IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 WP(C).No. 34248 of 2011(E) -------------------------- PETITIONER(S): --------------- M/S/CONFIDENT PROJECTS INDIA LTD, SAHODARAN AYYAPPAN ROAD,VYTTILA,KOCHI-682019, REPRESENTED BY IT'S GENERAL MANAGER AND AUTHORIZED SIGNATORY,SRI.K.V.VARGHESE,S/O.K.V.VARGHESE. BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,HOME AFFAIRS DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,PIN-695001. 2. THE SUPERINTENDENT OF POLICE,(RURAL), OFFICE OF THE SUPERINTENDENT OF POLICE,(RURAL), ALUVA,PIN-683101. 3. THE CIRCLE INSPECTOR OF POLICE, PATTIMATTOM,PIN-683562. 4. THE SUB INSPECTOR OF POLICE, MALAYIDAMTHURUTH.P.O,EDATHALA,PIN-683561. 5. THE KERALA HEAD LOAD WORKERS WELFARE BOARD,ALUVA SUB OFFICE,MUNICIPAL BUILDING,RAILWAY STATION ROAD,ALUVA-683101,REPRESENTED BY ITS JILLA CHAIRMAN. 6. THE DISTRICT LABOUR OFFICER,KAKKANAD, ERNAKULAM,PIN-682030. 7. THE CONVENOR,HEADLOAD WORKERS' UNION, CITU,WIRE-ROPES JUNCTION,POOKATTUPADY,ALUVA, PIN-683561. 8. THE CONVENOR,HEADLOAD WORKERS' UNION, INTUC,POOKATTUPADY,ALUVA,PIN-683561. 9. THE CONVENOR,HEADLOAD WORKERS' UNION, BMS,POOKATTUPADY,ALUVA,PIN-683561. 10. THE CONVENOR,HEADLOAD WORKERS' UNION, AITUC,POOKATTUPADY,ALUVA,PIN-683561. ADV. SRI.C.A.CHACKO FOR R7 SRI.C.S.AJITH PRAKASH FOR R8 SRI.PAUL C THOMAS FOR R8 BY GOVT.PLEADER SRI.DHANESH MATHEW MANJOORAN BY SRI.KOSHY GEORGE (R5) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/12/2011, ALONG WITH WP(C)34686/2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.34248/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.1: COPY OF THE RENEWED BUILDING PERMIT ISSUED BY THE KIZHAKKAMBALAM GRAM PANCHAYAT IN FAOUR OF THE PETITIONER DATED 28/4/2011. EXT.P2: COPY OF THE BUILDING PERMIT ISSUED BY THE KIZHAKKAMBALAM GRAM PANCHAYATH IN FAVOUR OF THE PETITIONER DATED 12/11/2009. EXT.P3: COPY OF AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND SRI. SANTHOSH K.CHERIAN & ANOTHER FOR THE CONSTRUCTION OF AN APARTMENT IN CONFIDENT AURIGA - III' DATED 27/9/2011. EXT.P4: COPY OF THE REPRESENTATION MADE BY THE PETITIONER TO THE 6TH RESPONDENT WITH COPY TO THE RESPONDENTS 4,5,7 AND 8 DATED 14/12/2011. EXT.P5: A TRUE COPY OF REQUEST MADE BY THE 5TH RESPONDENT TO THE RESPONDENTS 2 AND 3 DATED 15/12/2011. EXT.P6: A TRUE COPY OF THE DECISIONS TAKEN BY THE 5TH RESPONDENT IN ITS SUB COMMITTEE MEETING DATED ON 15/12/2011. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ W.P.(C) NO. 34248 & 34686 OF 2011 ------------------------ Dated this the 23rd day of December, 2011 JUDGMENT Pius C.Kuriakose, J. W.P.(C) No. 34248/2011 is filed by a company - M/s. Confident Projects India Ltd. seeking police protection for the headload works to be done in the construction site of the petitioner company by engaging the headload workers who are allotted by the 5th respondent - the Kerala Headload Workers Welfare Board, Aluva Sub Office. 2. W.P.(C) No. 34686/2011 is filed by one Sri.Shamsu M.K., who is said to be the Secretary of the Wire Ropes Unit of the C.I.T.U. seeking protection to the members of his unit, who are deployed by the Kerala Headload Workers Board, for doing loading and unloading works in the various establishments, to which the workers in Pool No.49 are being deployed, without obstruction in that regard from the part of the 5th respondent and the members of the union of which the 5th respondent is W.P.(C) No. 4248 & 34686 /2011 2 the Secretary. 3. Having considered the pleadings raised by the parties in these two writ petitions and the submissions addressed at the Bar by Sri. Abraham Mathew learned counsel for the petitioner in W.P.(C) No. 34248/2011, Smt.C.M.Charisma learned counsel for the petitioner in W.P.(C) No.34686/2011, Sri.Paul C.Thomas learned counsel for the INTUC union which is the 8th respondent in WP.(C) No. 34248/2011 and the 5th respondent in W.P.(C) No. 34686/2011 and the submissions of Sri.T.P.Sajid learned senior Government Pleader and those of Sri.Koshy George learned standing counsel for the Headload Workers Welfare Board, we feel that as the sites in question fall within the area where the functional operation of the headload workers scheme were implemented and it is the workers in Pool No.49, who are deployed for carrying out the said work, those workers should be permitted to execute their works without being obstructed in any manner by the members of the union which is the 5th respondent in W.P.(C) No. 34686/2011. 4. The submission of Sri. Paul C.Thomas was that the application for registration submitted by the members of the W.P.(C) No. 4248 & 34686 /2011 3 INTUC union under Rule 6A of the scheme was rejected. Against the rejection order, appeals have preferred and and they are pending. The INTUC union intends to prefer a separate writ petition for ventilating their grievance and for proper relief. Any direction, which this court may issue in favour of the workers presently in pool No. 49, may not cause prejudice to the interest of the members of the INTUC union in the present and pending litigations in which the INTUC union is involved. Mr.Paul C.Thomas also requests that if there is any excess work, the management may be directed to engage members of INTUC union. 5. Sri.Koshy George learned standing counsel would submit that in as much as the functional operation of the scheme has not been implemented in the area so long as the workers have not secured registration, they are not entitled to claim the work. 6. Having considered the rival submissions addressed at the Bar, we are inclined to dispose of both these writ petitions issuing the following directions; i). The Police officers - respondents 1 to 3 in W.P.(C) No.34686/2011 and the respondents 2 to 4 in W.P.(C) No. W.P.(C) No. 4248 & 34686 /2011 4 34248/2011 shall render adequate and effective protection to the petitioner in WP.(C) No. 34248/2011 and workers who are in pool No.49 - Wire-Ropes Junction Union and are deployed for carrying out the work by the Kerala Head load Workers Welfare Board, if requests in that regard is made for the smooth execution of the head load works in the site in question. ii). We make it clear that this judgment is without prejudice to the contentions and interest of the members of the INTUC union headed by the 8th respondent in W.P.(C) NO.34248/2011 involved in the appeal which they claim to have filed against the order rejecting their application for registration and also in the writ petition which they may file in future. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk W.P.(C) No. 4248 & 34686 /2011 5