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 13TH OCTOBER 2008 / 21ST ASWINA 1930 WP(C).No. 1518 of 2008(E) ------------------------- PETITIONER: --------------- M/S. LOURDES MATHA CASHEW INDUSTRIES, PUTHOOR, KOLLAM - REPRESENTED BY ITS PROPRIETOR, JOBRUN G.VARGHESE. BY ADV. SRI.N.D.PREMACHANDRAN SRI.D.AJITHKUMAR SMT.LALIZA.T.Y. RESPONDENTS: --------------- 1. DISTRICT SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, KOLLAM. 2. CIRCLE INSPECTOR OF POLICE, CHATHANNOOR POLICE STATION, CHATHANNOOR, KOLLAM. 3. SUB INSPECTOR OF POLICE, KOTTIYAM POLICE STATION, KOTTIYAM, KOLLAM. 4. LIMARA CASHEW COMPANY, KOTTIYAM, REPRESENTED BY ITS PROPRIETOR NIZAMUDEEN S., "RAZOOMAS", UMAYANALLOOR, KOLLAM. 5. TINKU, S/O. SADASIVAN PILLA, PRASANTHI, PALAKKAD, ADICHANELLOOR, KOLLAM - SECRETARY, KOTTIYAM CASHEW NUT FACTORY WORKERS UNION (UTUC), KOTTIYAM. 6. R.SASIDHARAN, CHERUVILA VEEDU, KOTTIYAM P.O., KOLLAM, BRANCH SECRETARY, KOLLAM TALUK, KASUVANDI WORKERS UNION, (CITU), KOTTIYAM BRANCH, KOTTIYAM. ADV. SRI.A.A.ABUL HASSAN FOR R4 SRI.B.MOHANLAL FOR R5 & R6 GOVERNMENT PLEADER, SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J U D G M E N T Balakrishnan Nair, J. This Court, after hearing both sides, passed an interim order on 22.1.2008. In view of the said interim order, no further orders are required in this writ petition. Accordingly, it is closed. SD/- K.BALAKRISHNAN NAIR, JUDGE. 13.10.2008 SD/- M.C.HARI RANI, JUDGE. //TRUE COPY// PA TO JUDGE K. BALAKRISHNAN NAIR & P.N. RAVINDRAN, JJ. --------------------------------------------------------------- W.P.(C)NO.1518 OF 2008- E -------------------------------------------------------------- Dated this the 22nd day of January, 2008. O R D E R Balakrishnan Nair, J: Heard. The petitioner has entered into an agreement with the 4th respondent, who is presently the licensee of a cashew factory, for processing 827 bags of raw cashew nuts. Out of the cashew nuts so entrusted, 677 bags are under various stages of the processing. While so, the workmen under the 4th respondent went on strike demanding payment of arrears of wage as well as for clearing various statutory liabilities like the amounts payable to the P.F, E.S.I etc. The petitioner wants to remove the kernels and avoid any loss to him. In the above background, this writ petition is filed. 2. The 4th respondent has filed a counter affidavit disputing the claim of the workmen regarding arrears of wages payable to them. According to the 4th respondent, he has cleared the wages up to 29.12.2007, whereas the workmen say, from 24.12.2007 the wages are remaining unpaid. The 4th respondent also submitted that he is trying to clear the liabilities of the WPC.1518/08 . 2 statutory authorities by selling a portion of his property. Respondents 5 and 6 have filed a counter affidavit stating that the kernels cannot be removed unless the liability towards arrears of wages, P.F and E.S.I, etc. are cleared. 3. Though the petitioner is processing the cashew nuts by engaging the 4th respondent, he has to ensure that the workmen are paid their wages and the dues to the statutory authorities/funds are paid in relation to the work done for him in the factory of the 4th respondent. Therefore, if the petitioner clears the wage arrears due to the workmen and also pays the pro rata contribution to the P.F, E.S.I and Cashew Workers Welfare Fund for the processing done on his behalf, the petitioner shall be permitted to remove the kernels. The petitioner and respondents 5 and 6 along with a copy of this order may approach the Regional Joint Labour Commissioner, Kollam on 24.01.2008 at 11 a.m. In that event, the said Officer shall hear all of them and decide, preferably on that day itself, what should be the amount payable by the petitioner towards the following dues: (i) Arrears of wages after deducting the amount admittedly payed to the workmen for the period his cashew nuts were processed in the factory of the 4th respondent. (ii) P.F, E.S.I and Cashew Workers Welfare Fund Contribution WPC.1518/08 . 3 (pro-rata) for the work done in the factory for processing cashew nuts of the petitioner. The petitioner's liability arises only from the date when the 4th respondent's unit started processing of 827 bags of cashew nuts of the petitioner. The amount due to the workmen shall be directly released and the contribution to the statutory authorities shall also be directly paid by the petitioner without the intervention of the 4th respondent. The amounts aforementioned above shall be quantified by the Regional Joint Labour Commissioner. Upon paying the amounts so determined by the said Officer, the petitioner will be free to remove all the cashew nuts belonging to him, whether it is processed or not. If anybody causes obstruction to the same, the petitioner may inform the police and in that event, the police shall remove the obstruction. The learned Government Pleader shall inform the Regional Joint Labour Commissioner regarding this order and instruct him to take steps to comply with the direction issued by this Court in this order. K. BALAKRISHNAN NAIR, JUDGE. P.N. RAVINDRAN, JUDGE. WPC.1518/08 . 4 cl