IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 15TH MAY 2009 / 25TH VAISAKHA 1931 WP(C).No. 6873 of 2009(D) ------------------------------------ PETITIONER(S): ----------------------- 1. T.K. SURESH, AGED 43 YEARS, S/O. KUNJAPPAN, THURUTHEL HOUSE, KOKKAYAR, KOOTTIKKAL. 2. V.I. SHAJI, AGED 38 YEARS, S/O. ISMAEL, VARIKKOTTIL HOUSE, KOOTTIKKAL 3. JOE ABRAHAM, AGED 40 YEARS, ANDOOR HOUSE, KOOTTIKKAL. 4. BABU SEBASTIAN, AGED 38 YEARS, S/O. SEBASTIAN, KANYIYANTHARA HOUSE, KOOTTIKKAL. 5. C.D. JOSE, AGED 50 YEARS, S/O. DEVASIA, NJARAKKATTU HOUSE, KOOTTIKKAL. 6. K.N. SUKUMARAN, AGED 50 YEARS, S/O. NARAYANAN, ANANDAVILASAM, KOOTTIKKAL 7. K.C. CHACKO, AGD 55 YEARS, S/O. CHACKO, KANIYATTU THAYIL HOUSE, 8. M.M. MANI, AGED 55 YEARS, S/O. MAMMEN, MANAYATH HOUSE, KOOTTIKKAL. 9. THOMAS GEORGE, AGED 32 YEARS, S/O. BABY, EDATHILPARAMBIL HOUSE, KOOTTIKKAL. 10. M.C. KUTTAPPAN, AGED 32 YEARS, S/O. CEHRIAN, MUTHUKADU HOUSE, KOOTTIKKAL. 11. SHEREEF K.S., AGED 29 YEARS, S/O. SULAIMAN, KALLUPURAKKAL HOUSE, KOOTTIKKAL. W.P.(C). NO. 6873/2009-D 12. M.K. SURESH, AGED 38 YEARS, S/O. KUNJOONJU, MATTATHIL HOUSE, KOOTTIKKAL. 13. P.R. RAJAN BABU, AGED 38 YEARS, S/O. RAJAN, PARAYIL HOUSE, KOOTTIKKAL. 14. MATHEW VARGHESE, AGED 45 YEARS, S/O. VARGHESE, PURAPPANTHANATHU HOUSE, KOOTTIKKAL P.O, KOTTAYAM. BY ADV. MR.JOY GEORGE SMT.PRAICY JOSEPH RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY, LABOUR DEPARTMENT, GOVT. SECRETARIAT, THIRUVANNTHAPURAM. 2. THE RANGE OFFICER, FOREST RANGE OFFICE, ERUMELI. 3. DEPUTY LABOUR OFFICER, OFFICE OF THE LABOUR OFFICER, THODUPUZHA, IDUKKI. 4. ASSISTANT LABOUR OFFICER, PEERUMADE. 5. THE CIRCLE INSPECTOR OF POLICE, PEERUMADE. 6. BABY MATHEW, AGED ABOUT 50 YEARS, S/O. MATHEW, THAYILL HOUSE, PALA, KOTTAYAM DIST. R1 TO R5 BY GOVERNMENT PLEADER SMT.REMANI R6 BY ADV. MR.P.K.VIJAYAMOHANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 6873/2009-D APPENDIX PETITIONER'S EXHIBITS: EXT.P1 SERIES (13 IN NUMBER): COPY OF THE IDENTITY CARDS OF THE PETITIONERS 1 TO 13. EXT.P2 SERIES (4 IN NUMBER): COPY OF THE IDENTITY CARDS OF SOME OF THE REGISTERED HEAD LOAD WORKERS OF KOKKAYAR PANCHAYATH. EXT.P3: COPY OF THE COMPLAINT DATED 05/01/2009 PREFERRED BY THE REGISTERED WORKERS BEFORE THE 4TH RESPONDENT. EXT.P4: COPY OF THE NOTICE OF CONCILIATION DATED 12/01/2009 ISSUED BY THE 4TH RESPONDENT. EXT.P5: COPY OF THE NOTICE OF CONCILIATION UNDER SECTION 3 OF SECTION 21 OF THE ACT ISSUED BY THE 3RD RESPONDENT. EXT.P6: COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED 26/02/2009. EXT.P7: COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT INFORMING THE LIE AND EXTENT OF URUMBIKKARA FOREST RESERVE. EXT.P8: COPY OF THE LOCATION SKETCH OF KOKKAYAR PANCHAYATH. EXT.P9: COPY OF THE REFERENCE APPLICATION FILED BY THE PETITIONERS BEFORE THE GOVERNMENT. RESPONDENT'S EXHIBITS: EXT.R6(a): COPY OF THE WORK ORDER NO.A2-7845/07 DATED 04/11/2008 ISSUED BY THE DIVISIONAL FOREST OFFICER, KOTTAYAM TO THIS DEPONENT. EXT.R6(b): COPY OF THE AGREEMENT NO.7/2008-09 DATED 19/12/2008 EXECUTED BY THE PETITIONER. EXT.R6(c): COPY OF THE IDENTITY CARD WITH RGN. NO.C6-C1-233/90 ISSUED TO K.N.SAJEEVKUMAR ON 08/04/1990. EXT.R6(d): COPY OF THE IDENTITY CARD ISSUED TO SRI.GOPI K.B. DURING THE YEAR 1999. EXT.R6(e): COPY OF THE IDENTITY CARD ISSUED TO SRI.P.G.KUNJUMON DURING THE YEAR 1999. EXT.R6(f): COPY OF THE AGREEMENT DATED 16/11/2008 WITH THE REPRESENTATIVES OF THE UN IONS. EXT.R6(g): COPY OF THE COMPLAINT DATED 07/02/2009 PREFERRED BEFORE THE DIVISIONAL FOREST OFFICER. //TRUE COPY// P.S. TO JUDGE Rs/ V.GIRI, J. -------------------------------------------- W.P.(C).NO.6873 of 2009 --------------------------------------------- Dated this the 15th day of May, 2009. JUDGMENT The petitioners claim to be registered Headload Workers in the Koottikkal Panchayat. According to them, Koottikkal Panchayat is a notified area, wherein the Headload Workers' Scheme has been made applicable. There are 120 registered workers, who were issued identity cards in the Koottikkal Panchayat. 2. Essentially the dispute in the writ petition relates to the alleged denial of employment by the 6th respondent contractor. The issue is pending before the Deputy Labour Officer, Thodupuzha, Idukki, the 3rd respondent, as evidenced by Ext.P5. 3. Having heard counsel on both sides, I am of the view that the Deputy Labour Officer, the 3rd respondent may complete the conciliation proceedings within a time frame and if he is not in a position to arrive at a settlement, the parties are entitled to take further steps, as contemplated by the Headload Workers Act. W.P.(C).NO.6873 of 2009 :: 2 :: 4. Learned counsel for the petitioners submits that under Rule 25(2) of the Rules, it is mandatory on the part of the conciliation officer to communicate the decision taken, at the conciliation, to the parties, to enable them to take further steps in terms of Section 22 of the Headload Workers Act. Accordingly, the writ petition is disposed of directing the 3rd respondent to finalise the conciliation proceedings pending before him, as evidenced by Ext.P5, within six weeks from the date of receipt of a copy of this judgment. The conciliation shall be completed after notice to all the persons concerned. Sd/- (V.GIRI) JUDGE sk/ //true copy//