IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 3RD OCTOBER 2011 / 11TH ASWINA 1933 WP(C).No. 25149 of 2011(P) ----------------------------------------- PETITIONER(S): ------------------------ 1. THE FOOD CORPORATION OF INDIA, REPRESENTED BY ITS SENIOR GENERAL MANAGER (KERALA),F.C.I. REGIONAL OFFICE,KESAVADASAPURAM, THIRUVANANTHAPURAM. 2. THE AREA MANAGER,FOOD CORPORATION OF INDIA, DISTRICT OFFICE,KOLLAM. BY SRI.T.P.M.IBRAHIM KHAN, SENIOR ADVOCATE, SC, FCI, BY ADV. SRI.K.M.ABDUL MAJEED. RESPONDENT(S): -------------------------- 1. KOTHETHU BHASURAN, GENERAL SECRETARY,QUILON DISTRICT WAREHOUSE WORKERS CONGRESS (INTUC) (INDIAN NATIONAL TRADE UNION CONGRESS) CONGRESS BHAVAN,KOLLAM RESIDING AT INDEEVARAM,KADAPPAKKADA P.O, KOLLAM 691 008. 2. ANIL KUMAR @ THAMPAN,CONVENOR,B.M.S., (BHARATHIYA MAZDOOR SANGH)LATHIKA BHAVAN,THURUTHEL, ULIYACOVIL,KOLLAM - PIN 691 019. 3. S. SURESH BABU,CONVENOR (AITUC),(ALL INDIA TRADE UNION CONGRESS),MUNICIPAL COLONY, CANTONMENT,KOLLAM PIN 691 019. 4. THE DISTRICT COLLECTOR,KOLLAM 691 001. 5. THE COMMISSIONER OF POLICE,KOLLAM 691 001. 6. THE CIRCLE INSPECTOR OF POLICE, KOLLAM 691 001. 7. THE ASSISTANT LABOUR COMMISSIONER (CENTRAL),THIRUVANANTHAPURAM 695 001. R1 TO R3 BY ADV. SRI.K.SUBASH CHANDRA BOSE R4 TO R6 BY GOVERNMENT PLEADER SMT. C.M. CHARISHMA R7 BY SRI.P.PARAMESWARAN NAIR,ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.25149/2011 P APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE NOTICE NO.8(34)/09/ALC/T.V.M. DTD. 7/05/2009 ISSUED BY THE 7TH RESPONDENT. P1(A): COPY OF THE CONCILIATION PROCEEDINGSDTD. 25/05/2007. P1(B): COPY OF THE ENGLISH TRANSLATION OF THE CONCILIATION PROCEEDINGS DTD. 25/05/2007. P2: COPY OF THE INTERIM ORDER DTD.24/06/2011 PASSED BY THIS HONOURABLE COURT IN INTERLOCUTORY APPLICATION NO.9415 OF 2011 IN WRIT PETITION (CIVIL) NO.14556 OF 2010 (T). P3: COPY OF THE PETITION DTD. 25/06/2011 FILED BY THE PETITIONERS DTD. 25/06/2011 BEFORE THE 4TH RESPONDENT. P4: COPY OF THE PETITION DTD. 3/08/2011 FILED BY THE PETITIONERS BEFORE THE 5TH RESPONDENT. P5: COPY OF THE PETITION DTD. 25/0-6/2011 FILED BY THE PETITIONERS BEFORE THE 5TH RESPONDENT. P6: COPY OF THE NOTIFICATION NO.S-11017/5/91-IR (PL) DTD. 6/04/2010 ISSUED BY THE MINISTRY OF LABOUR & EMPLOYMENT, GOVERNMENT OF INDIA, NEW DELHI. RESPONDENT'S EXHIBITS: R1(A): COPY OF THE REPRESENTATION DTD. 2/05/2009. R1(B): COPY OF THE LETTER APPOINTING SRI.RAHIM AS THE CONTRACTOR FOR TRANSPORTATION AND UNLOADING OF GOODS ISSUED BY THE GENERAL MANAGER OF FCI DTD. 4/05/2009. R1(C): COPY OF THE SETTLEMENT BETWEEN THE UNIONS OF RESPONDENTS 1 TO 3 AND THE SAID SALIM DTD. 8/05/2009. R1(D): COPY OF THE REPRESENTATION SUBMITTED BEFORE THE SUPERINTENDENT OF POLICE DTD. 11/05/2009. R1(E): COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 7TH RESPONDENT DTD.13/05/2009. R1(F): COPY OF THE DETAILS GIVEN BY THE 2ND WRIT PETITIONER DTD. 22/06/2009. R1(G): COPY OF THE REPRESENTATION SUBMITTED BEFORE THE DISTRICT COLLECTOR, KOLLAM DTD. 15/07/2009. Kss .2/- ..2.... WPC.NO.25149/2011 P R1(H): COPY OF THE NOTICE ISSUED FROM THE OFFICE OF DISTRICT LABOUR OFFICER, KOLLAM DTD. 3/08/2009. R1(I): COPY OF THE REPRESENTATION SUBMITTED BEFORE THE UNION MINISTER OF STATE FOR FOOD AND AGRICULTURE DTD. 27/07/2009. R1(J): COPIES OF THE DETAILS OBTAINED FROM THE 2ND WRIT PETITIONER ABOUT THE AVAILABILITY OF DPS WORKERS AND THE AMOUNT OF WAGES PAID TO THEM IN MARCH/APRIL 2010. R1(K): COPY OF THE QUOTATION NOTICE ISSUED BY THE 2ND WRIT PETITIONER DTD. 6/07/2011. R1(L): COPY OF THE DETAILS OF LABOUR STRENGTH AS ON 31/07/2011. R1(M): COPY OF THE IDENTITY CARDS OF THE MEMBERS OF THE UNIONS OF RESPONDENTS 1 TO 3. /TRUE COPY/ P.A.TO JUDGE Kss PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 25149 OF 2011 ------------------------ Dated this the 3rd day of October, 2011 JUDGMENT Abdul Rahim, J. The Food Corporation of India, represented by its General Manager and the Area Manager, Kollam of the said Corporation, are the petitioners. The petitioners are seeking directions to respondents 4 to 6 to afford adequate police protection to carry out handling of food grains at the Food Storage Depot(FSD) Kilikollur, by engaging their workers under the 'Direct Payment System'(DPS) . Respondents 1 to 3 are the trade unions representing loading workers engaged by the erstwhile contractor at FSD, Kilikollur. Allegation is that the unions are creating obstructions to the handling works at Kilikollur. 2. Averments in the writ petition is to the effect that, earlier the FSD Kilikollur was rented out to the Central Warehousing Corporation and now the rental arrangement has WPC.No.25149/2011 2 been terminated, in the year 2009. The petitioner is having FSD, both at Kilikollur and Kollam. The petitioner is having FSD, both at Kilikollur and Kollam. The handling works were earlier entrusted with a labour co-operative society viz.Quilon Food Grains Head Load Workers Co-operative Society (Regd.) No.271. Later the workers of the Co-operative Society were absorbed by the petitioner corporation, as employees under DPS on the basis of proceedings under the Contract Labour (Regulation & Abolition) Act. After expiry of the rental arrangement, the petitioners decided to move stock from Kollam Depot to Kilikollur Depot. The transport and handling was entrusted with a contractor viz. Sri.M.Rahim M/s. M.R.S.Roadways, for the period from 6/5/2009 to 5/5/2011. During that time there arose dispute regarding engagement of DPS workers attached to FSD Kollam for the handling works at FSD Kilikollur. It is stated that the 7th respondent had conciliated the issue and Ext.P1(b) settlement was arrived. The petitioner corporation had agreed to cancel the contract and to start operation at FSD Kilikollur with the DPS workers attached to FSD Kollam. Thereafter, the transporting contract was terminated with effect from 5/5/2011 WPC.No.25149/2011 3 and fresh tenders were invited for entrusting the transporting works alone. 3. Grievance now voiced by the petitioner is that when the petitioner transported food grains from Kollam Depot to Kilikollur Depot, some workers under leadership of respondents 1 to 3 raised claim that they should be engaged for handling the goods at Kilikollur Depot. They filed WP(C) No.14556/2010 before this court seeking to get such rights declared. But, this court declined to issue any interim order. In view of the termination of the contract, the petitioners herein sought permission from this court for inviting fresh tenders for appointing transport contractor and for permitting the handling works to be done by by the DPS workers. In Ext.P2 order, this court clarified that there is no order interdicting the petitioner from proceeding with invitation of any fresh tenders and therefore no such permission is required. In spite of such situation, the respondents 1 to 3 are causing obstructions to the handling works at FSD, Kolikollur According to the petitioners, even though they have approached respondents 5 and 6, no protection is granted. Hence this writ petition is filed. WPC.No.25149/2011 4 4. In the counter affidavit of respondents 1 to 3 it is contended that the members of those unions were doing the handling of food grains at Kilikollur Depot under the transporting contractors. It is further stated that, regarding their entitlement for continued engagement under the petitioner corporation, a dispute was raised before the appropriate authority. According to respondents 1to 3, Ext.R1(e) representation submitted in this regard before the 7th respondent is pending adjudication. It is contended that there is no DPS workers attached to Kilikolloor Depot. It is also contended that entitlement of the members of respondents 1 to 3 for continuing the handling works at FSD Kilikollur, is a matter which is now pending adjudication before this court in W.P.