Kerala High Court
Ks Binu vs Kerala Paper Products Limited on 4 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 11375 OF 2024
PETITIONER:
KS BINU, AGED 49 YEARS
S/O SASIDHARAN, SREEKRISHNA VILASAM, CHOZHIYAKODE PO,
ARIPPA, KOLLAM, PIN - 691001
VINOY VARGHESE KALLUMOOTTILL
ROJA R.
RESPONDENTS:
1 KERALA PAPER PRODUCTS LIMITED
REPRESENTED BY ITS MANAGING DIRECTOR, NEWSPRINT NAGAR,
KOTTAYAM, PIN - 686616
2 THE DIVISIONAL FOREST OFFICER
OFFICE OF THE DIVISIONAL FOREST OFFICER, PALODE,
THIRUVANANTHAPURAM, PIN - 695562
3 ASSISTANT LABOUR OFFICER
VARKALA, THIRUVANANTHAPURAM, PIN - 695141
4 THE CIRCLE INSPECTOR
PALLICKAL POLICE STATION, PALLICKAL,
THIRUVANANTHAPURAM, PIN - 695604
5 THE STATION HOUSE OFFICER
PALLICKAL POLICE STATION, PALLICKAL,
THIRUVANANTHAPURAM, PIN - 695604
6 THE SECRETARY
CITU (HEAD LOAD WORKERS), MADAVOOR PANCHAYATH
COMMITTEE, MADAVOOR, THIRUVANANTHAPURAM, PIN - 695602
7 THE SECRETRARY, AITUC (HEAD LOAD WORKERS), MEGHALA
COMMITTIE, MADAVOOR, THIRUVANANTHAPURAM, PIN - 695602
8 THE PRESIDENT, INTUC (HEAD LOAD WORKERS),
REGIONAL COMMITTEE, VARKALA, MADAVOOR,
THIRUVANANTHAPURAM - 695602
WP(C) NO. 11375 OF 2024
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9 HASEENA RAHIM, AGED 49 YEARS
W/O RAHIM, MEHANSARA MANZIL, PULIYURKONAM PO,
THIRUVANANTHAPURAM, PIN - 695604
10 SHUJAHI, AGED 50 YEARS
S/O MUHAMMAD KASSIM, MALAYINKUNNAM PUTHENVEEDU,
ILABRAKODU, PALLICKAL PO, THIRUVANANTHAPURAM, PIN
- 695604
11 SUDHEER, AGED 48 YEARS
S/O IISKUNJU, VETTAKATTUKONAM, PULIYURKONAM PO,
THIRUVANANTHAPURAM, PIN - 695604
BY ADVS.
VINOD PV
Varghese Sabu
T. Rajasekharan Nair
D.REETHA(K/1069/2003)
SRI.SHIYAS K.R. FOR R1,
SRI.P.M.SHAMEER, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.04.2024, ALONG WITH WP(C).13078/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11375 OF 2024
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 13078 OF 2024
PETITIONERS:
1 SAJEEBKHAN A, AGED 52 YEARS
S/O.ALYARKUNJU, CHARUVILA PUTHEN VEEDU,
VETTAKKATTUKONAM, PULIYORKONAM P.O., MADAVOOR,
THIRUVANANTHAPURAM, PIN - 695604
2 NISSAMUDEEN, AGED 46 YEARS
S/O.MAJEED, NOUSHAD MANZIL,VETTAKKATTUKONAM,
VETTAKKATTUKONAM, PULIYORKONAM P.O., MADAVOOR,
THIRUVANANTHAPURAM, PIN - 695604
3 SURENDRAN PILLAI N, AGED 56 YEARS
S/O.SUKUMARA PILLAI, CHARUVILAPUTHEN VEEDU,
ARUKAYIRAM, PULIYORKONAM P.O., MADAVOOR,
THIRUVANANTHAPURAM, PIN - 695604
4 SHIJU M., AGED 40 YEARS, S/O.MUHAMMAD IBRAHIM,
KUNNUMPURATH VEEDU, PULIYORKONAM P.O., MADAVOOR,
THIRUVANANTHAPURAM, PIN - 695604
5 JALEEL M., AGED 44 YEARS
SAFIYA MANZIL, PULIYORKONAM P.O., MADAVOOR,
THIRUVANANTHAPURAM, PIN - 695604
6 SUDHEER E., AGED 44 YEARS
