IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 WP(C).No. 28711 of 2005(R) -------------------------- PETITIONERS: --------------- 1. COCHIN PORT FERTILIZER AND FOOD GRAIN HANDLING WORKERS' UNION (UTUC-M) REG. NO.7/47/2001, EDACOCHI, REPRESENTED BY SRI.PALLURUTHY SUBAIR, GENERAL SECRETARY. 2. ASHARAF.P.A., PULLEL HOUSE, VI/1625, NEAR FIRE STATION, MATTANCHERRY, KOCHI-2. 3. K.A.UMMER, POKKANAMURI LANE, XXI/1334-L, CHOICE ROAD, PALLURUTHY, KOCHI-6. BY ADV. SRI.P.N.SASIDHARAN RESPONDENTS: -------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA STATE CIVIL SUPPLIES CORPORATION, MAVELI BHAVAN, GANDHI NAGAR, KOCHI-20, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR. 3. REGIONAL LABOUR COMMISSIONER, ERNAKULAM. ADV. SRI.V.J.MATHEW, SC CIVIL SUPPLIES CORPN FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 28711/2005 APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1 : TRUE COPY OF MINUTES OF THE MEETING HELD ON 19.1.2004 BETWEEN THE REPRESENTATIVES OF THE 2ND RESPONDENT AND 1ST PETITIONER UNION EXHIBIT P2 : TRUE COPY OF REPRESENTATIOND ATED 20.8.2003 SUBMITTED BY THE 1ST PETITIONER BEFORE THE HON'BLE CHIEF MINISTER OF KERALA EXHIBIT P3 : TRUE COPY OF PETITIOND ATED 28.8.2003 FILED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENTS EXHIBIT P4 : TRUE COPY OF DECISION NO. I.R. 2496/2003 DATED 3.10.2003 TAKEN BY THE 3RD RESPONDENT EXHIBIT P5 : TRUE COPY OF MINUTES OF THE MEETING HELD ON 19.12.2003 IN THE PRESENCE OF HON'BLE MINISTER FOR LABOUR. EXHIBIT P6 : TRUE COPY OF REPRESENTATION DATED 24.11.2004 SUBMITTED BY THE 1ST PETITIONER UNION BEFORE THE HON'BLE MINISTER FOR FOOD AND CIVIL SUPPLIES. EXHIBIT P7 : TRUE COPY OF PROCEEDINGS DATED 14.12.2004 OF THE ADDITIONAL GENERAL MANAGER OF THE 2ND RESPONDENT. EXHIBIT P8 : TRUE COPY OF LETTER NO. 648/04/M(PCA) DATED 24.11.2004 ISSUED FROM THE OFFICE OF THE HON'BLE MINISTER FOR FOOD AND CIVIL SUPPLIES TO THE 1ST PETITIONER. EXHIBIT P9 : TRUE COPY OF LETTER NO. C1-24087/2002 DATED 10.1.2005 ISSUED BY THE ADDITIONAL GENERAL MANAGER OF THE 2ND RESPONDENT TO THE 1ST PETITIONER. EXHIBIT P10 : TRUE COPY OF IDENTITY CARD NO. 07/03/69/2001 ISSUED BY THE ASSISTANT LABOUR OFFICER, KOCHI 1ST CIRCLE TO THE 2ND RESPONDENT. EXHIBIT P11 : TRUE COPY OF THE MEMORANDUM DATED 16.8.2007 SUBMITTED BEFORE THE HON'BLE CHIEF MINISTER. EXHIBIT P12 : TRUE COPY OF THE ACKNOWLEDGEMENT CARD DATED 28.8.2006 RECEIVED FROM THE OFFICE OF THE CHIEF MINISTER EXHIBIT P13 : TRUE COPY OF THE PAPER PUBLICATION DATED 9.1.07 APPEARED IN THE MADHYAMAM MALAYALAM DAILY. RESPONDENT'S EXHIBITS: EXHIBIT R2(a) : THE COPY OF THE LETTER WITH THE MINUTES ISSUED FROM THE CORPORATION TO THE GOVERNMENT EXHIBIT R2(b) : THE COPY OF THE NOTIFICATION NO. G.O.(Rt.) 213/04 FCS & CAD DATED 16.7.2004. /TRUE COPY/ P.A. TO JUDGE. vkm V.GIRI,J. ------------------------- W.P ( C) No.28711 of 2005 -------------------------- Dated this the 3rd October, 2008 J U D G M E N T First petitioner is the Registered Trade Union and petitioners 2 and 3 are its members. Members of the 1st petitioner Union are working as loading and unloading workers in the Kallu Godown at Mattanchery belonging to Civil Supplies Corporation. Ration articles distributed to the 140 retail ration shops was lifted from the said godown. Apparently, the godown was closed on account of the death of a goat which is alleged to have eaten rice from the godown. First petitioner Union moved the Government by means of Exhibit P6 representation for re- opening the godown. The same has been forwarded to the Civil Supplies Corporation, as evidenced by Exhibit P8. The only direction required in this writ petition is one to the 2nd respondent to consider Exhibit P6, which has been forwarded to him as per Exhibit P8 and take appropriate decision within a period of two months from the date of W.P ( C) No.28711 of 2005 2 receipt of a copy of this judgment. The writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.28711 of 2005 3 W.P ( C) No.28711 of 2005 4 (V.GIRI,JUDGE) ma W.P ( C) No.28711 of 2005 5 W.P ( C) No.28711 of 2005 6