IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 WP(C).No. 27513 of 2011(L) -------------------------- PETITIONER(S): --------------- 1. TRIVANDRUM DIST. HEAD LOAD & GENERAL WORKERS JANATHA(HMS)REG.NO.01-32-92 J.P.BHAVAN, PALAYAM,THIRUVANANTHAPURAM REP. BY ITS GENERAL SECRETARY S. MANOHARAN, RESIDING AT REVATHY NIVAS, VALIYA VILAKAM, KAZHAKKOOTTAM.P.O., TRIVANDRUM. 2. TRIVANDRUM HEADLOAD AND CASUAL LABOURS UNION(INTUC) (I) REG. NO.218/77 AMBALATHINKARA KAZHAKKOOTTAM.P.O., THIRUVANANTHAPURAM REP. BY ITS PRESIDENT R.ASOKAN, RESIDING AT UTHRADAM NEAR FCI, KAZHAKKOOTTAM.P.O.,TRIVANDRUM. 3. THIRUVANANTHAPURAM JILLA HEADLOAD AND GENERAL WORKERS UNION(CITU) AMBALATHINKARA UNIT REP. BY ITS CONVENOR S. BIJU, RESIDING AT VARUVILAKATH VEEDU, AMBALATHINKARA, KAZHAKKOOTTAM.P.O., TRIVANDRUM. BY ADV. SRI.THOMAS ABRAHAM SMT.MERCIAMMA MATHEW SRI.K.S.HARIDAS SRI.V.RENJITH KUMAR RESPONDENT(S): --------------- 1. DISTRICT SUPERINTENDENT OF POLICE, TRIVANDRUM(RURAL) TRIVANDRUM-695001. 2. CIRCLE INSPECTOR OF POLICE, KAZHAKKOOTTAM. 3. SUB INSPECTOR OF POLICE, KAZHAKKOOTTAM. 4. UNIVERSITY ENGINEER, UNIVERSITY OF KERALA, KARIYAVATTOM, TRIVANDRUM. 5. DISTRICT LABOUR OFFICER, TRIVANDRUM DISTRICT, TRIVANDRUM-695001. 6. SRI. SUSEELAN, CONVENOR, HEALD AND GENERAL WORKERS UNION CITU KURUSSADI UNIT, RESIDING AT VADAKKUMKARA VEEDU, ULLORKONAM KAZHAKKOOTTAM.P.O. KAZHAKKOOTAM, TRIVANDRUM. 7. SRI. V. MOHANAN, CONVENOR, THIRUVANANTHAPURAM JILLA CHUMATTUTHOZHILALI CONGRESS INTUC KURISSADI UNIT, RESIDING AT KUMIZHIKKARA VEEDU, KAZHAKKOOTTAM.P.O., KAZHAKKOOTTAM, TRIVANDRUM. 8. ADDL.R8- THE HEADLOAD WORKERS WELFARE BOARD, REPRESENTED BY THE DISTRICT EXECUTIVE OFFICER, THIRUVANTHAPURAM (ADDL.R8 SUO MOTU IS IMPLEADED AS PER ORDER DATED 18.10.2011 IN WP(C). ADV. SRI;GOPALAKRISHNAKURUP SR.ADV. FOR R4 SRI.KOSHY GEORGE FOR ADDL.R8 SRI.KOSHY GEORGE FOR ADDL R8 SRI.GOPAKUMAR R.THALIYAL FOR R6,7 SRI.M.S.VIJAYACHANDRAN BABU FOR R6,7 SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. FOR R4 SRI.GEORGE POONTHOTTAM,SC,KERALA UTY. FOR R4 BY GOVT.PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.27513/2011 APPENDIX PETITIONERS EXHIBITS; EXT.P1. COPY OF THE SAMPLE IDENTITY CARD. EXT.P2: COPY OF THE ROUGH SKETCH SHOWING THE AREAS OF OPERATION OF BOTH THE UNIONS. EXT.P3: COPY OF THE REPRESENTATION DATED 4/10/2011 SUBMITTED BEFOARE THE DISTRICT LABOUR OFFICER TRIVANDRUM. EXT.P4: COPY OF THE COMPLAINT DATED 4/10/2011 SUBMITTED BEFORE THE POLICE OFFICIALS. RESPONDENTS EXHIBITS: EXT.R6(A) : COPY OF THE ORDER ISSUED BY THE 5TH RESPONDENT DATED 29/10/2001. EXT.R6(B): COPY OF THE ORDER DATED 21/1/2002. EXT.R6(C); COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN O.P. NO. 7351/2002 DATED 3/4/2002. EXT.R6(D) : COPY OF THE IDENTITY CARDS ISSUEDTO THE MEMBERS OF RESPONDENTS 6 AND 7 UNIONS. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ W.P.(C) NO. 27513 OF 2011 ------------------------ Dated this the 7th day of December, 2011 JUDGMENT Pius C.Kuriakose, J. The learned senior Government Pleader Sri.M.K.Aboobacker submits that the dispute between the petitioners union and the unions led by respondents 6 and 7, as to who all workers have the entitlement to do the work in connection with the construction of the stadium , is presently being considered by the District Labour Officer. We dispose of this writ petition directing the 5th respondent to expedite matters and take a decision on the issue at the earliest after hearing the petitioners as well as respondents 6 and 7. Needful pursuant to this direction shall be done by the 5th respondent at any rate within one month of receiving a copy of this judgment. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk W.P.(C) No. /2011 2