IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 32039 of 2008(L) -------------------------- PETITIONER: --------------- JOHN PAUL, MANAGING PARTNER, KONNULLY, EXPORTS AND TRADERS, CC. 2329, KOCHUPALLY ROAD, KOCHI-5, PIN - 682 005. BY ADV. SRI.V.N.VASANTHA KUMAR RESPONDENTS: --------------- 1. THE CIRCLE INSPECTOR OF POLICE, PALLURUTHY, KOCHI-6. 2. SUB INSPECTOR OF POLICE, THOPPUMPADY POLICE STATION, KOCHI-5. 3. CONVENOR, C.I.T.U, MATTANCHERRY HALT, PYARI JUNCTION, KOCHI-5. ADV. SRI.K.R.VINOD FOR R3 SMT.S.RAKHEE FOR R3 SRI.M.RIJESH FOR R3 GOVERNMENT PLEADER, SRI.BENJAMIN PAUL FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.32039/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE TRUST DEED EXECUTED IN 12.9.1996. EXT.P2: COPY OF THE REGISTRATION CERTIFICATE NO.716/99 ISSUED BY THE REGISTRAR OF FIRMS, TRIVANDRUM DT.8.6.2000. EXT.P3: COPY OF THE ACKNOWLEDGEMENT RECEIVED FROM THE DEPARTMENT OF INDUSTRIES. EXT.P4: COPY OF THE AMENDED TRUST DEED. EXT.P5: COPY OF THE PROFESSIONAL TAX RECEIPT ISSUED BY THE CORPORATION OF KOCHI. EXT.P6: COPY OF THE LICENSE FEE RECEIPT NO.035879 DT.26.3.2008. EXT.P7: COPY OF THE CERTIFICATE OF REGISTRATION DT.1.11.1996. EXT.P8: COPY OF THE IMPORTING CARD RECEIVED FROM THE GOVERNMENT OF INDIA DT.31.5.2001. EXT.P9: COPY OF THE PETITION BEFORE THE S.I. OF POLICE, THOPPUMPADY. EXT.P10: COPY OF THE RECEIPT. RESPONDENT'S EXTS: EXT.R2(a): COPY OF THE CERTIFICATE ISSUED BY THE CHAIRMAN KERALA HEAD LOAD WORKERS WELFARE BOARD DT.3.11.2008. EXT.R2(b): THE SPECIMEN COPIES OF THE RULE 6A IDENTITY CARDS ISSUED BY THE KERALA HEAD LOAD WORKERS WELFARE BOARD TO THE MEMBERS OF THE 3RD RESPONDENT. //TRUE COPY// PA TO JUDGE K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO. 32039 OF 2008-L ----------------------------------------- Dated 10th November, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner is engaged in the manufacture and export of condiments. For loading of finished products inside the factory into vehicles and containers, the petitioner has engaged his own permanent workmen. The raw materials brought to the unit in bulk quantities are unloaded by the workers represented by the 3rd respondent. But, those workers have now raised a new claim that the work of loading of finished products done inside the factory should also be given to them. They are using threat and violence to press that claim. Therefore, the petitioner preferred Ext.P9 representation before the police, seeking protection and thereafter, this writ petition is filed, seeking appropriate reliefs. 2. The learned Government Pleader, upon instructions, submitted that the petitioner was doing the works in his establishment, using the WPC 32039/2008 2 workmen of his choice. Now, the present demand is a new demand raised by the headload workers, it is submitted. 3. We heard the learned counsel appearing for the 3rd respondent also. According to the said respondent, the members of the union represented by him are presently satisfied with the unloading work of bulk raw materials brought to the unit. They will pursue their claim for loading of finished products, before the statutory forum. The above submission of the 3rd respondent will redress the grievance of the petitioner. But, if any obstruction is caused to the loading of finished products by the petitioner using his men and machinery, he may inform the 2nd respondent. In that event, the 2nd respondent shall remove the obstruction. But, this will not affect the rights, if any, of the members of the union represented by the 3rd respondent, to move the statutory forum, claiming the aforementioned work also. If there is any order of the statutory authority in favour of the workmen, the direction issued by us to grant protection will be subject to such orders. Needless to say, the police shall not interfere with the unloading of bulk raw materials brought to the petitioner's unit by the members of the union WPC 32039/2008 3 represented by the 3rd respondent. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/