IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 WP(C).No. 32800 of 2007(D) --------------------------------------- PETITIONER(S): ------------------------ 1. ALL INDIA RATION DEALERS ASSOCIATION TALUK COMMITTEE, AMBALAPUZHA REG.NO.01-01/98 APA BUILDING, VELLAKINAR JUNCTION, ALAPPUZHA-1 REPRESENTED BY ITS GENERAL SECRETARY 2. V.S.SIVAPPAN,VELIYIL HOUSE PATHIRAPPALLY P.O.,ALAPPUZHA. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.T.S.SHYAM PRASANTH RESPONDENT(S): ----------------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT FOOD AND CIVIL SUPPLIES DEPARTMENT,GOVT,SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT SUPPLY OFFICER, ALAPPUZHA. 3. THE DISTRICT LABOUR OFFICER ALAPPUZHA. 4. KERALA STATE CIVIL SUPPLIES CORPORATION LTD GANDHI NAGAR, ERNAKULAM,REPRESENTED BY ITS MANAGING DIRECTOR. 5. THE ASSISTANT MANAGER, KERALA STATE CIVIL SUPPLIES CORPORATION SUB DEPOT, (PDS) BEACH GODOWN,ALAPPUZHA. 6. THE SUPERINTENDENT OF POLICE ALAPPUZHA. W.P.(C) NO.32800/2007 7. LOADING AND CONSTRUCTION WORKERS UNION (CITU) ALAPPUZHA, REPRESENTED BY ITS SECRETARY. 8. LANDING AND LOADING WORKERS UNION (INTUC)* ALAPPUZHA,REPRESENTED BY ITS SECRETARY. 9. LOADING AND UNLOADING WORKERS UNION (INTUC) ALAPPUZHA,REPRESENTED BY ITS SECRETARY.** 10. KERALA STATE CIVIL SUPPLIES CORPORATION SUB DEPOT PDS WORKERS UNION (INTUC),ALAPPUZHA REPRESENTED BY ITS SECRETARY. 11. KERALA STATE CIVIL SUPPLIES CORPORATION UB DEPOT PDS WORKERS UNION (AITUC) PORT LC,MUPPALAM ALAPPUZHA,REPRESENTED BY ITS SECRETARY 12. COMMERCIAL EMPLOYEES UNION (INTUC) ALAPPUZHA,REPRESENTED BY ITS SECRETARY. ** R9. ALAPPUZHA JILLA POTHUMARMATHU AND GENERAL WORKERS UNION, I.N.T.U.C. OFFICE, ALAPPUZHA, REP.BY ITS SECRETARY. DESCRIPTION OF R8 AND R9 ARE MADE AS PER ORDER DT. 28.1.08 IN IA. NO.1204/08. ADV. SMT.MOLLY JACOB,SC,SUPPLYCO FOR R4 SRI.SHAJI P.CHALY FOR R7 TO 12 GOVERNMENT PLEADER SRI.K.A.BABU FOR R.1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2008, ALONG WITH WPC NO. 28534 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.32800/2007 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE JUDGMENT DT. 4.8.89 IN OP. 5674/89 OF THIS HONOURABLE COURT. P2:- COPY OF THE REPRESENTATION SUBMITTED BY THE IST PETITIONER ASSOCIATION BEFORE THE 3RD RESPONDENT ON 20.2.0.7. P3:- COPY OF THE NEWS REPORT WHICH APPEARED IN MATHRUBHUMI DAILY DT. 30.7.07. P4:- COPY OF THE ORDER NO.LR(2) 696/07 DT. 17.9.07 ISSUED BY THE 3RD RESPONDENT. P5:- COPY OF THE COMPLAINT GIVEN BY THE IST PETITIONER ASSOCIATION BEFORE THE 5TH RESPONDENT DT. 9.10.07. P6:- COPY OF THE NEWS REPORT WHICH APPEARED IN MALAYALA MANORAMA DAILY DT. 13.10.07. P7:- COPY OF THE ORDER NO.G.O.(RT) 91/00/F& CSD DT. 12.4.2000 ISSUED BY THE IST RESPONDENT. P8:- COPY OF THE MODEL FIXATION OF PRICE AS PER GO(MS) 11/76/FD DT. 7.5.06. P9:- COPY OF THE PRICE FIXATION STATEMENT WITH EFFECT FROM 1.4.05. P10:- COPY OF THE AGREEMENT FOR TWO YEARS FROM 1.6.07 BETWEEN THE RESPONDENTS 7 TO 12 AND THE PETITIONERS. P11:- COPY OF THE LETTER ISSUED BY THE CIVIL SUPPLIES CORPORATION TO THE SECRETARY , AMBALAPUZHA TALUK HEAD LOAD WORKERS CO-OPERATIVE WELFARE SOCIETY LTD. P12:- COPY OF THE AGREEMENT BETWEEN THE CIVIL SUPPLIES CORPORATION HEAD LOAD WORKERS' UNION AND FCI HEAD LOAD WORKERS UNION, DT. 4.2.97. P13:- COPY OF THE LETTER DT. 6.12.97 ISSUED BY THE KERALA STATE CIVIL SUPPLIES CORPORATION SUB DEPOT (PDS) WORKERS UNION INTUC(I) TO THE SECRETARY, KERALA RATION DEALERS ASSOCIATION, AMBALAPUZHA TALUK. P14:- COPY OF THE LETTER DT. 1.4.99 ISSUED BY THE KERALA STATE CIVIL SUPPLIES CORPORATION SUB DEPOT (PDS) WORKERS UNION INTUC(I). P15:- COPY OF THE COMPLAINT DT. 16.1.06 SUBMITTED BY THE ALL KERALA RETAIL RATION DEALERS' ASSOCIATION TO THE TALUK SUPPLY OFFICER , ALAPPUZHA. P16:- COPY OF THE SETTLEMENT DT. 20.7.93. /TRUE COPY/ P.S. TO JUDGE tss V.GIRI, J. ------------------------- W.P.(C).No.32800/07 & 28534 of 2008 ------------------------- Dated this the 15th day of December, 2008. JUDGMENT The disposal of W.P.(C)No.32800/07 will effectively govern the other writ petition also. Therefore, these writ petitions are heard together and are being disposed of by this common judgment. I will refer to the facts in W.P.(C)No.32800/07. W.P.(C)No.32800/07 2. The petitioner, All India Ration Dealers Association, is a registered association and the second petitioner is an Authorised Retail Dealer. This court had, in Ext.P1 judgment, directed that the wages to the Head Load Workers of the Food Corporation of India may be paid, as agreed upon in an agreement which was then prevailing. Earlier the charge was 1.55 per one quintal of rice. That, in the presence of the Labour Officer, it was decided that the present rate is Rs.4/- per quintal and as per Ext.P4, the Liaison Officer 3rd respondent passed an order under Section 21(4) of the Headload Workers' Act {for short “the W.P.(C).NO.32800/07 & con. case :: 2 :: Act”} directing that amounts other than the fixed wages shall not be realised. It is not being followed by the workers and hence the writ petition praying for the following reliefs: (i) Issue a writ of mandamus or other appropriate writ, order or direction, directing the respondents 1 to 6 to implement Ext.P4 forthwith. (ii) direct the respondents 1 to 6 not to permit respondents 7 to 12 and their members doing loading rationed articles at the sub depot of the 4th respondent at Alappuzha for amounts higher than what is fixed in Ext.P4 like vellamkudi money etc. towards the loading of rationed articles to ARDs in Ambalapuzha Taluk; (iii) permit the ARDs in Ambalapuzha Taluk to remit the loading charges as per Ext.P4 with the 5th respondent for payment of loading charges of rationed articles to the workers of the sub depot of the 4th respondent at Alappuzha; (iv) Issue a writ or certiorari or other appropriate writ, order or direction, calling for the records leading to Ext.P7 and quash the decision therein exonerating respondents 4 and 5 from paying loading charges of rationed articles for their workers attached to their sub depot at W.P.(C).NO.32800/07 & con. case :: 3 :: Alappuzha; (v) declare that respondents 4 and 5 are legally bound to pay the handling and loading charges of rationed articles to the headload workers attached to their depot at Alappuzha from their wholesale margin in terms of Ext.P8; (vi) issue such other and further relief as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case; and (vii) award costs of this petition.” 3. Counter affidavits have been filed by the Civil Supplies Corporation and by the Union. 4. W.P.(C)No.28534/08 has been filed by the union seeking a direction to the District Labour Officer to convene a conciliation conference and settle the wages actually payable to the workers. 