IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 WP(C).No. 26128 of 2009(I) PETITIONER(S): C.J.BULK CARRIERS PVT. LTD.,OFFICE AT PLOT NO.D-284 T.T.C.INDUSTRIAL AREA,M.I.D.C.,TURBHE NAKA, NAVI MUMBAI-400 705, HAVING BRANCH OFFICE AT A1 QUARTERS, FACT-OPP.TCC LTD.,UDYOGAMANDAL,ELOOR, KOCHI,REP. BY ITS DIRECTOR AJAY R.SHARMA, S/O.RAM NARAYAN SHARMA,AGED 39 YEARS. BY ADV. SRI.B.N.SHIVA SHANKAR RESPONDENT(S): 1. THE GENERAL SECRETARY,CONSTRUCTION AND CONTRACT WORKERS UNION, REG.NO.138/69(CITU UNION), UDYOGAMANDAL. 2. THE GENREAL SECRETARY, PRIVATE MOTOR THOZHILALI UNION (AITUC),REG.NO.145/81,T.U.HOUSE, C.S.ROAD, KOCHI-11. 3. THE MANAGING DIRECTOR,FACT, UDYOGAMANDAL. 4. SUB INSPECTOR OF POLICE, AMBALAMEDU. 5. SUB INSPECTOR OF POLICE, TRIPUNITHURA. 6. SUB INSPECTOR OF POLICE, THRIKKAKARA. 7. SUB INSPECTOR OF POLICE, KALAMASSERY. 8. SUB INSPECTOR OF POLICE, ELOOR. 9. THE COMMISSIONER OF POLICE, ERNAKULAM. 10. DIRECTOR GENERAL OF POLICE,THIRUVANANTHAPURAM. 11. KERALA STATE, REP. BY THE SECRETARY, HOME MINISTRY, SECRETARIAT, THIRUVANANTHAPURAM. 12. DISTRICT LABOUR OFFICER, KAKKANAD. ADV. SRI.A.P.SUBHASH FOR R2 SRI.E.K NANDAKUMAR, STANDING COUNSEL, FACT GOVT.PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.26128 OF 2009 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the present work contract or work order issued to the petitioner for the period from 18.10.08-17.10.2011. Ext.P2: True copy of the agreement. Ext.P3: True copy of the notice. Ext.P4: True copy of the letter dated 9.7.09. Ext.P5: True copy of the demand notice dated 11.7.09. Ext.P6: True copy of the letter dated 14.7.09. Ext.P7: True copy of the letter dated 29.7.09. Ext.P8: True copy of the reply dated 1.8.09. Ext.P9 series: True copy of the work estimate given by the workshop for the repairing of the vehicle. Ext.P10: True copy of the petition dated 18.8.09. Ext.P11: True copy of the postal receipts. RESPONDENTS'S EXHIBITS: Ext.R1(a): Copy of the notice dated 18.08.09 issued by the Asst.Labour Commissioner (Central), Ernakulam. KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P. (C) NO. 26128 OF 2009 --------------------------------------------- Dated this the 24th day of September, 2009 JUDGMENT Kurian Joseph, J. This Writ Petition is filed with the following prayers: i. Issue a writ of mandamus or such other writs directing the respondents 4 to 10 to enlarge protection to the life and property of the petitioner and his employees. ii. To direct the respondents 4 to 10 to initiate actions for retrieving back the vehicles bearing number KL 7 BB 256, KL 7 BB 273, KL 7 BB 13, KL 7 BD 2879, KL 7 BD 2834 and KL 7 BD 2826 from the custody of the 1st respondent union. 2. Learned counsel appearing for the first respondent submits that the entire allegations raised against the first respondent- union are factually incorrect. It is submitted that the vehicles belong to the petitioner and the drivers are also engaged by the petitioner. It is further submitted that the drivers are under the control of the petitioner and that the petitioner is carrying on the business by operating the vehicles by W.P.(C) NO. 26128/2009 2 drivers engaged by the petitioner. It is also submitted that respondents 1 and 2 do not have any intention to obstruct the smooth transport of ammonia as per the contract entered into by the petitioner with the third respondent. However, it is the apprehension of the first respondent that behind the order of protection granted by this Court, the petitioner may not co-operate with the various disputes of the workmen engaged by it and whose cause is represented by respondents 1 and 2. 3. We do not find any basis for such an apprehension. The order passed by this Court is only for transportation of ammonia by the petitioner. The vehicles have to be operated by the petitioner engaging its drivers. Respondents 1 and 2 shall not in any way interfere with the operation of the vehicles. In the event of respondents 1 and 2 interfering with the operation referred to above, respondents 4 to 9 are directed to render adequate and effective protection to the petitioner to operate the vehicles by engaging its workmen who are presently engaged. We direct the petitioner to co-operate with Ext.R1(a) or any other proceedings initiated by the union or the workmen under the provisions of the Industrial Disputes Act, 1947. The order as above granted by this Court shall not be used as a tool for not extending the eligible benefits, if any, as settled by the forums under the Industrial Disputes Act. In case any W.P.(C) NO. 26128/2009 3 vehicles are detained by the first respondent, there will be a direction to respondents 4 to 9 to see that those vehicles are released forthwith to the petitioner. The Writ Petition is disposed of as above. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C) NO. 26128/2009 4 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO.26128/2009 JUDGMENT 24th September, 2009 W.P.(C) NO. 26128/2009 5