IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 WP(C).No. 25810 of 2009(U) -------------------------- PETITIONER(S): --------------- V.K.SHAJI, SECRETARY, ASSOCIATION OF INDUSTRIES, INDUSTRIAL DEVELOPMENT PLOT, MANVILA, KULATHOOR P.O., TRIVANDRUM, RESIDING AT T.C.3/1157/(1), MANVILA, TRIVANDRUM. BY ADV. SRI.GOPAKUMAR R.THALIYAL RESPONDENT(S): --------------- 1. THE CHAIRMAN, KERALA HEAD LOAD WORKERS WELFARE BOARD, TRIVANDRUM DISTRICT COMMITTEE, VANCHIYOOR, TRIVANDRUM-35. 2. THE SECRETARY, CITU, MANVILA UNIT, MANVILA, TRIVANDRUM. 3. THE SECRETARY, INTUC, MANVILA UNIT, MANVILA, TRIVANDRUM. 4. THE SUB INSPECTOR OF POLICE, KAZHAKUTTAM POLICE STATION, KAZHAKUTTAM, THIRUVANANTHAPURAM. 5. THE CIRCLE INSPECTOR OF POLICE, KAZHAKUTTAM, THIRUVANANTHAPURAM. 6. THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM. ADV. SRI.KOSHY GEORGE, SC, KHLWWB FOR R1 SRI.ASOK M.CHERIAN FOR R2 & 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25810 of 2009(U) APPENDIX PETITIONER'S EXHIBITS: EXT.P1. LIST OF ASSOCIATION OF INDUSTRIES MEMBER UNITS IN INDUSTRIAL ESTATE, MANVILA EXT.P2. TRUE COPY OF THE JUDGMENT PASSED BY THIS HONOURABLE COURT IN O.P.NO.5833/1990 DATED 9/8/1990 EXT.P3. TRUE COPY OF THE NOTICE ISSUED BY THE FIRST RESPONDENT DATED 25/6/2008. EXT.P4. TRUE COPY OF REPLY DATED 23/7/2008. EXT.P5. TRUE COPY OF THE LETTER ISSUED BY THE FIRST RESPONDENT DATED 11/8/2008 EXT.P6. TRUE COPY OF THE JUDGMENT PASSED BY THIS HONOURABLE COURT IN W.P.(C).NO.25448/2008 DATED 25/2/2009. EXT.P7. TRUE COPY OF THE ORDER PASSED BY THE FIRST RESPONDENT DATED 29/7/2009. EXT.P8. TRUE COPY OF THE JUDGMENT PASSED BY THIS HONOURABLE COURT IN W.P.(C) NO.22466/2009 DATED 14/8/2009. EXT.P9. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 10/8/2009 EXT.P10. TRUE COPY OF THE FIR NO.433/2009 OF KAZHAKUTTAM POLICE STATION DATED 14/8/2009. EXT.P11. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT DATED 15/8/2009 EXT.P12. TRUE COPY OF THE NEWS PAPER REPORTS. EXT.P13. TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER DATED 18/8/2009. /TRUE COPY/ PA TO JUDGE KURIAN JOSEPH & C.T.RAVIKUMAR,JJ ------------------------------------------ W.P.(C). No.25810 of 2009 -------------------------------- Dated this the 14th day of October,2009 JUDGMENT Kurian Joseph.J Assistant Labour Officer,Kazhakuttam will stand impleaded as Addl.7th respondent and District Labour Officer, Thiruvananthapuram will stand imp leaded as Addl.8th respondent. Government pleader takes notice. The petitioner approached this court with the following prayer. “a. Issue a writ of mandamus or any other appropriate writ, direction or order directing the respondent 4 to 6 to afford adequate and effective police protection for the smooth functioning of the industrial establishments which are functioning of the industrial establishments which are members of the petitioner's association, and for doing the loading and unloading work by the permanent workers of these establishments and also from the threat and obstruction caused by the respondents 2 and 3 and their people. On 24/9/2009 we passed the following order :- “Petitioner and respondents 2 and 3 are present. It is not is dispute that since 1990, the loading and unloading works in the units affiliated to the petitioner Association are being carried out by the workers of the industrial units. However, it is the contention of respondents 2 and 3 that in view of the intervening developments including the change in law, the situation requires reconsideration. The W.P.(C). No.25810 of 2009 2 petitioner who is the Secretary of the Association submits that the respondents 2 and 3 and their henchmen have been taking law in their hands and they have been indulging in unlawful activities, causing physical harm to the employers as well as the workers. Having interacted with both sides and having heard the counsel on both sides, we feel that an attempt should be made for purchasing peace and for settling the issue once for all. Pursuant to the suggestions made by this court, the petitioner seeks two week's time to convene a meeting of the members of the Association to discuss on the possibilities of a settlement. Respondents 2 and 3, who are present before us submits that in view of the steps taken by this court, they will not purse their strike for the time being and they will not cause any obstruction for the loading and unloading activities in the units affiliated to the Association. The submissions on both sides are recorded. In the unlikely event of any violation in terms of the submissions, there will be a direction to the respondents 4 to 6 to afford effective and adequate protection for the smooth functioning of the units affiliated tO the Association of Industries for enabling those industries to carry out the works including loading and unloading of the goods”. 3. Today we are informed that Association was not in a position W.P.(C). No.25810 of 2009 3 to take a decision in favour of the workers. It is submitted that the association has already approached the Assistant Labour Officer. It is brought to your notice that Assistant Labour Officer, Kazhakuttam is in seizin of the matter. Hence it may not be proper to make any observation regarding the merits of the case. We direct the Assistant Labour Officer,Kazhakuttam and District Labour Officer to take decision in the matter with notice to the petitioner and respondents 1 to 3 within a period of one month from the date of production of the judgment along with copy of writ petition by either party. We make it clear that the Assistant Labour Officer, Kazhakuttam and District Labour Officer shall take the decision untrammelled by the observations contained in the order extracted above. We direct the petitioner and respondents 1 to 3 to co-operate with the steps taken by Addl.7th and 8th respondents. The interim arrangement as directed by order 24/9/2009 will continue till a decision is taken as above. KURIAN JOSEPH, JUDGE C.T.RAVIKUMAR,JUDGE ssn