WP(C) No.17959/09 3 5. As regards Prayer No.(iv) is concerned, it is not a matter to be adjudicated in a Writ Petition under Article 226 of the Constitution of India. Hence the said matter is left open. Respondents 4 to 6 can produce a copy of this judgment along with their petition before the office of the Headload Workers Welfare Fund Board for information. P.R.RAMAN, JUDGE P.BHAVADASAN, JUDGE sta WP(C) No.17959/09 4