IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 14TH OCTOBER 2010 / 22ND ASWINA 1932 WP(C).No. 37109 of 2009(G) ---------------------------------- PETITIONER(S): ------------------ 1. N. SUNILKUMAR, CONVENOR, HEAD LOAD AND GENERAL WORKERS UNION (INTUC), VAYYAMOOLA UNIT, VALLAKKADAVU.P.O, THIRUVANANTHAPURAM. 2. N. UDAYAKUMAR, CONVENOR, HEAD LOAD AND GENERAL WORKERS UNION (BMS), VAYYAMOOLA UNIT, VALLAKKADAVU.P.O, THIRUVANANTHAPURAM. 3. S. SUREHNDRAN NAIR, CONVENOR, HEAD LOAD AND GENERAL WORKERS UNION (CITU), VAYYAMOOLA UNIT, VALLAKKADAVU.P.O, THIRUVANANTHAPURAM. BY ADVS. SRI.GOPAKUMAR R.THALIYAL SRI.N.P.PRAJEESH RESPONDENT(S): -------------------- 1. THE DISTRICT LABOUR OFFICER (G), THIRUVANANTHAPURAM. 2. THE ASSISTANT LABOUR OFFICER, THIRUVANANTHAPURAM CIRCLE II, KAZHAKUTTAM. 3. THE REGIONAL JOINT LABOUR COMMISSIONER, KOLLAM (APPELLATE AUTHORITY UNDER THE HEAD LOAD WORKERS ACT) .......2/-.. ...2... 4. THE ASSISTANT LABOUR COMMISSIONER (CENTRAL), MINISTRY OF LABOUR, UPPALAM ROAD, THIRUVANANTHAPURAM -1. 5. THE PROJECT MANAGER, CCCL, AIRPORT SITE, KSEB JUNCTION, CHACKAI, THIRUVANANTHAPURAM. 6. THE CONVENOR, CITU, CHACKAI KSEB UNIT, CHACKAI, THIRUVANANTHAPURAM. 7. THE CONVENOR, INTUC, CHAKKAI KSEB UNIT, CHACKAI, THIRUVANANTHAPURAM. 8. THE CONVENOR, BMS, CHAKKAI KSEB UNIT, CHACKAI, THIRUVANANTHAPURAM. 9. THE CONVENOR, UTUC, CHAKKAI KSEB UNIT CHACKAI, THIRUVANANTHAPURAM. 10.THE CONVENOR, AITUC, CHAKKAI KSEB UNIT CHACKAI, THIRUVANANTHAPURAM. R1 TO R4 BY GOVT.PLEADER SRI.M.A.ASIF R6 TO R10 BY ADV. SRI.THOMAS ABRAHAM SRI.DIPU.R SMT.MERCIAMMA MATHEW SRI.K.S.HARIDAS SRI.V.RENJITH KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SVS/ WP(C).No. 37109/2009(G) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE IDENTITY CARDS ISSUED TO TWO HEAD LOAD WORKERS OF THE VAYYAMOOLA UNIT. P2: COPY OF THE IDENTITY CARD ISSUED TO ONE OF THE WORKER OF THE CHACKAI KSEB UNIT. P3: AREA MAP SHOWING THE AREA OF OPERATION OF VAYYAMOOLA UNIT, CHACKAI KSEB UNIT AND THE CONSTRUCTION ACTIVITIES OF THE SECOND TERMINAL OF THIRUVANANTHAPURAM AIRPORT. P4: COPY OF THE JUDGMENT PASSED BY THIS HONOURABLE COURT IN WPC NO.1274/2008 DATED 31/01/2008. P5: COPY OF THE PETITION FILED BY THE PETITIONERS DATED 17/03/08 P6: COPY OF THE JUDGMENT PASSED BY THIS HONOURABLE COURT IN WPC NO.10138/2008 DATED 08/04/2008. P7: COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT DATED 0812/2009. P8: COPY OF THE APPEAL MEMORANDUM FILED BY THE PETITIONER DATED 14/12/2009. P9: COPY OF THE AFFIDAVIT AND PETITION FILED BY THE PETITIONER DATED 14/12/2009. P10: COPY OF THE NEWS ITEM PUBLISHED IN MATHRUBHOOMI DAILY DATED 05/12/2009. /TRUE COPY/ P.A. TO JUDGE SVS/ C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.37109 of 2009 ---------------------------------------- Dated 14th October, 2010 JUDGMENT The petitioners are convenors of Headload and General Workers' Union of C.I.T.U., I.N.T.U.C. and B.M.S. of Vayyamoola Unit. This writ petition has been filed challenging Ext.P7 order passed by the first respondent giving the right to do the loading and unloading work to respondents 6 to 10 in the area alloted to the members of the petitioners' union as per their identity cards. In fact, the petitioners have availed the statutory remedy of appeal and have already filed Ext.P8 appeal before the third respondent. Along with Ext.P8 the petitioners have also moved Ext.P9 stay petition. Reluctance on the part of the third respondent to grant stay of Ext.P7 order constrained the petitioners to approach this Court. Admittedly, Ext.P8 appeal is pending before the third respondent. Since the petitioner has already availed the alternative efficacious remedy of appeal and the appeal is still pending, I do not propose to go into the merits of the contentions raised in this writ petition. The writ petition is accordingly, disposed of with a direction to the third respondent to consider and pass orders on Ext.P8 appeal expeditiously, at any rate, WP(C).No.37109/2009 2 within a period of one month from the date of receipt of a copy of this judgment. C.T.RAVIKUMAR Judge TKS