IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 WP(C).No. 1798 of 2010(Y) ----------------------------------------------- PETITIONER(S): --------------------- ALL KERALA CEMENT BRICKS MANUFACTURERS ASSOCIATION RG.NO.ER 211/2008, DOOR.NO.VII/255-1, MATTAKUZHY, VARIKOLI.P.O., PUTHENCRUZ, ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY, BABU VARGHESE, AGED 45 YEARS, S/O.M.V.VARGHESE. BY ADV. SRI.PEEYUS A.KOTTAM SRI.NAVEEN THOMAS RESPONDENT(S): -------------------------- 1. DIRECTOR GENERAL OF POLICE, TRIVANDRUM. 2. CITY POLICE COMMISSIONER, COCHIN CITY, ERNAKULAM. 3. ASSISTANT COMMISSIONER OF POLICE, THRIKKAKKARA. 4. ASSISTANT COMMISSIONER OF POLICE, ERNAKULAM. 5. ASSISTANT COMMISSIONER OF POLICE MATTANCHERRY. 6. RURAL S P, ALUVA. 7. DY. SP, MUVATTUPUZHA. 8. DY. SP, PERUMBAVUR. 9. DY. SP., ALUVA. W.P.(C).NO.1798 OF 2010 Y 10. SUB INSPECTOR OF POLICE, THRIKKAKKARA POLICE STATION, THRIKKAKKARA. 11. SUB INSPECTOR OF POLICE, TRIPUNITHURA POLICE STATION, TRIPUNITHURA. 12. SUB INSPECTOR OF POLICE, PUTHENCRUZ POLICE STATION, PUTHENCRUZ. * 13. KERALA HEAD LOAD AND GENERAL WORKERS UNION INTUC, DISTRICT COMMITTEE OFFICE, KALABHAVAN ROAD, ERNAKULAM, COCHIN-682018, REPRESENTED BY ITS SECRETARY. 13. ERNAKULAM DIST. TRANSPORT AND GENERAL WORKERS' UNION INTUC. (NAME OF THE 13TH RESPONDENT IS CORRECTED AS PER ORDER ON I.A.NO.3918/2010 DATED 11.6.2010). 14. KERALA HEAD LOAD AND GENERAL WORKERS UNION, CITU, DISTRICT COMMITTEE OFFICE, KALABHAVAN ROAD, NEAR TOWN HALL, ERNAKULAM, COCHIN-682018, RPRESENTED BY ITS SECRETARY. 15. KERALA HEAD LOAD AND GENERAL WORKERS UNION, AITUC, JUDGES AVENUE, ERNAKULAM, COCHIN-682017, REPRESENTED BY ITS SECRETARY. 16. KERALA HEAD LOAD AND GENERAL WORKERS UNION, BMS, DISTRICT COMMITTEE OFFICE, I S PRESS ROAD, ERNAKULAM, COCHIN-682018, REPRESENTED BY ITS SECRETARY. 17. KERALA HEAD LOAD AND GENERAL WORKERS UNION, CITU, THIRUVANKULAM LOCAL OFFICE, THIRUVANKULAM.P.O., THIRUVANKULAM REPRESENTED BY ITS SECRETARY. * 18. KERALA HEAD LOAD AND GENERAL WORKERS UNION, INTUC, KAKKAND LOCAL OFFICE, KAKKANAD, KUSUMAGIRI.P.O., COCHIN-682030, REPRESENTED BY ITS SECRETARY. 18. THRIKKAKKARA GENERAL WORKERS' UNION INTUC. (NAME OF THE 18TH RESPONDENT IS CORRECTED AS PER ORDER IN I.A.NO.3918/2010 DATED 11.6.2010.) W.P.(C).NO.1798 OF 2010 Y 19. KERALA HEAD LOAD AND GENERAL WORKERS UNION, CITU, KAKKANAD LOCAL OFFICE, KUSUMAGIRI.P.O., KAKKANAD, COCHIN-682030, REPRESENTED BY ITS SECRETARY. ADDL.R20. THE DISTRICT LABOUR OFFICER, ERNAKULAM. (ADDL.R20 IS SUO MOTU IMPLEADED VIDE ORDER DT.24.3.2010). R1 TO R12 & R20 BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS. ADV. SRI.K.P.HARIDAS FOR R13 & R18 SRI.C.S.AJITH PRAKASH FOR R13 & R18 SRI.T.D.SALIM FOR R13 & R18 SRI.PAUL C THOMAS FOR R13 & R18 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.1798 OF 2010 Y PETITIONER'S EXHIBITS: EXT.P1TRUE COPY OF REGISTRATION DATED 02.04.2008 ISSUED