IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 WP(C).No. 30007 of 2011(A) -------------------------------- PETITIONER(S): ------------------ SUNNY VARGHESE, AGED 50 YEARS, S/O. VARKEY, MUKALEL VEEDU, UPUTHARA, IDUKKI DISTRICT. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.S.PRAVEEN RESPONDENT(S): ------------------- 1. THE SUB INSPECTOR OF POLICE, PEERUMEDU POLICE STATION, IDUKKI DISTRICT-685531. 2. DAVID, CONVENER, CENTRE OF INDIAN TRADE UNION (CITU), HELIBURIA ESTATE, KILIPADI, ELAPPARA.P.O., IDUKKI DISTRICT-685501. 3. ANPAZHAKAN, CONVENER, INDIANNATIONAL TRADE UNION CONGRESS (INTUC) HELIBURIA ESTATE, ELAPPAR.P.O., PEERUMEDU TALUK, IDUKKI DISTRICT-685501. 4. RAJESH, CONVENER, INDIAN NATIONAL TRADE UNION CONGRESS(INTUC), HELIBURIA ESTATE, CHITTIPURALAYAM, ELAPPARA.P.O., IDUKKI DISTRICT-685501. 5. THE ASSISTANT LABOUR OFFICER, PEERUMEDU, IDUKKI DISTRICT-685531. ADV. SRI.BIJU .C. ABRAHAM FOR R2-4 SR. GOVT. PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30007 of 2011(A) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE LETTER DT.10/06/11 EXT.P2:- TRUE COPY OF THE PERMISSION GRANTED BY THE FOREST RANGE OFFICER, DT.20/07/11 EXT.P3:- TRUE COPY OF THE REPRESENTATION DT. 08/11/11 SUBMITTED TO THE 1ST RESPONDENT. RESPONDENTS EXTS EXT.R2(a):- TRUE COPY OF THE RULE 26A REGISTRATION CARD IN RESPECT OF THE 2ND RESPONDENT. EXT.R2(b):- TRUE COPY OF THE RULE 26A REGISTRATION CARD IN RESPECT OF THE 3RD RESPONDENT. EXT.R2(c):- TRUE COPY OF THE RULE 26A REGISTRATION CARD IN RESPECT OF THE 4TH RESPONDENT. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ W. P. C. No.30007 of 2011 ------------------------------------------------ Dated this the 24th day of November, 2011 JUDGMENT Pius C. Kuriakose, J Having considered the rival pleadings raised by the parties and the submissions addressed at the Bar by Sri.T.A.Unnikrishnan, the learned counsel for the petitioner and Sri.Biju C. Abraham, the learned counsel for the party respondents and also Sri.M.K.Aboobacker, the learned Senior Government Pleader we are convinced that the real dispute between the petitioner and respondent Nos.2 to 4 the Trade Union is over the wages payable to the members of the Trade Unions for the removal of the trees which are cut down from the petitioner's estate. According to us, if there is any dispute between the employer and the employees as to the wages payable by the employer to the employees for the work done by the employees such disputes are to be settled by the 5th respondent through conciliation proceedings. We W. P. C. No.30007 of 2011 -2- permit respondents 2 to 4 or any one of them to raise the dispute and approach the 5th respondent. If the 5th respondent receives any dispute formally raised by respondents 2 to 4 in respect of the wages payable by the petitioner within a period of 5 days of receiving a copy of this judgment, he will initiate conciliation proceedings as expeditiously as possible and try his best to see that the dispute is resolved. 2. The 1st respondent Sub Inspector of Police is directed to render requisite police protection to the petitioner for the purpose of removal of the trees which are already cut down subject to the payment of wages by the petitioner to the workers engaged by him at the rates to be arrived at in the conciliation proceedings to be initiated by the 5th respondent. In other words, the pendency of the conciliation proceedings shall not be the ground for declining the police protection. It is clarified that if in conciliation proceedings it is ultimately decided that rate higher than what the petitioner is presently paying is payable, the petitioner will W. P. C. No.30007 of 2011 -3- be liable to pay such higher rate or the difference in the rate paid and the rate payable. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE