IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 19TH MARCH 2009 / 28TH PHALGUNA 1930 WP(C).No. 7750 of 2009(K) ------------------------- PETITIONER(S): --------------- P.P.JOJO, S/O.PAULOSE, AGED 27 YEARS, PUTHENPURAYIL HOUSE, ASAMANNUR P.O., POOMALA, CHERUKUNNAM. BY ADV. SRI.PEEYUS A.KOTTAM SRI.RENJITH THOMAS RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. CIRCLE INSPECTOR OF POLICE, KURUPPAMPADY POLICE STATION. 3. SUB INSPECTOR POLICE, KURUPPAMPADY POLICE STATION. 4. JOHNSON, AGED 40 YEARS, S/O.PATHROSE, MANKUZHAYIL VEEDU, ASAMANNUR P.O., CHERUKUNNU. 5. KURIACHAN, POOMALA KARA, ASAMANNUR P.O., CHERUKUNNU. 6. M.K.ROY, S/O.KURIAKOSE, AGED 43 YEARS, MATTAPPILLIL HOUSE., ASAMANNUR P.O., CHERUKUNNU. W.P.(C)No.7750/2009 2 7. JOY, AGED 42 YEARS, S/O.VARGHESE, MALIYIL HOUSE, ASAMANNUR P.O., CHERUKUNNU. By G.P.SRI.R.LAKSHMI NARAYAN FOR R1 TO R3 ADV. SRI.C.S.AJITH PRAKASH FOR R4 to R7 SRI.T.D.SALIM FOR R4 to R7 SRI.PAUL C THOMAS FOR R4 to R7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF IDENTITY CARD ISSUED BY KERALA HEADLOAD WORKERS WELFARE BOARD PERUMBAVUR COMMITTEE TO THE PETITIONER. EXT.P2: TRUE COPY OF CERTIFICATE DATED 12.02.2009 ISSUED BY KERALA HEAD LOAD WORKERS WELFARE BOARD PERUMBAVOOR COMMITTEE. EXT.P3: TRUE COPY OF FIRST INFORMATION REPORT DATED 03.03.2009 OOF KURUPPAMPADY POLICE STATION. EXT.P4: TRUE COPY OF REPRESENTATION DATED 8.3.2009 SUBMITTED BY PETITIONER BEFORE 3RD RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R6(a): A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE TRADE UNION, DATED 04.12.03. EXT.R6(b): A TRUE COPY OF SETTLEMENT WITH AL-AMEEN WOOD INDUSTRIES DATED 17.03.08. EXT.R6(c): A TRUE COPY OF THE LETTER DATED 12.11.08 FORWARDING THE APPLICATION FOR REGISTRATION UNDER HEAD LOAD WORKERS ACT. EXT.R6(d): A TRUE COPY OF THE NOTICE REGARDING THE PUBLIC MEETING ORGANISED BY THE CIT UNION. EXT.R6(e): A TRUE COPY OF THE APPLICATION UNDER RIGHT TO INFORMATION ACT DATED 28.04.08. EXT.R6(f): A TRUE COPY OF THE REPLY GIVEN UNDER RIGHT TO INFORMATION ACT DATED 09.05.08. EXT.R6(g): A TRUE COPY OF THE ORDER OF THE ALO DATED 01-10-07 REJECTING THE APPLICATION FOR REGISTRATION UNDER 26A. EXT.R6(h): A TRUE COPY OF THE APPEAL MEMORANDUM AND DELAY CONDONATION PETITION FILED BY THE 6TH RESPONDENT AND OTHERS ON 16.03.09. EXT.R6(i): A TRUE COPY OF THE STAY PETITION IN THE APPEAL MEMORANDUM, DATED 16.03.09. EXT.R6(j): A TRUE COPY OF THE FIR DATED 3.3.2009. EXT.R6(k): A TRUE COPY OF THE NEWS ITEMS CADE IN MATHRUBHUMI DAILY DATED 4.3.2009. EXT.R6(l): A TRUE COPY OF THE MASS PETITION DATED 28.2.2009 SUBMITTED BY THE SHOP OWNERS TO THE DISTRICT COLLECTOR. EXT.R6(m): A TRUE COPY OF THE CARD ISSUED TO P.P.ELDHO, A HEAD LOAD WORKER. EXT.R6(n): A TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER IN WRIT WP(C) 7750 OF 2009 -2- PETITION 9C0 7841/2009. EXT.R6(o): A TRUE COPY OF THE DISPUTE FILED BEFORE THE CONCILATION OFFICER, ON 17-03-2009. -TRUE COPY- PA TO JUDGE P.R.RAMAN & P.S.GOPINATHAN, JJ. -------------------------------------- W.P.(C)No.7750 of 2009 ------------------------------------- Dated 19th March, 2009 JUDGMENT Raman, J . The right to do loading and unloading work in the area is in dispute. According to the petitioner, he is entitled to do the work. Respondents 4 to 7 would submit that they are registered workers. However, there is a dispute as to whether identity cards have been issued to the respondents or not. In the above circumstances and being a factual dispute, the matter can be resolved by the Conciliation Officer in accordance with the provisions of the Headload Workers Act. It is pointed out by the respondents that the dispute has already been raised as Ext.R6(o). In such circumstances, the Conciliation Officer is impleaded suo motu. We direct the Conciliation Officer to resolve and settle the dispute as soon as possible after hearing the parties and if it is not settled, refer the matter for adjudication in accordance with law. In the meanwhile, police shall see that there is no law and order situation. Since there is only one petitioner, interim order will be confined to the petitioner till a decision is taken as aforesaid and thereafter the matter will be governed based on the right as adjudicated. The writ petition is disposed of as above. P.R.RAMAN JUDGE P.S.GOPINATHAN JUDGE TKS