BY REGISTRAR OF SOCIETIES. EXT.P2TRUE COPY OF MEMORANDUM AND ARTICLES OF ASSOCIATION OF PETITIONER ASSOCIATION. EXT.P3TRUE COPY OF BYELAWS OF PETITIONER ASSOCIATION. EXT.P4TRUE COPY OF LIST OF MEMBERS OF PETITIONER ASSOCIATION. EXT.P5TRUE COPY OF ORDER DATED 22.12.2009 OF THIS HONOURABLE COURT IN W.P. (C).NO.37076/2009 D. EXT.P6TRUE COPY OF REPRESENTATION DATED 11.01.2010 SUBMITTED BY PETITIONER ASSOCIATION BEFORE RESPONDENTS 1-9. EXT.P7TRUE COPY OF POSTAL RECEIPT DATED 12.1.2010 SHOWING SUBMISSION OF R3EPRESENTATION BEFORE 1ST RESPONDENT OFFICE. EXT.P7(A) TRUE COPY OF RECEIPT DATED 12.1.2010 ISSUED BY OFFICE OF COMMISSIONER OF OPOLICE, COCHIN CITY. EXT.P7(B) TRUE COPY OF RECEIPT DATED 13.01.2010 ISSUED BY SP OFFICE, ALUVA. EXT.P7(C) TRUE COPY OF RECEIPT DATED 12.01.2010 ISSUED BY THE OFFICE OF DY.SP. ALUVA. EXT.P7(D) TRUE COPY OF RECEIPT DATED 13.01.2010 ISSUED BY THE OFFICE OF DY.S.P., PEERUMBAVUR. EXT.P7(E) TRUE COPY OF RECEIPT DATED 13.1.2010 ISSUED BY DY.SP., MUVATTUPUZHA. EXT.P7(F) TRUE COPY OF RECEIPT DATED 12.01.2010 ISSUED BY THE OFFICE OF ACP, ERNAKULAM. EXT.P7(G) TRUE COPY OF RECEIPT DATED 13.01.2010 ISSUED BY THE OFFICE OF COMMISSIONER OF POLICE, MATTANCHERRY. RESPONDENTS' EXHIBITS: EXT.R13(A) TRUE COPY OF THE 6-A CARD ISSUED TO MR. JOMON VARGHESE AND R.K. RAMAKRISHNAN. // True Copy // PS to Judge K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO.1798 OF 2010 Y --------------------------------------------------- Dated this the 31st May, 2010 JUDGMENT K.M. Joseph, J. The prayer in the Writ Petition is as follows: “Issue a writ of mandamus or any other appropriate writ, order or direction and thereby command respondents 2-12 to provide adequate and effective protection to the members of the petitioner Association for carrying and unloading of cement blocks by using tipper lorry and mechanical devices without any sort of hindrance or obstruction from 13-19 respondent Unions, their men and agents or anybody and also without paying any nokku coolie for unloading cement products using tipper lorry or mechanical device.” 2. We heard the learned counsel for the parties. We take note of the interim order dated 2.3.2010 as extended from time to time and the clarificatory order dated 31.3.2010. We make the said orders absolute. We further make it clear that under the WPC.1798/2010Y 2 guise of the said orders, we do not intend the protection to be extended if the members of the petitioner Association engage persons other than registered workers for the purpose of loading and unloading, if it is done by manual process. If there is a demand for nokku coolie by the members of the respondent Unions, in respect of work being done through mechanical devices for which protection has been given by this Court, effective action shall be taken by respondents 2 to 12 in regard to the same. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge