IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 WP(C).No. 32971 of 2011(V) -------------------------- PETITIONER(S): --------------- VELLATHARAYIL INDUSTRIES REPRESENTED BY ITS PROPRIETOR ABDUL LATHEEF MALAMURY, PULLUVAZHI PO, PERUMBAVOOR ERNAKULAM DISTRICT. BY ADV. SRI.S.M.PRASANTH RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE KOLLAM 691 001. 2. THE STATION HOUSE OFFICER THENMALA, KOLLAM 691 308. 3. INDIAN NATIONAL TRADE UNION CONGRESS (INTUC) REPRESENTED BY ITS SECRETARY MR MAMBAZHATHARA SALIM, KAZHUTHURUTTY, AARYANKAVU KOLLAM DISTRICT 691 309. 4. CENTRE OF INDIAN TRADE UNION CITU REPRESENTED BY ITS SECRETARY, MR R.SURESH KAZHUTHURUTTY, AARYANKAVU, KOLLAM DISTRICT 691309 5. ALL INDIA TRADE UNION CONGRESS AITUC REPRESENTED BY ITS SECRETARY,MR H ABDUL KHADER KAZHUTHURUTTY, AARYANKAVU, KOLLAM DISTRICT 691309 6. BHARATHEEYA MAZDOOR SANGH (BMS) REPRESENTED BY ITS SECRETRY MR C RAJN PALATHINGAL, KAZHUTHURUTTY, AARYANKAVU, KOLLAM DISTRICT 691309 7. KERALA TRADE UNION CONGRESS (KTUC-M) REPRESENTED BY ITS SECRETRY MR CHANDRASEKHARAN MAMBAZHATHARA, URUKUNNU P O, KOLLAM DISTRICT. 8. KERALA TRADE UNION CONGRESS (KTUC-B) REPRESENTED BY ITS SECRETRY MR SUMESH S EDAMON 34, EDAMON PO,, KOLLAM DISTRICT 691 306. 9. UNITED TRADE UNION CONGRESS UTUC REPRESENTED BY ITS SECRETRY MR NASAR KHAN THENMALA, KOLLAM 691 308. 10. MR JOHNSON, CONVENOR, INDIAN NATIONAL TRADE UNION CONGRESS NAGAMALA ESTATE, KAZHUTHURUTTY PO KOLLAM DISTRICT 691 309. R11.DISTRICT LABOUR OFFICER KOLLAM ( IMPLEADED AS PER ORDER DATED 21/2/2011) . SRI.B.MOHANLAL FOR R3 BY GOVT.PLEADER SRI.SHYSON P.MANGUZGA (R1 & R2) BY P.RAMAKRISHNAN, (R7) E.K.NANDAKUMAR BENNY P.THOMAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.32971/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE AGREEMENT DATED 17/11/2011 EXECUTED BETWEEN THE PETITIONER AN D M/S HARRISON MALAYALAM LIMITED. EXT.P2: COPY OF THE AGREEMENT DATED 25/9/2011 EXECUTED BETWEEN THE PETITIONER AND THE TRADE UNIONS. EXT.P3: COPY OF THE COMMUNICATION DATED 20/9/2011 RECEIVED BY THE PETITIONER FROM M/S. HARRISON MALAYALAM LIMITED. EXT.P4: COPY OF THE PETITION DATED 7/12/2011 SUBMITTED BY THE PETITIONER BEFORE R2. EXT.P5: COPY OF THE PETITION DATED 8/12/2011 SUBMITTED BY THE PETITIONER BEFORE R2. RESPONDENTS' EXHIBITS; EXT.R7(A): COPY OF NOTICE DATED 21/11/2011 ISSUED BY THE ASSISTANT LABOUR OFFICER, PUNALUR. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ W.P.(C) NO.32971 OF 2011 ------------------------ Dated this the 21st day of December, 2011 JUDGMENT Pius C.Kuriakose, J. We have today passed an interim order, which in our opinion grants all adequate reliefs to the petitioner. In view of the above interim order, we dispose of this writ petition without issuing further orders. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk W.P.(C) No. 32971 /2011 2 W.P.(C) No. 32971 /2011 3 PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ W.P.(C) NO.32971 OF 2011 ------------------------ Dated this the 21st day of December, 2011 O R D E R Pius C.Kuriakose, J. The District Labour Officer, Kollam is impleaded suo motu as additional 11th respondent. The Registry will carry out corrections in the cause title. The State Attorney takes notice on behalf of the additional 11th respondent also . W.P.(C) No. 32971 /2011 4 2. Having considered the rival pleadings raised by the parties, various materials placed on record and the submissions addressed at the Bar by Sri.K.Ramkumar learned senior counsel for the petitioner, Sri.P.Ramakrishnan learned counsel for the 7th respondent, Sri.Benny P.Thomas, who addressed us as directed by us, on behalf of M/s.Harisson Malayalam Limited, Sri.B.Mohanlal learned counsel for the 3rd respondent and Sri.K.Siju Kamalasan learned counsel for respondents 4 and 5, and Sri.Shyson P.Manguzha learned senior Government Pleader for respondents 1 and 2, we are of the view that an interim order to the following effect can be passed. i). Respondents 1 and 2 or any police officers authorised by the first respondent will grant adequate protection to the petitioner for executing the works, that has been given to him in terms of Exts.P1 and P2 agreements, free from obstructions from any quarter. ii). As for the inter-union dispute between respondents 3,4,5,6,8 and 9 on one part and the 7th respondent on the other and any other special claim, which the 7th respondent has raised in respect of the work to be carried out pursuant to Ext.P2, we W.P.(C) No. 32971 /2011 5 direct the additional 11th respondent to expedite the proceedings for settling such dispute through conciliation. At any rate, there will be a direction to the additional 11th respondent to take a decision on the above dispute within 7 days of receiving a copy of this order. iii). The office bearers of respondents 3,4,5 ,6,7 ,8 ,9 and 10 are directed to participate in the conciliation proceedings to be initiated by the additional 11th respondent. We make it clear that the protection, which is being granted to the petitioner for executing the works pursuant to this order, will be subject to the final outcome of the conciliation proceedings initiated by the additional 11th respondent. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk W.P.(C) No. 32971 /2011 6