IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 WP(C).No. 15961 of 2009(S) -------------------------- PETITIONER: -------------- MAHABUB NAGAR DISTRICT PALAMOORI MIGRANT LABOUR UNION,REGD.NO.A 1868,REGISTERED UNDER INDIAN TRADE UNION ACT,1926,R/O H.NO.7-5-14/A, VENKATESHWARA COLONY,MAHABUB NAGAR TOWN & DISTRICT ANDHRA PRADESH,REP.BY ITS PRESIDENT P.NARAYANASWAMI. BY ADV. SRI.B.V.JOY SANKER SRI.BIJI MATHEW RESPONDENTS: ---------------- 1. UNION OF INIDA,REP.BY ITS SECRETARY, MINISTRY OF DEFENCE,DEPARTMENT OF DEFENCE, SOUTH BLOOCK,NEW DELHI. 2. THE CHIEF ENGINEER (NAVAC),EZIMALLA, ETTIKULAM (POST),KANNUR DISTRICT,KERALA. 3. THE EXECUTIVE ENGINEER (S.G.),GARRISON ENGINEER,EZIMALLA,ETTIKULAM (POST),KERALA. 4. GARRISON ENGINEER (1) P.NO.4, EZIMALLA,ETTIKULAM (POST),KANNUR DISTRICT,KERALA. 5. THE DISTRICT COLLECTOR,KANNUR DISTRICT. 6. GOVERNMENT OF INDIA,MINISTRY OF LABOUR EMPLOYMENT,REP.BY OFFICE OF THE REGIONAL LABOUR COMMISSIONER (CENTRAL),KENDRIYA SHRAMSADAN, OLIMUGHAL,KAKKANAD,KOCHI,KERALA. WPC : 15961 OF 2009 7. M/S.IVRCL,INFRASTRUCTURE & PROJECTS LTD. M.22/3RT,VIJAYNAGAR COLONY,HYDERABAD, ANDHRA PRADESH-500 057,SITE OFFICE: EZIMALLA,KANNUR DISTRICT,KERALA. 8. MAYTAS INFRA LTD.,REGD.OFFICE: 6/36/1186/5/A.III FLOOR,AMOGHA PLAZA,BEGUMPET, HYDERABAD,ANDHRA PRADESH,SITE OFFICE AT: RAMAPURAM,OPPOSITE BSNL OFFICE,KANNUR DIST.,KERALA. R1 TO R4 & R6 BY SRI.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR GENERAL SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR R5 BY SENIOR GOVT. PLEADER, SRI. BENJAMIN PAUL. R7 & R8 BY ADV. SRI.N.BALAKRISHNA PILLAI (KARIKKAMURI) SRI.B.PREMKUMAR SRI.T.SANJAY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 15961 OF 2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE REGISTRATION CERTIFICATE. EXT.P2 : TRUE COPY OF THE RULES OF THE UNION. EXT.P3 : TRUE COPY OF THE REPRESENTATION DATED 28.03.09. EXT.P4 TO P4(C) : TRUE COPY OF THE REPRESENTATIONS DATED 04.04.09, 06.04.09, 07.04.09 AND 13.04.09. EXT.P5 : TRUE COPY OF THE REPRESENTATION DATED 19.04.09. EXT.P6 : TRUE COPY OF THE ENQUIRY REPORT SUBMITTED BY THE 6TH RESPONDENT DATED 28.04.09. EXT.P7 TO P7(D) : TRUE COPY OF THE REPRESENTATION DATED 29.04.09. EXT.P8 : TRUE COPY OF THE REPRESENTATION DATED 29.04.09 ALONG WITH A COPY OF THE BILLS PREPARED BY THE 8TH RESPONDENT. EXT.P9 : TRUE COPY OF THE REPRESENTATION BEFORE THE 2ND RESPONDENT DATED 30.04.09. EXT.P10 : TRUE COPY OF THE LETTER NO.8006/40/E8 DATED 01.05.09. EXT.P11 : TRUE COPY OF THE REPRESENTATION TO THE 4TH RESPONDENT DATED 10.05.09. EXT.P12 : TRUE COPY OF THE LETTER NO.95/2/09/C1 OF THE 6TH RESPONDENT DATED 15.05.09. EXT.P13 : TRUE COPY OF THE LETTER NO.840000/3821/E8 OF THE 2ND RESPONDENT DATED 22.05.09. EXT.P14 : TRUE COPY OF THE REPLY FILED BY THE PETITIONER DATED 28.05.09. EXT.P15 : TRUE COPY OF TELEGRAM DATED 15.05.09. EXT.P16 : TRUE COPY OF TELEGRAM DATED 21.05.09. EXT.P17 : TRUE COPY OF THE LETTER NO.840000/8816/E8 OF THE 2ND RESPONDENT DATED 19.05.09. EXT.P18 : TRUE COPY OF THE LETTER NO.P10 135/2009 DATED 16.05.09 OF THE HON'BLE HIGH COURT OF KERALA. WPC : 15961 OF 2009 EXT.P19 : TRUE COPY OF THE LETTER NO.REF:D1.2009/161489/13 OF THE 5TH RESPONDENT DATED 21.05.09. EXT.P20 : TRUE COPY OF THE REPRESENTATION TO THE PRESIDENT OF INDIA DATED 01.05.09. EXT.P21 : TRUE COPY OF THE REPRESENTATION TO THE PRIME MINISTER