IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 WP(C).No. 22516 of 2011(L) -------------------------- PETITIONER(S): --------------- P.K.CHEKKUTTY, S/O. PAREEKUTTY, PAYYANATTUTHODIHOUSE, VALILLAPUZHA.P.O., MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, AREACODE POLICE STATION,AREACODE.P.O.,MALAPPURAM DISTRICT-673639. 2. THE CIRCLE INSPECTOR OF POLICE, MANJERI POLICE STATION, MANJERI.P.O., MALAPPURAM DISTRICT-676121. 3. THE SUPERINTENDENT OF POLICE, MALAPPURAM-676505. 4. SIDDIQUE KORAMBAYIL, S/O.KUNHAMMU, KINARADAPPAN, VELLILAPPARA.P.O., AREACODE,MALAPPURAM DISTRICT-673639. 5. GIREESH VENGALAVAN, S/O. CHOOLAN, OTTATHARANI, VELLILAPPARA.P.O., AREACODE,MALAPPURAM DISTRICT-673639. 6. SREEKRISHNAN PAYANGARA, S/O. CHATHANKUTTY, URANGATTI.P.O., AREACODE,MALAPPURAM DISTRICT-673639. 7. ABU MEEMBATTA, S/O.MUHAMMED, PALATHARA HOUSE, URANGATTIRI.P.O., AREACODE,MALAPPURAM DISTRICT-673639. 8. SUNIL MUKKANDAN, S/O. PATHUMMA, PERULI, VELLIPPARA.P.O., AREACODE,MALAPPURAM DISTRICT-673639. 9. ARSHAD, S/O. ABUNNI, KOYILANDY HOUSE, KANARADAPPAN, VELLILAPPARA.P.O., AREACODE,MALAPPURAM DISTRICT-673639. 10. JASSIN, S/O. ALI, PUTHANPARAMBIL HOUSE, VELLILAPPARA.P.O., AREACODE,MALAPPURAM DISTRICT-673639. 11. BABU THODIYIL, S/O. CHATHU, EDAKKATTUPARAMBU, VELLILAPPARA.P.O., AREACODE,MALAPPURAM DISTRICT-673639. 12. THE SECRETARY, KERALA HEADLOAD WORKERS UNION(CITU), AREACODE,MALAPPURAM DISTRICT-673639. 13. THE PRESIDENT, KERALA HEADLOAD WORKERS UNION(I.N.T.U.C.), AREACODE,MALAPPURAM DISTRICT-673639. 14. THE ASSISTANT LABOUR OFFICER, KONDOTTY. (ADDL. R14 IS SUO MOTU IMPLEADED AS PER ORDER DATED 26/8/201) ADV. SRI.P.VENUGOPAL (1086/92) FOR R4,5,6,10,11 BY GOVT.PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LICENSE DATED 25/7/2011 ISSUED BY THE SECRETARY, URANGATTIRI GRAMA PANCHAYAT. EXT.P2: COPY OF THE CONSENT TO OPERATE THE QUARRY ISSUED BY THE ASSISTANT ENVIRONMENTAL ENGINEER, KERALA POLLUTION CONTROL BOARD DATED 8/4/2010. EXT.P3: COPY OF THE LICENSE DATED 13/1/2010 ISSUED BY THE ADDITIONAL DISTRICT MAGISTRATE, MALAPPURAM IN FAVOUR OF THE PETITIONER. EXT.P4: COPY OF THE APPLICATION DATED 8/2/2011 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT MAGISTRATE, MALAPPURAM. EXT.P5; COPYOF THE QUARRYING PERMIT DATED 6/8/2010 ISSUED BY THE GEOLOGIST IN FAVOUR OF THE PETITIONER. EXT.P6: COPY OF THE COMPLAINT DATED 1/8/2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P6(A) COPY OF THE COMPLAINT DATED 1/8/2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P6(B): COPY OF THE COMPLAINT DATED 1/8/2011 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P7: COPY OF THE RECEIPT DATED 5/8/2011 AND 2/8/2011 ISSUED BY RESPONDENTS 1 AND 2. EXT.P8: COPY OF THE ACKNOWLEDGEMENT CARD FOR HAVING RECEIVED EXT.P6(B) EXT.P9: COPY OF THE PRESCRIPTION ISSUED BY DR. KADER MUNEER, CONSULTANT CARDIOLOGIST, MEDICAL COLLEGE HOSPITAL, KOZHIKODE. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No.22516 OF 2011 ------------------------ Dated this the 26th day of August, 2011 JUDGMENT Abdul Rehim, J. The petitioner is conducting a quarry in Survey No.8/2 of Vettilappara Village, Ernad Taluk in Malappuram District. According to the petitioner, the quarry is being conducted on the strength of obtaining all required licences, permissions and consents obtained from the various authorities concerned. It is stated that the petitioner is exclusively using 'Excavator' for the purpose of loading the blasted rocks, into the tipper lorries and he does not require any manual labourers for carrying out such works. Grievance of the petitioner is that the respondents 4 to 11 are causing physical obstructions to the loading works being done using the mechanical device claiming that they along with members of respondents 12 and 13 should be engaged for doing WPC.No.22516/2011 2 such works. It is stated that the respondents are using their mussel power and political power and creating threat to cause damage to the machinery as well as threat to the lives of the petitioner and his workers. Under the above mentioned circumstances, the petitioner submitted Ext.P6 and P6(a) complaints to respondents 1 to 3. Since no effective steps are taken to afford protection to the works, this writ petition is filed. 2. Learned counsel appearing for respondents 4,5,6, 10 & 11 submitted that the respondents 4 to 11 along with some other persons are the permanent workers in the quarry of the petitioner, for the last more than 10 years. It is also alleged that the petitioner was doing illegal quarrying till recently and the consents and permissions were obtained only very recently. It is contended that the petitioner is denying employment to respondents 4 to 11 and others, under the guise of using the Excavator for the purpose of loading. 3. It is brought to our notice that the respondents 4 to 11 have raised a dispute before the Additional 14th respondent, with respect to the illegal denial of employment. It is further stated that the Additional 14th respondent had already initiated a WPC.No.22516/2011 3 conciliation proceedings. According to the respondents, some of the workers now denied with employment, are having registration under Rule 26 A of the Kerala Headload Workers Rules. 4. Considering the facts and circumstances as narrated above, and the rival contentions raised on both sides, we notice that the petitioner cannot not be restrained from using mechanised device for loading works. The respondents 4 to 13 or anybody else have no manner of right to obstruct such usage. It is further noticed that, if respondents 4 to 11 or any others have got any claim regarding denial of employment, they are entitled to pursue appropriate remedy before the competent labour authorities. 5. Under such circumstances, we hereby issue directions to respondents 1 and 2 to take steps to avert physical obstruction if any caused to the work of the petitioner being done by usage of mechanical device and to afford protection to the smooth conduct of such works. 6. However, we make it clear that the above direction will not stand in the way of the respondents pursuing the dispute WPC.No.22516/2011 4 already raised before the additional 14th respondent. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk