IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 WP(C).No. 37460 of 2008(H) --------------------------------------- PETITIONERS: --------------------- 1. C.M.ABDUL KHADER, CHETTUKUDY HOUSE, MALAMURY, PERUMBAVOOR P.O. 2. P.H.MAITHEEN, PATTARU MADOM HOUSE, MALAMURY, PERUMBAVOOR P.O. 3. P.H.KASIM, PATTARU MADOM HOUSE, MALAMURY, PERUMBAVOOR P.O. 4. K.H.RAZAK, KAMAMBRAM HOUSE, MALAMURY, PERUMBAVOOR P.O. BY ADVS. SRI.A.JAYASANKAR, SRI.MANU GOVIND. RESPONDENTS: ----------------------- 1. KERALA HEAD LOAD WORKERS' WELFARE BOARD, ERNAKULAM, REPRESENTED BY ITS CHIEF EXECUTIVE. 2. KERALA HEAD LOAD WORKER'S BOARD, PERUMBAVOOR LOCAL COMMITTEE, REPRESENTED BY ITS CHAIRPERSON, PERUMBAVOOR P.O. 3. ERNAKULAM JILLA HEAD LOAD AND GENERAL WORKERS UNION, VATTAKKATTUPADY-MALAMURY UNIT, CITU OFFICE, VATTAKKATTUPADY, PERUMBAVOOR P.O., REPRESENTED BY ITS SECRETARY, SRI.T.K.RAJAN. R1 BY ADV. SRI. RENIL ANTO, S.C, R3 BY ADV. SRI.N.C.MOHANAN, ADV. SMT.REKHA C.NAIR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.37460/2008-H: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DTD. 30/05/2006. EXT.P.2: COPY OF THE IDENTITY CARD OF P.1. EXT.P.3: COPY OF THE IDENTITY CARD OF P.2. EXT.P.4: COPY OF THE IDENTITY CARD OF P.3. EXT.P.5: COPY OF THE IDENTITY CARD OF P.4. EXT.P.6: COPY OF THE INTIMATION GIVEN TO THE P.2. DD. 09/06/2008. EXT.P.7: COPY OF THE REPRESENTATION SUBMITTED BY PETITIONERS BEFORE THE R.2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. ANTONY DOMINIC, J. -------------------------------- W.P.(C) NO.37460 OF 2008 (H) ------------------------------------------------------ Dated this the 9th day of January, 2009 J U D G M E N T Petitioners' complaint is that since their expulsion from third respondent union, they are not permitted to work as head load workers in the pool to which they are attached. 2. I have heard the learned standing counsel who entered appearance on behalf of first and second respondents. 3. Standing counsel submits that petitioners are registered workers and they were attached to pool No.35, which has now been divided into pool Nos.35 and 35A. According to the standing counsel, petitioners are presently attached to pool No.35A and on the basis of the registration fees they have paid, they are entitled to work as head load workers. W.P.(C) No.37460/2008 - 2 - 3. Thus, the stand of respondents 1 and 2 is that irrespective of expulsion of the petitioners from the third respondent union, so long as they have registration under the Kerala Head Load Workers Act and the Rules, they are entitled to work in the pool to which they are attached. If that be so, the respondents 1 and 2 will permit the petitioners to work in the pool to which they are attached. Apart from this, if any union is not allowing the petitioners to work in the pool to which they are attached, remedy available to the petitioners is to approach the law enforcement agencies. The writ petition is ordered accordingly. Sd/- ANTONY DOMINIC, JUDGE skr // True copy // P.A. to Judge.