5. I heard Mr.Jaju Babu, Learned counsel for the petitioner in W.P.(C)No.32800/07, Mrs.Molly Jacob, learned standing counsel for the Corporation, learned Government Pleader Sri.P.K.Babu and Sri.S.P.Chaly, learned counsel for the petitioner in W.P.(C)No.28534/08. 6. Mr.Jaju Babu refers to Ext.P4 and points out that the District Labour Officer, exercising his powers W.P.(C).NO.32800/07 & con. case :: 4 :: under Section 21(4) of the Act, has directed that only the wages fixed should be realised or collected by the Unions. But amount far in excess, under different heads, none of which have any statutory sanction or are otherwise agreed upon, are being collected. That though Rs.4/- per quintal is the loading charges agreed upon in several cases, an amount of Rs.10/- per load and other charges under several heads are being collected. Reference is made to the continuous default on the part of the unions in attending the conciliation conference. He particularly makes reference to the allegations contained in paragraph 5 of the counter affidavit filed in W.P.(C)No.28534/08. 7. Learned counsel for the petitioner in W.P. (C)No.28534/08 submits that Ext.P4 in W.P.(C) No.32800/07, no doubt, declares that the Union workers are only entitled to realise the charges agreed upon. The rate was fixed in the year 1997. Obviously there has to be a revision. What is declared in Ext.P4 is only the liability to realise what is agreed upon and not to realise anything in excess. Ext.P4 does not say what has been agreed upon. W.P.(C).NO.32800/07 & con. case :: 5 :: 8. The District Labour Officer, who is the competent authority, should specify the amount payable per quintal and leviable by the Unions in the depot at Ambalapuzha. That does not seem to have been done in Ext.P4. In the result, the writ petition is disposed of directing the District Labour Officer, Alappuzha, to convene a conciliation conference of the Unions - the petitioners in W.P.(C)No.28534/08 and the 1st petitioner in W.P.(C) No.32800/07 and the representatives of the Civil Supplies Corporation, specifically for determining the wages that are payable to the workers for the articles that are loaded and unloaded in the depot at Ambalapuzha. The contentions of the 1st petitioner in W.P.(C)No.32800/07 that charges, in excess of what is agreed upon, are being realised and the contention of the Unions that the earlier revision had taken place in 1997 shall be kept in mind by the District Labour Officer. He shall specify what is fixed as wages. The same shall be paid by the dealers and nothing in excess shall be realised by the Unions. The District Labour Officer shall W.P.(C).NO.32800/07 & con. case :: 6 :: also take into account the rates notified. Fresh orders shall be passed by the District Labour Officer in this regard within two months from the date of receipt of a copy of this judgment. The interim order passes in W.P.(C) No.32800/07 shall continue till the District Labour Officer passed an order insofar as the members of the petitioner association concerned and the rate fixed as per Ext.P2 shall prevail in respect of the other retail dealers, till such orders are passed. Applications for refund, by the concerned Ration Dealers, for the price of rationed articles not supplied, shall be dealt with by the competent authority, as and when such applications are filed. Sd/- (V.GIRI) JUDGE sk/ //true copy//