IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 WP(C).No. 25770 of 2011(U) --------------------------------------- PETITIONERS: --------------------- 1. HASHIM. I, AGED 47 YEARS, S/O.IBRAHIM, KUZHIYIL VEEDU, VALAKKODU P.O., T.B.JUNCTION, PUNALUR, PIN -691 305. 2. A.K.RAJU, AGED 51 YEARS, S/O.KUNJURAMAN, KAILAS, AIYKKARAKONAM, KAKKODU P.O, PUNALUR, PIN -691 305. BY ADVS. SRI. RAJA VIJAYARAGHAVAN, SRI.R.RANJITH. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2. THE DEPUTY SUPERINTENDENT OF POLICE, PUNALUR, KOLLAM DISTRICT, PIN 691 305. 3. THE SUB INSPECTOR OF POLICE, PUNALUR POLICE STATION, PUNALUR, KOLLAM DISTRICT, PIN- 691 305. 4. INTUC (I), PUNALUR REGION, PUNALUR, KOLLAM DISTRICT, PIN -691 305, REPRESENTED BY ITS CONVENER, MURALEEDHARAN. 5. CITU, PUNALUR REGION, PUNALUR, KOLLAM DISTRICT, PIN- 691 305, REPRESENTED BY ITS REGIONAL CONVENER, P.C.YOHANNAN. W.P.(C).NO.25770/2011-U: 6. AITUC, PUNALUR REGION, PUNALUR, KOLLAM DISTRICT, PIN- 691 305, REPRESENTED BY ITS REGIONAL CONVENER, K.RAJAN. R1 TO R3 BY GOVT. PLEADER SMT. C.M. CHARISMA, R4 TO R6 BY ADVS. SRI.M.V.THAMBAN, SRI.R.REJI, SMT.THARA THAMBAN, SRI.B.BIPIN , SMT.REVATHY P.NAIR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.25770/2011-U: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE COMMUNICATION DTD. 04/07/2011 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER CONSTRUCTION, PUNALUR. EXT.P.2: COPY OF THE COMMUNICATION DTD. 01/08/2011 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER CONSTRUCTION, PUNALUR. EXT.P.3: COPY OF THE CASH RECEIPT DTD. 12/07/2011 ISSUED BY THE EXECUTIVE ENGINEER, CONSTRUCTION, SOUTHERN RAILWAY, PUNALUR. EXT.P.4: COPY OF THE CASH RECEIPT DTD. 16/08/2011 ISSUED BY THE EXECUTIVE ENGINEER, CONSTRUCTION, SOUTHERN RAILWAY, PUNALUR. EXT.P.5: COPY OF THE AGREEMENT ENTERED INTO BY THE PETITIONERS AND RESPONDENTS 4 TO 6 DTD. 19/07/2011. EXT.P.6: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE R.2. WITH COPY TO THE R.3. RESPONDENT'S EXHIBIT:- EXT.R6(A): COPY OF THE AGREEMENT DTD. 07/08/2011. //TRUE COPY// P.S. TO JUDGE Prv. PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- WP(C).NO. 25770 of 2011 --------------------------------- Dated this the 4th day of October, 2011 JUDGMENT Pius C.Kuriakose,J. Having regard to the submissions addressed before us in detail by Sri.R.Ranjith, counsel for the petitioner and Sri. M.V.Thamban, counsel for the contesting respondents, we are of the view that as both sides agreed that Ext.P5 agreement entered into between the petitioner and the workers owing allegiance to the contesting union is to be honoured, it is the duty of the police to ensure that the parties are able to honour their respective commitments under the agreement. Accordingly we dispose of the writ petition issuing the following directions. Respondents 4 to 6 will depute requisite number of their members or workers owing allegiance to them so as to enable the petitioners to complete the work entrusted with them under Exts.P1 and P2 in time on condition that the petitioners will pay to the workers so deputed, wages as agreed to by both sides in Ext.P5. If anybody obstructs doing of work by the workers so WP(C).25770/2011 2 deputed on the terms of Ext.P5 it shall be the duty of the 3rd respondent to remove such obstruction and to ensure that the work is carried out strictly in accordance with the wage rate fixed under Ext.P5. The work at any rate shall be completed within a period of 25 days from today. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ WP(C).25770/2011 3