(C) No.14556/2010. According to learned counsel for respondents 1 to 3, they have filed a petition seeking modification of Ext.P2 order and the said petition is pending disposal. It is also contended that the workers attached to respondents 1 to 3 alone have got right to do the works at the Kilikolloor Depot. 5. From the facts and circumstances as narrated above, it is evident that there exists a labour dispute regarding entitlement WPC.No.25149/2011 5 of workers represented through respondents 1 to 3 unions, with respect to the handling works, at Kilikolloor Depot. Admittedly, the workers represented through respondents 1 to 3 unions were working under the erstwhile transporting contractor. There is no material produced before us to show that workers represented through respondents 1 to 3 unions were directly employed by the petitioner Corporation at any point of time. The question whether those workers have got any right to claim the handling works at FSD Kilikolloor, is not a matter which is to be adjudicated in this writ petition. We notice that the above question is now pending adjudication before the 7th respondent, as well as before this court in W.P.(C) No.14556/2010. But we are of the considered opinion that unless respondent 1 to 3 gets any order from any competent authority or court, declaring such rights and claims, they have no manner of right to create any physical obstruction to the petitioners in doing such works by engaging the DPS workers. The activities of the petitioner corporation in movement of food grains from Kollam Depot to Kilikolloor Depot could not be restrained as it involves public interest, being movement of essential commodities for human WPC.No.25149/2011 6 consumption. Therefore, while leaving the decision on the labour issue(dispute) for decision of the appropriate authority, we consider that granting of police protection, subject to such decision, is warranted in the interest of justice. 6. We notice a further contention raised by learned counsel for respondents 1 to 3 that, under the guise of the order of police protection the petitioner corporation may induct new workers as DPS workers. Learned Standing counsel for the petitioners assured that no new DPS workers will be inducted and the existing DPS workers attached to FSD Kollam alone will be engaged for the handling works in question. We record the undertaking and make it clear that the petitioner is entitled to induct any fresh DPS workers only after settlement of the labour dispute now raised by respondents 1 to 3 and if it is ultimately found that the workers represented through respondents 1 to 3 have no manner of right. 7. Under the above mentioned circumstances, we dispose of this writ petition directing the 5th respondent and his subordinate officers having jurisdiction in the area in question to afford adequate protection to the petitioners for the handling WPC.No.25149/2011 7 works at their FSD at Kilikolloor by engaging their own permanent workers and DPS workers. If any physical obstruction is caused from the side of respondents 1 to 3 unions or anybody claiming under them, effective steps shall be taken to remove such obstructions. 8. However, we make it clear that the above directions will not cause any prejudice to the rights and claims of respondents 1 to 3 unions , persue the labour dispute for entitlement for the works at FSD, Kilikollur. We further direct the 7th respondent to take necessary steps to dispose of Ext.R1(e) representation submitted by respondents 1 to 3. If any conciliation proceeding is initiated in this regard, the petitioner corporation should co-operate and render necessary assistance to resolve the dipute at the earliest possible. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk WPC.No.25149/2011 8