IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 14TH SEPTEMBER 2010 / 23RD BHADRA 1932 WP(C).No. 24494 of 2010(J) ----------------------------------- -- PETITIONER(S): ---------------------- E.M.MANI CONSTRUCTIONS PVT. LTD. NO.36/71, KOTTAICANAL ROAD, OFF LISSIE HOSPITAL ROAD, KOCHIN-18, REPRESENTED BY E.M.MANI, MANAGING DIRECTOR. BY ADV. SRI.S.CHANDRASENAN RESPONDENT(S): ------------------------- 1. SUPERINTENDENT OF POLICE, PATHANAMTHITTA DISTRICT. 2. CIRCLE INSPECTOR OF POLICE, PATHANAMTHITTA. 3. MR.SREEKUMAR, KIZHEKKEMATTACKAL, KALLARAKADAVU, PATHANAMTHITTA CLAIMING AS LEADER OF B.M.S. 4. MR.SANTHOSH, VAKKIKADAVIL, KALLARAKADAVU,PATHANAMTHITTA CLAIMING AS LEADER OF INTUC. 5. MR.JAYAN, SATHAVILASOM, KALLARAKADAVU,PATHANAMTHITTA CLAIMING AS LEADER OF GENERAL UNLOADING WORKERS. W.P.(C) NO.24494/2010 ADDL. R6 & R7 IMPLEADED. 6. ASSISTANT LABOUR OFFICER PATHANAMTHITTA. 7. DISTRICT LABOUR OFFICER, PATHANAMTHITTA. SUO MOTU IMPLEADED AS PER ORDER DT. 11.8.10 IN WPC. R1 & R2 ADDL. R6 & R7 BY GOVT. PLEADER SRI.T.K.VIPINDAS R3 & R5 BY ADVS. SRI.M.T.SURESHKUMAR, SRI.R.RANJITH. R4 BY ADV. SRI.S.SUBHASH CHAND THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.24494/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE WORK ORDER DTD. 15.5.10. P2:- COPY OF THE PETITION TO THE 2ND RESPONDENT DTD. 31.7.10. P3:- COPY OF THE LETTER DT. 5.8.2010. P4:- COPY OF THE RATE FIXED IN SETTLEMENT MEETING 2010-2012. RESPONDENT'S EXHIBITS R3(a):- COPY OF THE IDENTITY CARD TO THE 3RD RESPONDENT. R3(b):- COPY OF THE IDENTITY CARD ISSUED TO THE 5TH RESPONDENT. R4(a):- COPY OF THE IDENTITY CARD ISSUED TO SANTHOSHKUMAR. R4(b):- COPY OF THE IDENTITY CARD ISSUED TO RAMKUMAR. R4(c):- COPY OF THE IDENTITY CARD ISSUED TO B.RAJAN. R4(d):- COPY OF THE IDENTITY CARD ISSUED TO K.KOCHUKUNJU. R4(e):- COPY OF THE IDDENTITY CARD ISSEUD TO SASI. R4(f):- COPY OF THE IDENTITY CARD ISSUED TO K.P.PREMKUMAR. R4(g):- COPY OF THE IDENTITY CARD ISSUED TO B.AYYAPPAN ACHARI. R4(h):- COPY OF THE AFFIDAVIT SUBMITTED BY RESPONDENT NO.4 ALONGWITH RESPONDENT NOS. 3 AND 5 DTD. 7.8.2010. R4(i):- COPY OF THE REPRESENTATION SUBMITTED BEFORE THE ASSISTANT LABOUR OFFICER, PATHANAMTHITTA BY RESPONDENT NO. 4 ALONGWITH RESPONDENT NOS. 3 AND 5. TRUE COPY P.A. TO JUDGE tss THOTTATHIL B.RADHAKRISHNAN & P. BHAVADASAN, JJ. ------------------------------------------- W.P(C).No.24494 OF 2010 ------------------------------------------- Dated this the 14th day of September, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. Read interim orders dated 11.8.2010 and 19.8.2010. In terms of those interim orders, wages are being paid as fixed by the District Labour Officer. The area is covered by a scheme under the Headload Workers Act. The present modus operandi is acceptable to all. Under such circumstances, it is ordered that the parties will abide by the decision of the DLO and the loading and unloading work will be done in terms of his decision and by paying wages as decided by him. The DLO will be at liberty to revise the wages as and when called for, in accordance with law. It is also to be ensured that there is proper payment of the wages in terms of the aforesaid orders and this judgment. It is further clarified that the DLO will be entitled to modify the ratio as to the distribution of the works among the different WPC.24494/10 2 trade unions. This shall be done only under orders of the DLO and the police officials shall provide protection strictly in conformity with the DLO's orders. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.BHAVADASAN, Judge. kkb.15/09.