OF INDIA DATED 24.05.09. EXT.P22 : TRUE COPY OF THE HON'BLE PRESIDENTS SECRETARIAT VIDE ITS LETTER SERIAL NUMBER P1-D/98483 DATED 14.05.09. EXT.P23 : TRUE COPY OF THE ORDER MADE IN WP NO.587 OF 1997 BY THE HON'BLE HIGH COURT OF KARNATAKA. RESPONDENT'S EXHIBIT: EXT.R5(A) : TRUE COPY OF THE MEMORANDUM OF SETTLEMENT DATED 09.09.09. /TRUE COPY/ PA TO JUDGE S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 15961 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of October, 2009 JUDGMENT Basheer, J. Petitioner Trade Union has filed this writ petition praying for the following reliefs: “i) a writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd and 3rd respondents in not paying the minimum wages and overtime wages to the 199 Palamoori labourers engaged by the 7th respondent contractor and 93 Palamoori labourers engaged by the 8th respondent contractor totaling to 292 Palamoori labourers by paying some advance to work at their site for constructing the building of the Officers Married Accommodation for Naval Academy at Ezimalla of Kannur District, Kerala as illegal, arbitrary, unconstitutional, contrary to Bonded Labour (Abolition) Act, 1970, Inter-State Migrant Workmen(Regulation of Employment and Conditions of Service) Act, 1979, Contract Labour (Regulation and Abolition) Act, 1970, Minimum Wages Act, 1948 and in utter violation of Articles 14, 21 and 23 of the Constitution of India. ii) direct the respondents Nos.2 & 3 to pay the minimum wages and overtime wages to the 292 Palamoori Labourers as per the Contract Labour(Regulation & Abolition) Act, 1970, under Section 20, if any amenity is required to be provided under Sections 16, 17, 18 or 19 for the benefit of the workmen employed in an establishment is not provided by WP(C) No.15961 of 2009 -:2:- the contractor, the obligation to provide such amenity rests on the Principal Employer. iii) direct the respondents 1 to 6 in future for effective implementation of the labour laws and see that the rights of the workers under the which are enacted for improving the conditions of the workers and to take immediate action against the defaulting officers and contractors without waiting for any complaint to be received from the workmen or their representatives.” 2. During the pendency of the writ petition, a meeting was held under the auspices of the District Collector, Kannur on September 26, 2009 in which the representatives of the various Organisations including the petitioner had participated. The Chairman, District Legal Services Authority, Kannur had also attended. 3. The Minutes of the said meeting has been produced by the learned Government Pleader along with a memo. It is seen from the Minutes that the entire arrears of wages have been paid to the labourers and no other amounts are payable to them. The written declarations made by the Project Managers of the employers and acknowledgment of receipt of WP(C) No.15961 of 2009 -:3:- the dues by the employees also form part of the memo submitted by the learned Government Pleader. In view of the above intervening development, no further adjudication is necessary in this writ petition. Therefore, it is closed. The Minutes and other documents produced by the learned Government Pleader along with the memo are taken on record. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb