IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 WP(C).No. 28045 of 2009(A) -------------------------- PETITIONER(S): ------------------------- M/S.SILA FOUNDATIONS AND STRUCTURES, DOOR NO.37/474, TEMPLE ROAD, KADAVANTHRA, KOCHI-682 020, REPRESENTED BY ITS PARTNER SHRI.SHYNU KUMAR P.K. BY ADV. SRI.S.EASWARAN SRI.P.MURALEEDHARAN (IRIMPANAM) SRI.M.A.AUGUSTINE RESPONDENT(S): --------------------------- 1. THE CIRCLE INSPECTOR OF POLICE, VAIKOM ROAD, TRIPUNITHURA. 2. THE SUB INSPECTOR OF POLICE, AMBALAMEDU POLICE STATION, KARIMUGAL. 3. C.I.T.U.PINARMUNDA, REPRESENTED BY ITS GENERAL SECRETARY, SHRI.M.K.KRISHNANKUTTY RESIDING AT MAITHONIMUGAL, PINARMUNDA, PERINGALA POST, KUNNATUNADU VILLAGE. 4. A.I.T.U.C., PINARMUNDA, REPRESENTED BY ITS GENERAL SECRETARY, C.M.NAZER, RESIDING AT KONDAPALLY HOUSE, PINARMUNDA, PERINGALA POST, KUNNATHUNADU VILLAGE. 5. BHARATHIYA MAZDOOR SANGH, REPRESENTED BY ITS MEKHALA VICE PRESIDENT SHRI.M.V.RAJAN, PERUMBAVOOR MEKHALA SAMITHI, RESIDING AT MANAKKEKARA, PINARMUNDA PERINGALA POST, KUNNATHUNADU VILLAGE, KUNNATHUNADU TALUK. 6. I.N.T.U.C., PINARMUNDA, REPRESENTED BY ITS GENERAL SECRETARY, C.I.SULAIMAN, RESIDING AT PEEDIKAYIL HOUSE, PINARMUNDA, P.O.PERINGALA, KUNNATHUNADU TALUK. BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS ADV. SRI.K.SHRIHARI RAO FOR R5 SMT.N.SHOBHA FOR R5 SRI.PAUL K.VARGHESE FOR R2, 3 TO 6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 28045 of 2009(A) APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF BUILDING PERMIT DATED 5/9/2008 ISSUED BY THE KUNNATHUNADU GRAMA PANCHAYATH EXT.P2. COPY OF WORK ORDER DATED 3/6/2009 ISSUED BY M/S.ALLIANCE HABITAT REAL ESTATE INDIA PRIVATE LIMITED TO THE PETITIONER EXT.P3. COPY OF PETITION DATED 7/7/2009 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT WITH COPY TO THE SECOND RESPONDENT AND OTHERS EXT.P4. COPY OF JUDGMENT DATED 23/7/2009 IN W.P.(C).NO.19865 OF 2009. /TRUE COPY/ PA TO JUDGE KURIAN JOSEPH & C.T.RAVIKUMAR,JJ ------------------------------------------ W.P.(C). No.28045 of 2009 -------------------------------- Dated this the 15th day of October,2009 JUDGMENT Kurian Joseph.J The Writ petition is filed with the following prayer:- “a. issue a writ of mandamus or other appropriate writs, directions or orders compelling the respondents 1 and 2 to afford adequate police protection to the petitioner and their employees for the completion of the piling work undertaken by them as per Exhibit P2 without any hindrance from respondents 3 to 6 and their members. b. issue a writ of mandamus or other appropriate writs, directions or orders restraining respondents 3 to 6 and their members from obstructing the piling work of the petitioner undertaken by them as per Exhibit P2 in the work site of M/s.Alliance and Habitat Real Estate (India) Private Limited at Alliance Green Mount multi- storied residential apartment site at Pallimugal”. 2. The learned counsel appearing for the union submits that the petitioner does not have regular workers and the veiled motive is only to deny work to the members of the union. Placing reliance on the Ext.R5(a) order passed by this court it is submitted that the workmen from the union are to be engaged. The petitioner has filed an affidavit stating the W.P.(C). No.28045 of 2009 2 details of workmen engaged by the petitioner for piling works. 3. In Ext.R5(a) order this court made it clear that, “Of course, specialized workmen in piling work can be brought by the petitioners. But, for doing the other works which can be done using the ordinary workmen, the petitioners may engage workmen from among those persons, who assemble in the work site without being guided by the dictates of any Trade Union in the matter of any recruitment.The workmen so engaged by the petitioner can join any Union or they can remain without affiliation to any Trade Union”. In view of the above guidance already given by the Division Bench, the writ petition is disposed of with the following directions. For piling work it will be open to the petitioner to engage his own workmen. For other works, from among those persons who assemble in the work site, without being guided by the dictates of any trade union, the petitioner will be free to engage. 4. In case of any obstruction to workout the order as above, there will be a direction to the first and second respondent to render necessary protection. KURIAN JOSEPH, JUDGE C.T.RAVIKUMAR,JUDGE ssn W.P.(C). No.28045 of 2009 3 ssn