IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE ACTING CHIEF JUSTICE MR. KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 WP(C).No. 7755 of 2009(L) ------------------------- PETITIONER(S): --------------- 1. NIRMAN ENGINEERS, DOOR NO.495/39, TRIPTHI LANE, PANAMPILLI NAGAR, COCHIN 682 O16, A PARTNERSHIP FIRM, REPRESENTED BY MANAGING PARTNER SHRI.NOBLE.K.JOHN. 2. ABAD BUILDERS (P) LTD., ABAD PLAZA BUILDING, M.G.ROAD, COCHIN- 681 011. BY ADV. SRI.C.K.KARUNAKARAN RESPONDENS: --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE STATION HOUSE OFFICER, PATTIMATTOM POLICE STATION, ERNAKULAM DISTRICT. 3. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 4. THE DISTRICT LABOUR OFFICER, ERNAKULAM. 5. ERNAKULAM JILLA KETTIDA NIRMANA THOZHILALI UNION (CITU), KIZHAKKAMBALAM, ERNAKULAM DISTRICT, PIN 683 562, REPRESENTED BY SECRETARY. 6. THE DISTRICT CONSTRUCTION WORKERS UNION KIZHAKKAMBALAM, ERNAKULAM DISTRICT, PIN 683 562, REPRESENTED BY SECRETARY. WP(C).No. 7755 of 2009(L) 7. THE ERNAKULAM DISTRICT CONSTRUCTION AND GENERAL WORKERS UNION (AITUC), KIZHAKKAMBALAM, ERNAKULAM DISTRICT, PIN 683 652, REPRESENTED BY SECRETARY. BY GOVERNMENT PLEADER SMT.MEERA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7755 of 2009(L) APPENDIX PETITIONERS' EXHIBITS: EXT.P1: TRUE COPY OF PETITION DATED 4-3-2009 BEFORE THE 2ND RESPONDENT. EXT.P1A: TRUE COPY OF ACKNOWLEDGEMENT DATED 4-3-2009. EXT.P2. TRUE COPY OF THE PETITION DATED 6-3-2009 ADDRESSED TO OTHE 4TH RESPONDENT. EXT,P3. TRUE COPY OF INTERIM ORDER DATED 30-9-2008 IN W.P.C.NO.28490/2008. / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH, Ag.C.J. & S.S.SATHEESACHANDRAN, J. ------------------------------------------------- W.P.(C)No.7755 of 2009 -------------------------------------------------- Dated this the 16th day of March, 2009 JUDGMENT Kurian Joseph, Ag.C.J. As admitted in Ext.P3, there is a dispute among the Unions also. Petitioners may notify a date on which the work is proposed to be commenced and they may receive applications from the local workmen who are assembled there for engaging them as per the requirement of the petitioners. In case there are more number of workmen present than the requirement, the petitioners may draw lots and select the required number of workmen. If the petitioners have engaged those workmen thus selected and in case there is an obstruction there will be a direction to the second respondent to afford necessary protection to the petitioners for the conduct of the work by the selected workmen. Learned Government Pleader submits that there is also a grievance with regard to the increase in wages. That is a matter for the workmen to pursue with the 4th respondent. The writ petition is disposed of as above. (KURIAN JOSEPH, Ag.Chief Justice) (S.S.SATHEESACHANDRAN, Judge) ahg. KURIAN JOSEPH, Ag.C.J. & S.S.SATHEESACHANDRAN, J. --------------------------- W.P.(C)No.7755 of 2009 ---------------------------- JUDGMENT 16th March, 2009