IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 WP(C).No. 29890 of 2009(E) -------------------------------------- PETITIONER(S): ---------------------- T.E.KORAH, THATTAMPURATH HOUSE CHUNDAKUZHY.P.O. VENGOOR VIA, ERNAKULAM DISTRICT PIN-683546. BY ADV. SRI.N.NAGARESH SRI.BINU PAUL SRI.T.V.VINU RESPONDENT(S): ------------------------- 1. CIRCLE INSPECTOR OF PLICE, PERUMBAVOOR. 2. DEPUTY SUPERINTENDENT OF POLICE PERUMBAVOOR. 3. K.A.BEERA PILLI, PRESIDENT HEADLOAD WORKERS UNION STU, KANJIRATHUNGAL HOUSE KANJIRAKKAD, RAYON PURAM.P.O. PERUMBAVOOR. 4. C.A.SULFI, PRESIDENT, HEADLOAD WORKERS UNION INTUC, CHERUVALLYKUDY, KANJIRAKKAD RAYON PURAM.P.O. PERUMBAVOOR. 5. P.E.NAZEER, PRESIDENT, HEADLOAD WORKERS UNION PTUC, PALLATHUKUDY, KANJIRAKKAD, RAYON PURAM.P.O. PERUMBAVOOR. R1 & R2 BY GOVERNMENT PLEADER SRI.P.N.SUKUMARAN. R3 TO R5 BY ADV. SRI.SHAJI P.CHALY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29890 of 2009(E) APPENDIX: PETITIONER'S EXHIBITS: EXT.P1..TRUE COPIES OF ATTACHED WORKERS CARD ISSUED TO PETITIONER'S PERMANENT WORKERS. EXT.P2..TRUE COPY OF THE ORDER NO.B1-1811/95 DATED 11.12.1995 OF THE DLO, ERNAKULAM. EXT.P3..TRUE COPY OF THE AGREEMENT DATED 11.2.2008 BETWEEN THE PETITIONER AND THE RESPONDENTS 3 TO 5. EXT.P4..TRUE COPY OF THE COMPLAINT DATED 15.10.2009 SUBMITTED TO THE IST RESPONDENT. EXT.P5..TRUE COPY OF THE COMPLAINT DATED 16.10.2009 SUBMITTED TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R4(1)..TRUE COPIES OF THE IDENTITY CARDS OF THE LABOURERS. EXT.R4(2)..TRUE COPY OF THE COMPLAINT BEFORE THE LABOUR OFFICER, PERUMBAVOOR DATED 19.10.2009. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.29890 of 2009-E ---------------------------------------------- Dated, this the 10th day of February, 2010 J U D G M E N T K.M.Joseph, J. Petitioner seeks police protection. Petitioner is a dealer in iron and steel, special steels, pipes and fittings. He has a branch at Kanjirakkad, Perumbavoor. Briefly put, the case of the petitioner is as follows:-- Petitioner has installed three Electrically Operated Trolly Cranes (EOT) spending about one crore rupees to carry out the loading and unloading activities. According to him, by Ext.P3 agreement he has agreed that if any manual unloading is required it will be given to the members of the respondents union. The complaint, however, is that respondents 3 to 5 are obstructing the loading activities using mechanical device. 2. This Court on 22.10.2009 has passed the following interim order. “Notice by special messenger to all the respondents. There will be an interim order as prayed for. However it is made clear that in case man power is WPC 29890/2009 -2- required petitioner shall engage members of unions as per Ext.P3.” 3. We heard the learned counsel for the petitioner, learned counsel for the 4th respondent and also the learned Government Pleader. Learned counsel for the 4th respondent would bring to our notice the clauses in Ext.P3. It is submitted that there is violation of agreement. It is further submitted that the matter is pending consideration before the District Labour Officer. According to the petitioner, the petitioner is using mechanical device for carrying out the work. 4. In such circumstances, we dispose of the writ petition as follows:-- The interim order dated 22.10.2009 is made absolute. However, the complaint before the District Labour Officer will be investigated and a decision taken thereon in accordance with law and the grant of police protection will be subject to the final decision taken by the District Labour Officer. In case any amount is found due from the petitioner, it will be open to the authorities to recover it in accordance with law from the WPC 29890/2009 -3- petitioner. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS