IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 22ND JANUARY 2010 / 2ND MAGHA 1931 WP(C).No. 37154 of 2009(L) -------------------------- PETITIONERS: --------------- 1. V.A.SHAJU, SECRETARY, LOADING AND UNLOADING WORKERS' UNION (AITUC), KERALA FEEDS, FEEDS NAGAR, P.O.KALLETTUMKARA, THRISSUR. 2. C.L.GEORGE, SECRETARY, LOADING AND UNLOADING WORKERS' UNION (INTUC), KERALA FEEDS, FEEDS NAGAR, P.O.KALLETTUMKARA, THRISSUR. 3. SHYLA KUMAR, SECRETARY, LOADING AND UNLOADING WORKERS' UNION (CITU), KERALA FEEDS, FEEDS NAGAR, P.O.KALLETTUMKARA, THRISSUR. 4. N.N.ANILKUMAR, SECRETARY, LOADING AND UNLOADING WORKERS' UNION (BMS), KERALA FEEDS, FEEDS NAGAR, P.O.KALLETTUMKARA, THRISSUR. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENTS: --------------- 1. KERALA FEEDS LIMITED, KALLETTUMKARA, THRISSUR-680 683, REPRESENTED BY ITS MANAGING DIRECTOR. 2. LOADING AND UNLOADING WORKERS' UNION (CITU), FIRST BATCH, KERALA FEEDS, FEEDS NAGAR, P.O.KALLETTUMKARA, REPRESENTED BY ITS SECRETARY. 3. LOADING AND UNLOADING WORKERS' UNION (AITUC), FIRST BATCH, KERALA FEEDS, FEEDS NAGAR, P.O.KALLETTUMKARA, REPRESENTED BY ITS SECRETARY. 4. LOADING AND UNLOADING WORKERS' UNION (BMS), FIRST BATCH, KERALA FEEDS, FEEDS NAGAR, P.O.KALLETTUMKARA, REPRESENTED BY ITS SECRETARY. 5. LOADING AND UNLOADING WORKERS' UNION (INTUC), FIRST BATCH, KERALA FEEDS, FEEDS NAGAR, P.O.KALLETTUMKARA, REPRESENTED BY ITS SECRETARY. 6. LOADING AND UNLOADING WORKERS' UNION (JTUC), FIRST BATCH, KERALA FEEDS, FEEDS NAGAR, P.O.KALLETTUMKARA, REPRESENTED BY ITS SECRETARY. 7. INDEPENDENT UNION OF LOADING AND UNLOADING WORKERS' UNION, KERALA FEEDS, FEEDS NAGAR, P.O.KALLETTUMKARA, REPRESENTED BY ITS SECRETARY. 8. LAND OWNERS PRAVARTHAKA SAMITHY, KERALA FEEDS, FEEDS NAGAR, P.O.KALLETTUMKARA, REPRESENTED BY ITS SECRETARY. R1 BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH SRI.V.J.ANAND R2 – R8 BY ADV. SRI.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rkc P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) No.37154 of 2009 -------------------------- Dated this the 22nd January, 2010 J U D G M E N T Petitioners have approached this Court with the following prayers : A. Writ of mandamus or any other appropriate writ or order, directing the 1st respondent to provide the 40 workers represented by the petitioners herein with the work excess of 20580 tonnage promised to 147 workers of the 1st batch; B. Holding that the 40 workers represented by the petitioners are entitled to the work in excess of 20580 tonnage allotted to the1st batch; and . C. Issue a writ of mandamus or any other appropriate writ or order directing the 1st respondent to take further action on Ext.P6 forthwith. 2. Learned counsel appearing for the petitioners submits that the prayers are well justified in view of the settlement arrived at between the management and the representative of the workers, particularly in the light of clause 10 of Ext.P2 and the claim of the petitioner is only with regard to the 'excess work' over and above the stipulation under clause 10. W.P (C) No.37154 of 2009 2 3. Learned standing counsel for the 1st respondent submits that the 1st respondent has absolutely no objection whatsoever to the above request, for the time being, subject to the stipulation under clause 10 of Ext.P2. Since no other grievance has been brought forth by any of the parties concerned, this Court finds that the writ petition can be allowed as such. 4. Accordingly, the 1st respondent is directed to provide work to the 40 workers represented by the petitioners in excess of '20580 tonnage' of work promised to the 147 workers of the 1st batch as contained in clause 10 of Ext.P2. Writ petition is allowed as above. No cost. P.R.RAMACHANDRA MENON, JUDGE ma W.P (C) No.37154 of 2009 3 W.P (C) No.37154 of 2009 4