IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 WP(C).No. 30211 of 2008(V) -------------------------------------- PETITIONER(S): ---------------------- ABDUL JALEEL.P.P, DIRECTOR, METRO INTERNATIONAL CARDIAC CENTRE PVT. LTD., PALAZHI, KOZHIKODE. BY ADV. SRI.R.RAMADAS RESPONDENT(S): ------------------------- 1. THE ASSISTANT COMMISSIONER OF POLICE, KOZHIKODE. 2. CIRCLE INSPECTOR, CHERUVANNUR, KOZHIKODE. 3. THE SUB INSPECTOR OF POLICE, NADAKKAVU, KOZHIKODE. 4. THE ASST. LABOUR OFFICER, FEROKE, KOZHIKODE DISTRICT. 5. THE KOZHIKODE DISTRICT HEADLOAD AND GENERAL WORKERS' UNION (INTUC) REG. NO.1220/97, A.F NO. 10844, PALAZHI, BYPASS ROAD, KOZHIKODE, REPRESENTED BY ITS SECRETARY. SR. GOVERNMENT PLEADER SRI.BENAJAMIN PAUL FOR R1 TO R4. ADV. SRI.P.P.JACOB FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 30211/2008-V APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REPRESENTATION DATED 05/10/2008 BEFORE THE 2ND RESPONDENT. EXT.P2: COPY OF THE REPRESENTATION DATED 05/10/2008 BEFORE RESPONDENTS 1 TO 3. EXT.P3: COPY OF THE PROCEEDINGS DATED 04/10/2008 OF THE 4TH RESPONDENT. EXT.P4: COPY OF THE IDENTITY CARD REGISTRION NO.11-01-3774/08, EXT.P5: COPY OF THE -DO- -DO- NO.11-01-3775/08. EXT.P6: COPY OF THE -DO- -DO- NO.11-01-3776/08. EXT.P7: COPY OF THE -DO- -DO- NO.11-01-3777/08. EXT.P8: COPY OF THE -DO- -DO- NO.11-01-377/8/08. RESPONDENT'S EXHIBITS: EXT.R5(a): COPY OF THE AGREEMENT EXECUTED BY THE RESPONDENT WITH THE PETITIONER. //TRUE COPY// P.A. TO JUDGE Rs/ K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------------------- W.P.(C)No.30211 OF 2008 V ----------------------------------------------------- DATED THIS THE 22nd DAY OF OCTOBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner is the Director of 'Metro International Cardiac Centre', which is a hospital project at Palazhi, Kozhikode. The construction of the building for housing the hospital is going on. The petitioner submits, he was doing the loading/unloading of building materials using his own workmen. It is not a scheme covered area. While so, the workmen under the leadership of the 5th respondent union on 5.10.2008 trespassed into his work site and claimed loading/unloading work for them and obstructed the loading/unloading work done by the petitioner's workmen. Feeling aggrieved by the said highhanded actions of the members of the 5th respondent, the petitioner filed Exhibit P1 representation before the Circle Inspector of Police and Exhibit P2 representation before the Assistant Commissioner of Police and others. Alleging that the police did not extend any helping hand, this Writ Petition is filed. 2. The 5th respondent has filed a counter affidavit stating W.P.(C)No.30211/08 -2- that members of that respondent were doing loading/unloading work in the work site of the petitioner. There was some dispute regarding the rate for unloading steel brought to the work site. The petitioner wants to engage workmen at lower rates of wages. So, to deny employment to the members of the 5th respondent and to engage fresh workmen, this Writ Petition is filed, it is submitted. 3. The petitioner has filed a reply affidavit denying the allegations of the petitioner. He has also produced Exhibit P3 proceedings issuing Exhibits P4 to P8 identity cards to his workmen for doing the loading/unloading work in his establishment. A reading of Exhibit P3 would show that upon enquiry by the Assistant Labour Officer, it was found that the applicants for Exhibits P4 to P8 identity cards were doing the loading/unloading work in the petitioner's establishment and there were no local workmen who were engaged for that purpose. 4. From Exhibit P3, prima facie, it would appear that the petitioner was engaging hitherto his own workmen to do the loading/unloading work. We do not propose to express any final opinion on that. But, we are inclined to extend necessary protection to the petitioner to do the loading/unloading work in his work site using W.P.(C)No.30211/08 -3- the workmen covered by Exhibits P4 to P8 identity cards issued under Rule 26A of the Kerala Head Load Workers Rules. The claim of the 5th respondent that its members are denied employment and fresh workmen are being inducted is kept open. The 5th respondent may move the statutory authorities and establish its claim. The workmen may, if so advised, work out their remedies against Exhibit P3 also. If the claim of the 5th respondent is upheld, the petitioner will be bound to engage the members of the 5th respondent. As things stand now, if any obstruction is caused to the workmen covered by Exhibits P4 to P8 identity cards, the petitioner may inform the 3rd respondent. In that event, the 3rd respondent shall remove the obstruction. The statutory authorities will be free to consider the claim of the 5th respondent, uninfluenced by any observation made by us in the judgment. The direction to grant protection will be subject to any orders of the statutory authorities. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. dsn