IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 WP(C).No. 30090 of 2010(I) ---------------------------------------- PETITIONER(S): -------------------------- 1. M/S. A.C.T.SHIPPING LTD., AIRLINKS HOUSE PLOT NO.49, VENKITARAMAN ROAD, WILLINGDON ISLAND, COCHIN-682 003, REPRESENTED BY ITS MANAGER WILMA. 2. M/S. AFL DACHSER PRIVATE LIMITED, 1ST FLOOR, KUMAR BUILDING, INDIRA GANDHI ROAD, W.ISLAND, COCHIN-682 003, REPRESENTED BY ITS GENERAL MANAGER H.V.GOPALAKRISHNA. 3. M/S. AJAY OVERSEAS SHIPPING, CPOA BLDG., OPP. FIRE STATION, INDIRA GANDHI ROAD, W/ISLAND/COCHIN-682 003, REPRESENTED BY E.V.VINCENT. 4. M/S. ASPINWALL & CO. LTD., SUBRAMANIAN ROAD, WILLINGDON ISLAND, COCHIN-682 003, REPRESENTED BY ITS MANAGER ACCOUNTS R.VENUGOPALAN. 5. M/S. ALTAS LOGISTICS PVT. LTD., HANDICRAFTS BLDG., 27/B/CAT III/1ST FLOOR, INDIRA GANDHI ROAD, W.ISLAND/COCHIN-682 003, REPRESENTED BY SR.EXECUTIVE K.A.SHINE. 6. M/S. CAPTAIN AGENCIES, CCHAA BLDG., INDIRA GANDHI ROAD, W/ISLAND/ COCHIN-682 009, REPRESENTED BY ITS MANAGING PARTNER BRUCE THADATHIL. 7. M/S. CLEFORD SHIPPING COMPANY, 3RD FLOOR, DARRAGH ISMAIL CENTRE, 5TH CROSS ROAD, W/ISLAND, KOCHI-682 003, REPRESENTED BY SR. EXECUTIVE STEPHEN LAWRANCE P.J. Kss ..2/- ..2..... WPC.NO.30090/2010 I 8. M/S. CHAKIAT AGENCIES, P.B.NO.525, SUBRAMANIAN ROAD, WILLINGDON ISLAND, COCHIN-682 003, REPRESENTED BY ITS PARTNER, RAGHU JAIRAM. 9. M/S. COCHIN AIR CARGO CLEARING HOUSE, 24/1290, VOLTAS BLDG., NEAR TERMINUS RAILWAY STATION, W.ISLAND, COCHIN-682 003, REPRESENTED BY ITS GENERAL MANAGER U.SUDHAKARAN. 10. M/S. G.A.C.SHIPPING (INDIA) PVT.LTD., P.B.NO.515, GAC HOUSE, SUBRAMANIAN ROAD, WILLINGDON ISLAND/COCHIN-682 003, REPRESENTED BY ITS MANAGER LOGISTICS JAMES JACOB. 11. M/S. GORDON WOODROFFEE LOGISTICS LTD., DARRAGH SMAIL CENTET, 5TH CROSS ROAD, WILLINGDON ISLAND, W/ISLAND, COCHIN-682 003, REPRESENTED BY ITS MANAGER JOHN VARGHESE. 12. M/S. G.C.L.SHIPPING PVT. LTD., 24/1348, BRISTOW ROAD, W/ISLAND, COCHIN-682 003, REPRESENTED BY ITS MANAGING PARTNER, A.S.REGHUNATHAN. 13. M/S. INDEV SHIPPING SERVICES PVT.LTD., 24/1587 DBK BUILDING, SUBRAMANIAN ROAD, WILLINGDON ISLAND, COCHIN-682 003, REPRESENTED BY ITS BRANCH MANAGER, MR.JOSEPH ALEXANDER. 14. M/S. INTERFREIGHT SERVICES PVT.LTD., VOLTAS COMPOUND, VENKITARAMAN ROAD, W/ISLAND, COCHIN-682 003, REPRESENTED BY ITS MANAGER,D.K.AUGUSTINE. 15. M/S. KINI LOGISTICS SERVICES PVT.LTD., MILNE ROAD, W.ISLAND, COCHIN-682 003, REPRESENTED BY ITS PARTNER T.S.RAJAN. 16. M/S. M.NOOMAN, 24/1392, E.K.MOHAMMED BUILDING, SUBRAMANIAN ROAD, W/ISLAND, COCHIN-682 003, REPRESENTED BY ITS MANAGER P.SUBASHITHAN. Kss ..3/- ..3.... WPC.NO.30090/2010 I 17. M/S. NATIONAL TRADES & AGENCIES, NTA CHAMBERS, HINA HOUSE, P.B.NO.49, WILLINGDON ISLAND, COCHIN-682 003, REPRESENTED BY ITS PARTNER MR.GEORGE XAVIER. 18. M/S. P.T.VARGHESE & CO., POTHEN JOSEPH BUILDING, 5TH CROSS ROAD, W/ISLAND, COCHIN-682 003, REPRESENTED BY ITS PARTNER P.V.THOMAS. 19. M/S. PEIRCE LESLIE AGENCIES LIMITED, P.B.NO.565, BRISTOW ROAD, W.ISLAND, COCHIN-682 003, REPRESENTED BY ITS SHIPPING EXECUTIVE T.D.SUNIL. 