IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 WP(C).No. 5647 of 2008(V) ------------------------- PETITIONER: ------------- K.V.UMMUSALMA, WIDOW OF ESSA HAJI, RESIDING AT KODUVAZHACKAL VEEDU, KOTTAPPURAM P.O., OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU RESPONDENTS: ----------------- 1. THE REVENUE DIVISIONAL OFFICER, OTTAPPALAM, PALAKKAD. 2. THE SUB INSPECTOR OF POLICE, SREEKRISHNAPURAM POLICE STATION, PALAKKAD. 3. THE HEADLOAD WORKERS UNION (C.I.T.U.), REPRESENTED BY ITS SECRETARY, KOTTAPPURAM UNIT, OTTAPPALAM TALUK, PALAKKAD DISTRICT. 4. THE HEADLOAD WORKERS UNION (I.N.T.U.C.), REPRESENTED BY ITS SECRETARY, KOTTAPPURAM UNIT, OTTAPPALAM TALUK, PALAKKAD DISTRICT. 5. THE HEADLOAD WORKERS UNION (S.T.U.), REPRESENTED BY ITS SECRETARY, KOTTAPPURAM UNIT, OTTAPPALAM TALUK, PALAKKAD DISTRICT. ADV. SRI.MANSOOR.B.H. FOR R3 TO 5 SRI.K.HARIDASAN (PATTAMBI) FOR R3 TO 5 SMT.SEENA.C. FOR R3 TO 5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.5647/08 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT DATED 8.2.08. EXT.P2: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE SECOND RESPONDENT DATED 8.2.08. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. --------------------------------------------------------------- W.P.(C)No.5647 OF 2008 ------------------------------------------------------------------ DATED THIS THE 16th DAY OF OCTOBER, 2008 J U D G M E N T Balakrishnan Nair, J. This Court after hearing both sides passed an interim order in this Writ Petition on 25.2.2008, granting protection to the petitioner. As mentioned in that order, the trade unions, respondents 3 to 5 may pursue their claim for work under the petitioner before the statutory authorities under the Kerala Head Load Workers Act. In that event, the said authority shall decide the matter in accordance with law, uninfluenced by the earlier order of this Court or the present judgment. If any order in favour of the workmen is passed by the statutory authorities, and as long as the said order is remaining in force, the petitioner will have to implement it and the police shall not extend any protection to the petitioner to violate that order. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. dsn