IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 WP(C).No. 21151 of 2009(L) -------------------------- PETITIONER(S): --------------- M/S.OCEANUS DWELLINGS (P) LTD., HAVING ITS REG.OFFICE AT NO.297, IST FLOOR, IST CROSS, 7TH MAIN, BTM LAYOUT, BANGALORE & BRANCH OFFICE AT 2ND FLOOR, SAN ROCK TOWERS, NH-47, SRIKARYAM, THIRUVANANTHAPURAM - 695 017, REP. BY ITS PRINCIPAL OFFICER & AUTHORISED SIGNATORY BY ADV. SRI.G.P.SHINOD RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM 2. THE SUB INSPECTOR OF POLICE, KAZHAKKOOTTAM, THIRUVANANTHAPURAM 3. CITU, KURISHADI UNIT, REPRESENTED BY ITS CONVENER, THUNDATHIL, KARIAVATTOM P.O., THIRUVANANTHAPURAM 4. AITUC, PULLANGIVILA UNIT, REPRESENTED BY ITS CONVENER, THUNDATHIL, KARIAVATTOM P.O., THIRUVANANTHAPURAM 5. INTUC, PULLANGIVILA UNIT, REPRESENTED BY ITS CONVENER THUNDATHIL, KARIAVATTOM P.O., THIRUVANANTHAPURAM 6. THE DISTRICT LABOUR OFFICER, OFFICE OF THE DISTRICT LABOUR OFFICER, THIRUVANANTHAPURAM 7. THE ASSISTANT LABOUR OFFICER, 2ND CIRCLE, KAZHAKUTTOM, THIRUVANANTHAPURAM BY ADV. SRI.M.RAJAGOPALAN NAIR FOR R3 BY GOVT. PLEADER SRI.P.A.SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO.21151 OF 2009 EXT.P1 A TRUE COPY OF THE PETITION SUBMITTED BEFORE THE SECOND RESPONDENT BY THE PETITIONER. //TRUE COPY// P.A. TO JUDGE. P.R.RAMAN & P.BHAVADASAN, JJ. ------------------------------- W.P.(C) No.21151 of 2009 ------------------------------- Dated this the 31st July, 2009 J U D G M E N T Raman, J. The petitioner is engaged in the business of construction of flats, at present at Pangappara Village. He has got his own permanent workmen. At the same time, he is prepared to engage the required workers from the party respondents for loading and unloading work. But his present problem is that because of the inter rivalry union dispute, he is not able to do the work. 2. We have issued notice and party respondents have entered appearance. Third respondent has produced before us a decision rendered by the 7th respondent, Assistant Labour Officer, who is the competent authority under the Act, resolving the dispute and certifying that third respondent's unit is the authorized unit for doing the loading and unloading work in the W.P.(C) No.21151 of 2009 2 area in question. If so, the members of that union having registration be engaged by the petitioner and no obstruction shall be caused by other unions in the party array. The police will give necessary protection to the petitioner in case of such obstruction. 3. However, in case, the other party respondents have got a case that the said decision is taken by the 7th respondent without hearing them, or, if they are otherwise aggrieved by such decision, it is open to them to prefer an appeal or such other proceedings challenging the decision of the 7th respondent. The present order will continue in force, unless the order passed by the 7th respondent is altered or modified in any other legal proceedings and thereafter subject to such decision, that may be taken by that authority. The writ petition is disposed of as above. P.R.RAMAN, JUDGE P.BHAVADASAN , JUDGE. nj.