IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 21ST APRIL 2009 / 1ST VAISAKHA 1931 WP(C).No. 11464 of 2009(C) -------------------------- PETITIONER(S): --------------- NIKUNJAM CONSTRUCTIONS PVT.LTD., TRIVANDRUM-4,REP. BY ITS MANAGING DIRECTOR MR.M.S.KRISHNAKUMAR THROUGH HIS POWER OF ATTORNEY HOLDER MR.R.GANESH, RESIDING AT A/52,KRISHNA VIHAR KANAKA NAGAR, KOWDIAR.P.O, THIRUVANANTHAPURAM - 695 003. BY ADV. SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE SMT.SUSHYA RAJAN SRI.P.K.MANOJKUMAR RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, RURAL, THIRUVANANTHAPURAM. 3. THE CIRCLE INSPECTOR OF POLICE, KAZHAKOOTTAM, THIRUVANANTHAPURAM. 4. THE SUB INSPECTOR OF POLICE, KAZHAKOTTAM POLICE STATION, KAZHAKOOTTAM, THIRUVANANTHAPURAM. 5. THE DISTRICT HEAD LOAD AND GENERAL WORKERS UNION (CITU), KAZHAKOTTAM LOCAL COMMITTEE REPRESENTED BY ITS SECRETARY, SRI.V. SHANAVAS, KAZHAKOTTAM, THIRUVANANTHAPURAM. 6. THE KERALA HEAD LOAD WORKERS UNION (INTUC), MISSION HOSPITAL UNIT REPRESENTED BY ITS CONVENER SHIR. HUSSAIN, VADAKKUMBHAGOM, KAZHAKOTTAM.P.O. 7. THE KERALA HEAD LOAD WORKERS UNION (CITU), MISSION HOSPITAL UNIT, REPRESENTED BY ITS CONVENER, SRI. ASOKAN, VADAKKUMBHAGOM, KAZHAKOOTTAM.P.O, THIRUVANANTHAPURAM. 8. THE DISTRICT LABOUR OFFICER, THIRUVANANTHAPURAM. ADV. SRI.M.RAJAGOPALAN NAIR FOR R5 AND R7. G.P. SMT.R.BINDU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 11464/09. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE APPLICATION FOR REGISTRATION. P2. COPY OF THE LETTER DTD.16.6.08 TO THE LABOUR OFFICE. P3. COPY OF THE LETTER DTD.24.7.08, BY THE LABOUR OFFICER. P4. COPY OF THE NOTICE DTD.8.8.08 BY THE DIST. LABOUR OFFICER. P5. COPY OF THE REPRESENTATION DTD.19.3.09. P5A. COPY OF THE ACKNOWLEDGEMENT CARD. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN & ANTONY DOMINIC, JJ. ================== W.P(C).No.11464 of 2009 ================== Dated this the 21st day of April, 2009 J U D G M E N T Antony Dominic, J.: The controversy in this writ petition is relating to the loading and unloading work at the construction site of a multi-storied apartment undertaken by the petitioner at Kazhakkuttam in Thiruvananthapuram District. According to the petitioner, there are several items of loading and unloading work to be carried out and, although the area in question is not one covered by the Scheme framed under the Kerala Headload Workers Act and Rules, the petitioner is willing to get the work done engaging members of respondents 5, 6 and 7, and paying the wages as notified by the Kerala Headload Workers Welfare Board. It is also stated that a dispute regarding the amount payable is pending conciliation before the 8th respondent. It is further stated that despite the position as above, respondents 5 to 7 are obstructing the work, demanding exorbitant wages. 2. The counsel appearing for respondents 5 to 7 submits that respondents 5 to 7 are willing to do the loading and unloading work accepting the wages as now offered by the petitioner and subject to the outcome of the conciliation proceedings now pending before the 8th respondent. w.p.c.11464/09 2 3. Having heard both sides, we feel that the grievance of the petitioner can be redressed by issuing the following directions: We record the submission made by the counsel for respondents 5 to 7 that their members are not causing any obstruction to the work and that they are willing to carry out the work accepting the wages as offed by the petitioner and subject to the outcome of the conciliation proceedings that are now pending before the 8th respondent. It is directed that in case, contrary to the undertaking as above, any obstruction is created by respondents 5 to 7 or their members, it wold be open to the petitioner to approach respondents 2 and 3, in which event, the aforesaid respondents shall ensure that adequate assistance to remove such obstruction is extended to the petitioner. Writ petition is disposed of as above. Sd/- S.SIRI JAGAN, JUDGE Sd/- sdk+ ANTONY DOMINIC, JUDGE ///True copy/// P.A. to Judge