20. M/S. PREMIER SHIPPING AGENCIES, 1ST FLOOR, AGHIL BUILDING, INDIRA GANDHI ROAD, WILLINGDON ISLAND/COCHIN-682 003, REPRESENTED BY ITS MANAGING PARTNER JOSHY M.J. 21. M/S. RUBY CARGO SERVICE, OPP. H.M.L.INDIAN INDUSTRIES BLDG., BRISTOW ROAD, W.ISLAND, COCHIN-682 003, REPRESENTED BY ITS MANAGER THARIAN O.L. 22. M/S. THE TRADING CORPORATION PVT. LTD., MILNE ROAD, PHILIPSON BUILDING, WILLINGDON ISLAND, COCHIN-682 003, REPRESENTED BY ITS DIRECTOR GEORGE K.MATHEW. 23. M/S. TRANSLINE DOOR NO.X/65A, NEAR CSEZ OFFICE, KAKKANAD, COCHIN-682 037, REPRESENTED BY ITS MANAGER BABU P.K. 24. M/S. WORLD WIDE HANDLING AGENCIES, K.P.K.MENON ROAD, NEAR PORT CFS, P.B.NO.666, W/ISLAND, COCHIN-682 003, REPRESENTED BY ITS MANAGING PARTNER MR.BALAGOPALA B.PAI. 25. M/S. CARGO CARE INTERNATIONAL, OPP. EKM WHARF MAIN GATE, A.V.GEORGE BLDG., W.ISLAND, COCHIN-682 003, REPRESENTED BY MR. BENNY FRANCIS. BY ADVS. SRI.SUNIL JACOB JOSE, SMT.JISHAMOL CLEETUS. Kss ..4/- ..4.... WPC.NO.30090/2010 I RESPONDENT(S): --------------------------- 1. KERALA HEADLOAD WORKERS WELFARE BOARD, P.B.NO.2017, S.R.M.ROAD, ERNAKULAM, KOCHI-682 018. 2. KERALA HEADLOAD WORKERS WELFARE BOARD, COCHIN PORT TRUST AREA COMMITTEE, DLB JUNCTION, WILLINGDON ISLAND, KOCHI-682 003. R1 & R2 BY ADV. SRI.KOSHY GEORGE, SC, KHLWWB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 30090 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of September, 2010 J U D G M E N T The petitioners are Custom House Agents at the Cochin Port. This writ petition has been filed challenging the demand of arrear wage rate made as per Ext.P1 by the 2nd respondent. According to the petitioners, the wage rate in existence in terms of the agreement dated 1.1.2007 has been paid by the petitioner till 30.6.2010. The said rate has been enhanced only on 16.6.2010 with effect from 1.1.2010. The demand was made as per Ext.P1 as a consequence of the said enhancement. The contention of the petitioners is that they are not liable to pay the amount demanded as per Ext.P1. However, the second respondent contends that since the Board has already effected the payment based on Ext.P1 the Board is entitled to recover the said amount. In short, the rival contentions reveal the existence of a dispute that would fall under Section 2(h) of the Kerala Head Load Workers Act (for short 'the Act' only). When such a dispute exists the remedy of the parties concerned is to raise a dispute before WPC.30090/2010 : 2 : the concerned officer under section 21 of the Act. The further course of action have also been specifically contemplated under the said provision. Therefore, consideration of this writ petition on merits is not called for and this writ petition can be disposed of as hereunder:- Having regard to the existence of an alternative efficacious remedy in terms of section 21 of the Act, it will be open to the petitioners to raise dispute before the competent authority under section 21 of the Act. Needless to say that in case, such disputes are raised by the petitioners the competent authority shall take necessary steps as contemplated under the aforesaid provision with notice to the parties concerned, expeditiously. To enable the petitioners to avail that remedy, in an efficacious manner it is ordered that no coercive steps shall be taken by the second respondent against the petitioners in terms of Exts.P1 till a final decision is taken in terms of section 21. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge