IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 WP(C).No. 32889 of 2009(E) --------------------------------------- PETITIONER(S): ----------------------- 1. M.ABDUL SALAM, T.C.35/113, PUTHEN ROAD JUNCTION, VALLAKADAVU P.O., THIRUVANANTHAPURAM. 2. A.HAJA, PARAVILAKOM PUTHEN VEEDU, HOUSE NO.41, KILLI, KATTAKADA, THIRUVANANTHAPURAM. 3. M.RAHIM, T.C.35/525, SULAIMAN STREET, AIRPORT ROAD, VALLAKADAVU P.O., THIRUVANANTHAPURAM. 4. P.ABDUL RASHEED, P.J.MANZIL, T.C.38/1823, BOTTUPURA, VALLAKADAVU P.O., THIRUVANANTHAPURAM. 5. S.SHAJAHAN, HOUSE NO.1-195, ERUTHAVOOR, BALARAMAPURAM, THIRUVANANTHAPURAM. 6. A.FIROZKHAN, T.C.35/701, P.D.NAGAR, VALLAKADAVU P.O., THIRUVANANTHAPURAM. 7. E.SUDHEER, THAZNI MANZIL, T.C.35/705, P.D.NAGAR, VALLAKADAVU P.O., THIRUVANANTHAPURAM. 8. A.RASHEED, T.C.35/46 (1), NEAR 16 MANDAPAM, VALLAKADAVU P.O., THIRUVANANTHAPURAM. 9. P.KABEERKUTTY, SHAJIDA MANZIL, T.C.31/1845, PNNAKKAITHOPPE, BOATPURA, VALLAKADAVU P.O., THIRUVANANTHAPURAM. 10. C.VIJAYAN, T.C.31/1824, PUNNAKKALTHOPPE, BOATPURA, VALLAKADAVU, THIRUVANANTHAPURAM. WP(C).No. 32889 of 2009(E) 11. C.SUNDARAN, T.C.31/1819, PUNNAKKALTHOPPE, VALLAKADAVU, THIRUVANANTHAPURAM. 12. P.NAZIMUDEEN, T.C.35/197, CHEELANTHIMUKKU, AIRPORT ROAD, THIRUVANANTHAPURAM. 13. S.SUDARSANAN, T.C.31/1735 (1), SAI BHAVAN, VAYYAMOOLA, VALLAKADAVU P.O., THIRUVANANTHAPURAM. 14. A.M.HANEEFA, BANGLAVIL HOUSE, T.C.31/1858, PUNNAKKALTHOPPE, VALLAKADAVU P.O., THIRUVANANTHAPURAM. 15. A.SULAIMAN, T.C.35/345, KUNNIL VEEDU, M.K.M.HANEEFA NAGAR, VALLAKADAVU P.O., THIRUVANANTHAPURAM. 16. N.NIZAMUDEEN, SAJITHA MANZIL, T.C.31/1845, PNNAKKALTHOPPE, VALLAKADAVU P.O., THIRUVANANTHAPURAM. 17. P.MOHAMMED HUSAIN, P.J.MANZIL, T.C.31/1822 (A), PUNNAKKALTHOPPE, VALLAKADAVU P.O., THIRUVANANTHAPURAM. 18. A.NAZEER, PALLAM HOUSE, T.C.35/72, NEAR 16 MANDAPAM, VALLAKADAVU P.O., THIRUVANANTHAPURAM. 19. M.THAJUDEEN, T.C.35/180, PUNNAKKALTHOPPE, VALLAKADAVU P.O., THIRUVANANTHAPURAM. 20. A.ASHRAF, T.C.35/653, P.D.NAGAR, VALLAKADAVU P.O., THIRUVANANTHAPURAM. BY ADV. MR.GOPAKUMAR R.THALIYAL, MR.M.S.VIJAYACHANDRAN BABU. RESPONDENT(S): ------------------------- 1. THE DEPUTY LABOUR OFFICER, OFFICE OF THE DISTRICT LABOUR OFFICER, THIRUVANANTHAPURAM. 2. THE CHAIRMAN, KERALA HEAD WORKERS WELFARE FUND BOARD, VANCHIYOOR, THIRUVANANTHAPURAM. WP(C).No. 32889 of 2009(E) 3. SHRI.MANZOOR.S., S/O.SAINUDEEN T.C.35/1793, ARTTUVARAMBIL VEEDU, VALLAKADAVU, THIRUVANANTHAPURAM. 4. THE ASSISTANT LABOUR OFFICER, 2ND CIRCLE, KAZHAKOOTTAM, THIRUVANANTHAPURAM. 5. THE REGIONAL JOINT LABOUR COMMISSIONER, KOLLAM (APPELLATE AUTHORITY UNDER THE HEAD LOAD WORKERS ACT). 6. THE DISTRICT LABOUR OFFICER, THIRUVANANTHAPURAM. R1, R4 TO R6 BY GOVERNMENT PLEADER R2 BY ADV. MR.KOSHY GEORGE, SC. R3 BY ADV. SMT.S.MUMTAZ. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 32889 of 2009(E) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE MINUTES OF THE CONFERENCE HELD ON 01/08/1990. EXT.P2: COPY OF THE MINUTES OF THE CONFERENCE HELD ON 07/01/1995. EXT.P3: COPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER DATED 14/08/1996. EXT.P4: COPIES OF THE IDENTITY CARDS ISSUED TO THE PETITIONERS. EXT.P5: COPY OF THE JUDGMENT PASSED BY THIS HONOURABLE COURT IN WP(C) NO. 1160/2007 DATED 02/02/2007. EXT.P6: COPY OF THE JUDGMENT PASSED BY THIS HONOURABLE COURT IN WP(C) NO. 1786/2008 DATED 21/01/2008. EXT.P7: COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT DATED 12/08/2008. EXT.P8: COPY OF THE ORDER PASSED BY THE 5TH RESPONDENT DATED 26/10/2009. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. K.SURENDRA MOHAN, J ........................................... WP(C).NO.32889 OF 2009 ............................................ DATED THIS THE 3rd DAY OF FEBRUARY, 2010 JUDGMENT The petitioners allege that they are head load workers who had been attending to the loading and unloading work at the go downs of the Kerala State Ware housing Corporation and the Kerala State Civil Supplies Corporation at Vallakadavu from 1980 onwards. According to them, the fourth respondent registered the names of 33 headload workers including the petitioners under Section 26A of the Kerala Headload Workers Rules and they were issued with Ext.P4 identity cards. In Ext.P4, the petitioners have been described as working in the Kerala State Ware Housing go downs. 2. The third respondent had filed WP(C)1788 of 2008 before this court challenging the issue of Ext.P4 identity cards to the petitioners and others. This court disposed of the said writ petition by judgment dated 21.1.2008, directing the Assistant Labour Officer, who was the first respondent therein to initiate and complete proceedings under Section 21 of the Kerala Head load Workers Act after affording an Wpc 32889/09 2 opportunity of being heard to all concerned within a period of two months from the date of receipt of a copy of the judgment. 3. Pursuant to Ext.P6 judgment, it appears that the fourth respondent had conducted conciliation proceedings but was not successful in settling the dispute. Therefore, he had submitted a failure report to the Deputy Labour Officer, Thiruvananthapuram. Thereupon, the Deputy Labour Officer, who is the Conciliation Officer under the Kerala Headload Workers Act, 1978 has initiated proceedings under Section 21(4) of the Act. He has passed Ext.P7 proceedings in which he has found that the petitioners are persons who had not been issued with identity cards in Form C by the Welfare Fund Board and therefore they are not entitled to do loading and unloading work in the area. Thereafter, for the purpose of initiating further action in the matter, a report has been called for from the Assistant Labour Officer in accordance with Section 26(4) of the Act with respect to the cards issued to the petitioners. The said proceedings of the Deputy Labour Officer evidenced herein by Ext.P7 was challenged by the petitioners before the Appellate Authority under the Act. The appeal has been Wpc 32889/09 3 disposed of by Ext.P8 proceedings. The appellate authority has found that the godowns of the Warehousing Corporation and Civil Supplies Corporation were not functioning at Vallakadavu during the year, 2002. Since the question as to the validity of identity cards was still pending consideration of the Deputy Labour Officer, the appellate authority found that there was no reason to interfere with the proceedings that were pending. Therefore, the appeal was dismissed. 4. The counsel for the petitioner challenges Ext.P7 and P8 in this writ petition. 5. The counsel for the third respondent points out that Ext.P7 is not a final order, but that the proceedings are still to be completed. The counsel for the second respondent also submits that since the proceedings were not completed in accordance with Section 26(4) of the Act, there are no grounds to interfere with Ext.P7 and P8 at this stage. On the issue of final orders under Section 26(4) of the Act, it is pointed out that the same is also appealable. 6. I have heard Adv.Gopakumar.R.Thaliyal for the petitioner, Adv.Koshy George for second respondent and Adv.Smt.Mumtaz.S for Wpc 32889/09 4 third respondent. I have considered the rival contentions anxiously. 7. I notice from Ext.P6 that a direction has been issued by this court to the Assistant Labour Officer to initiate and complete proceedings under Section 21 of the Act after affording an opportunity to all concerned within a period of two months. Pursuant to the said direction, though the Assistant Labour Officer had initiated steps to settle the dispute, he was not successful in doing so. Therefore, as is evident from Ext.P7, he has submitted a report to the Conciliation Officer informing his inability to work out a settlement. On receipt of such a report, the Conciliation Officer is empowered to conduct conciliation and investigate the same and to do all that is necessary to promote an amicable settlement of the dispute. If a settlement is not arrived at, the Conciliation Officer has the authority to decide the dispute or any matter in respect to which a settlement is not arrived at and thereafter, he has to send a report to the appellate authority. 8. It is an admitted case that no report as contemplated by Section 21(4) has been sent by the Conciliation Officer to the appellate authority. A reading of Exts.P7 and P8 shows that the proceedings Wpc 32889/09 5 under Section 21(4) of the Act are still remaining incomplete. Since no final orders have been passed by the Deputy Labour Officer, who is the Conciliation Officer, under Section 21(4) of the Act, it is not necessary to interfere with Exts.P7 and P8 proceedings at this stage. I also notice that the petitioner has a right of appeal to challenge any order that may be passed under Section 21(4) of the Act, finally. The above being the position, I do not think that Ext.P7 and P8 proceedings require interference at this stage. In view of the above, the writ petition fails and the same is accordingly dismissed. No costs. K.SURENDRA MOHAN, JUDGE lgk