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 FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 WP(C).No. 38297 of 2008(H) ----------------------------------------- PETITIONER(S): ----------------------- THULASIDHARAN, S/O.NANU, AGED 47 YEARS, RESIDING AT MANU BHAVAN, THEVANOOR MURI, ELAMADU VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.SYAM J SAM SRI.A.R.ARSHAD KHAN RESPONDENT(S): ---------------------------- 1. SUB INSPECTOR OF POLICE, CHADAYAMANGALAM POLICE STATION, KOLLAM DISTRICT. 2. THE DISTRICT SUPERINTENDENT OF POLICE, KOLLAM. 3. V.RAGHAVAN NAIR, V.R.SADANAM, THEVANOOR MURI, ELAMADU VILLAGE, KOTTARAKKARA ELAMADU P.O., KOTTARAKKARA. 4. B.SUNDARAN, NIRMALYAM, THEVANOOR MURI, ELAMADU P.O.,KOTTARAKKARA 5. VASUPILLAI, CONVENER, HEADLOAD WORKERS UNION, INTUC AMBALAMUKKU UNIT, ELAMADU P.O., KOTTARAKKARA. 6. RAMACHANDRAN, CONVENER, HEADLOAD WORKERS UNION, CITU AMBALAMUKKU UNIT, ELAMADU P.O., KOTTARAKKARA. 7. THANKACHAN, CONVENER, HEADLOAD WORKERS UNION, KTUC AMBALAMUKKU UNIT, ELAMADU P.O., KOTTARAKKARA. W.P.(C) NO.38297/2008 8. KUTTAPPAN, CONVENER HEAD LOAD WORKERS UNION AITUC AMBALAMUKKU UNIT, ELAMADU P.O., KOTTARAKKARA. 9. BALAKRISHNAPILLAI, CONVENER HEAD LOAD WORKERS UNION, BMS AMBALAMUKKU UNIT, ELAMADU P.O., KOTTARAKKARA. 10. SALIM, CONVENER HEAD LOAD WORKERS UNION, CITU THEVANOOR UNIT, THEVANOOR P.O., KOTTARAKKARA. 11. SURENDRAN, CONVENER HEADLOAD WORKERS UNION, AITUC THEVANOOR UNIT, THEVANOOR P.O., KOTTARAKKARA. 12. BIJU, CONVENER HEADLOAD WORKERS UNION, INTUC THEVANOOR UNIT, THEVANOOR P.O., KOTTARAKKARA. BY GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.38297/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE AGREEMENT ENTERED BY THE PETITIONER WITH 3RD AND 4TH RESPONDENTS DT. 16.10.08. P2:- COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DT. 23.12.08. /TRUE COPY/ P.S. T JUDGE tss J.B. KOSHY, Ag.C.J. & V.GIRI, J. ------------------------- W.P.(C)No.38297 of 2008 ------------------------- Dated this the 2nd day of January, 2009. JUDGMENT KOSHY, Ag.C.J. The petitioner undertook to cut and remove rubber trees from the property of respondents 3 and 4. But the work is obstructed due to inter union rivalry, petitioner is willing to carry out the work by any of the workers. Because of the inter-union rivalries, the work is being delayed. In the above circumstances, the 1st respondent, with the assistance of the Labour Officer concerned should see that the dispute is resolved within a week and the petitioner is allowed to carry out the work. We also note that it is not a scheme covered area under the Headload Workers' Act. If the dispute is not resolved between the unions within two weeks from today, the petitioner is allowed to carry out the work W.P.(C)No.38297/08 :: 2 :: engaging his own workers and police shall give adequate protection to carry out the work. Writ petition is disposed of as above. Sd/- (J.B. KOSHY) ACTING CHIEF JUSTICE Sd/- (V.GIRI) JUDGE sk/ //true copy//