IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 7TH JUNE 2011 / 17TH JYAISHTA 1933 WP(C).No. 14336 of 2011(N) ---------------------------------------- PETITIONER(S): ------------------------ V.K.SURESH, S/O.KUNJU PILLAI, VADAKKEVEETTILE HOUSE, MALAYALAPUZHA VILLAGE, THAZHAM MURI, PATHANAMTHITTA DISTRICT, REP.BY HIS P/A HOLDER A.V.VINOD KUMAR, S/O.VENUGOPALAN NAIR, AGED 36 YEARS, AMBALAVELIL VEETTIL, PARAMADOM MURI, MALLASSERI.P.O., PATHANAMTHITTA. BY ADVS. SRI.C.V.MANUVILSAN SRI.P.G.SURESH SMT.K.VIDYA SRI.RAJAN VISHNURAJ RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM-PIN- 695 001. 2. THE SUB INSPECTOR OF POLICE, KOODAL POLICE STATION.PIN- 689 693. 3. THE CIRCLE INSPECTOR OF POLICE, KONNI POLICE STATION. PIN- 689 691. 4. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA DISTRICT.PIN- 689 645. 5. K.ASOKAN, CONVENER, ALL INDIA TRADE UNION CENTRE, MANGODE.P.O., KOLLAM DISTRICT.PIN- 679 503. 6. S.JAMALUDDEEN, CONVENER CENTRE FOR INDIAN TRADE UNION, MANGODE.P.O., KOLLAM DISTRICT.PIN- 679 503. sts 2/- -2- WP(C)NO.14336/2011 7. P.HANEEFA, CONVENER INDIAN NATIONAL TRADE UNION CENTRE, MANGODE.P.O., KOLLAM DISTRICT. PIN- 679 503. 8. USUF, CONVENER KERALA TRADE UNION CENTRE (M), MANGODE.P.O., KOLLAM DISTRICT.PIN- 679 503. 9. SYED MAZOOD, CONVENER KERALA TRADE UNION CENTRE (B),MANGODE.P.O., KOLLAM DISTRICT.PIN- 679 503. 10. AHAMMED, CONVENER INDIAN NATIONAL LABOUR CONGRESS, MANGODE.P.O., KOLLAM DISTRICT.PIN- 679 503. R1 TO R4 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS R5 TO R10 BY ADV. SRI.R.KRISHNA RAJ, THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts 3/- -3- WP(C)NO.14336/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE AGREEMENT DATED EXECUTED BETWEEN THE PETITIONER AND THE OWNERS OF THE PROPERTIES SITUATED IN SY.NO.248/2, 249/2, 248/3, 249/4 OF KALANJOOR VILLAGE OF PATHANAMTHITTA DISTRICT. P2 COPY OF THE AGREEMENT DATED 27/04/2011,EXECUTED BETWEEN THE PETITIONER AND THE CONCERNED TRADE UNION REPRESENTATIVES OF THE AREA. P3 COPY OF THE JUDGMENT DATED 19/08/2010 PASSED BY THIS HON'BLE COURT IN W.P.(C)NO.29291/2008. P4 COPY OF THE ORDER DATED 31/01/2011 IN KHLWA 3804/2007 PASSED BY THE REGIONAL JOINT LABOUR COMMISSIONER, KOLLAM. P5 COPY OF THE COMPLAINT DATED 30/04/2011 TO THE 2ND RESPONDENT. P6 COPY OF THE COMPLAINT DATED 02/05/2011 TO THE 3RD RESPONDENT. P7 COPY OF THE COMPLAINT DATED 04/05/2011 TO THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.14336 of 2011 ------------------------------------------- Dated this the 7th June, 2011 JUDGMENT Basant, J. The petitioner has come to this Court seeking issue of directions under Article 226 of the Constitution to respondents 2 to 4 - all police officials and first respondent State to afford protection to the petitioner to carry on the work in a property covered by Ext.P1 agreement of the petitioner with another. It is the case of the petitioner that workmen of trade unions represented by respondents 5 to 10 are causing illegal obstruction to such work. It is the case of the petitioner that in the light of Ext.P4 order passed by the appellate authority under Section 21(6) of the Kerala Headload Workers'Act, respondents 5 to 10 who are registered as headload workers by the Assistant Labour Officer, Punalur coming within the district of Kollam have no right to obstruct the work of the petitioner which he wants to undertake in Kalanjoor Panchayat within the jurisdiction of the Pathanamthitta District. Kalanjoor Panchayat falls within the jurisdiction of Assistant Labour Officer, Adoor. It is the case of the petitioner that in the light of Ext.P4, he can engage workmen having registration issued by the Assistant WPC No.14336 of 2011 2 Labour Officer, Adoor and respondents 5 to 10 and their workmen who have registration issued by the Assistant Labour Officer, Punalur have no right to work or obstruct such work. 2. Respondents 5 to 10 have entered appearance before Court. Their only contention is that Ext.P4 order has been challenged by them by filing Writ Petition No.5295 of 2011 before this Court. 3. As directed by this Court, notice was given to the learned standing counsel for the Kerala Headload Workers Welfare Board. The learned Standing counsel points out that in identical situations, this Court had issued directions by judgment dated 8th April 2011 in Writ Petition No.10563 of 2011 and by judgment in WPC No.11447 of 2011 dated 23.5.2011. Identical directions may be issued in this matter also, submits the learned standing counsel. 4. The learned counsel for respondents 5 to 10 only submits that it may be clarified that any direction issued in this case shall be subject to the decision in WPC No.5295 of 2011. 5. Having considered all the relevant inputs, we are satisfied that identical directions which were issued in the two earlier cases can be issued in this case also. 6. In the result, a) This writ petition is allowed. Respondents 1 and 2 are WPC No.14336 of 2011 3 directed to afford protection to the petitioner to carry out his work in respect of Ext.P1 agreement by engaging workmen having registration issued by the Assistant Labour Officer, Adoor against any obstruction that may be caused by respondents 5 to 10. b) We make it clear that we have not intended to express any opinion on merits about the acceptability of the conclusions in Ext.P4 or on the merits of the challenge raised against Ext.P4 order. No observation in this judgment shall fetter the rights of respondents 5 to 10 to raise all relevant contentions in the writ petition filed to assail Ext.P4. c) Needless to say that the directions hereby issued shall be subject to the result of the decision in Writ Petition No.5295 of 2011. sd/- R.BASANT JUDGE sd/- K.SURENDRA MOHAN JUDGE css/ true copy P.S.TO JUDGE