S/O.ESUKUNJU, AGED 44 YEARS, CHARUVILA PUTHEN
VEEDU, VETTAKKATTUKONAM, PULIYORKONAM P.O.,
MADAVOOR, THIRUVANANTHAPURAM, PIN - 695604
7 RIYAS S, AGED 33 YEARS
S/O.ABTHUL RASHED, AGED 33 YEARS, RIYAS MANZIL,
ELIKKUNNAMUGAL, PULIYOORKONAM, MADAVOOR,
THIRUVANANTHAPURAM., PIN - 695604
WP(C) NO. 11375 OF 2024
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8 HARI.K., AGED 43 YEARS
S/O.KISHNAPILLA , KIZHAKKUMKARA VEEDU,
MUTTUKONAM, PULIYORKONAM P.O., MADAVOOR,
THIRUVANANTHAPURAM, PIN - 695604
9 SHABUKHAN A, AGED 43 YEARS
ALIYARUKUNJU, CHARUVILA PUTHENVEEDU, AGED 43
YEARS, VETTAKKATTAKONAM, PULIYORKONAM P.O.,
MADAVOOR, THIRUVANANTHAPURAM, PIN - 695604
10 SHUJAHI, AGED 55 YEARS, S/O.MUHAMMED KASSIM,
MALAYINKUNNAM PURAM, K.K.KONAM, P.O.,
THIRUVANANTHAPURAM., PIN - 695604
BY ADV T.RAJASEKHARAN NAIR
RESPONDENTS:
1 THE DISTRICT LABOUR OFFICER,
LABOUR BHAVAN, THIRUVANANTHAPURAM., PIN - 695033
2 THE ASSISTANT LABOUR OFFICER
OFFICE OF THE ASSISTANT LABOUR OFFICER, VARKALA,
THIRUVANANTHAPURAM., PIN - 695141
3 THE KERALA PAPER PRODUCTS LTD.
REP. BY ITS MANAGING DIRECTOR, NEWS PRINT NAGAR,
KOTTAYAM, PIN - 686001
4 THE DIVISIONAL FOREST OFFICER, PALODE DIVISION,
THIRUVANANTHAPURAM., PIN - 695562
5 SRI.K.S.BINU, AGED 49 YEARS, S/O.SASIDHARAN, SREE
KRISHNA VILASAM, CHOZHIYAKODE P.O., ARIPPA,
KOLLAM, 691001., PIN - 691001
SRI.P.M.SHAMEER - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.04.2024, ALONG WITH WP(C).11375/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11375 OF 2024
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JUDGMENT
[WP(C) Nos.11375/2024, 13078/2024]
I am considering these two writ petitions together
because, the underlying factual circumstances are analogous;
while, the reliefs sought for, oppose each other.
2. Among the afore, W.P.(C) No.11375/2024 has been filed
by a person who claims to be a contractor engaged by Kerala
Paper Products Limited (KPP), to cut and move pulp wood
trees to various newsprint factories. He says that he has
entered into Exts.P3 and P4 agreements with respondents 6 to
8 Trade Unions, but that, when the loading of the wood was
attempted on its terms, respondents 9 to 11 caused obstruction
to the same; thus constraining him to approach the police
Authorities for protection, but which has not been granted. He
thus prays that respondents 4 and 5 be directed to provide
adequate protection to him and the members of respondents 6
to 8 - with whom he has entered into Exts.P3 and P4
agreements, so as to complete the work under the agreements
executed with the "KPP".
3. While so, W.P.(C) No.13078 of 2024 has been filed by
WP(C) NO. 11375 OF 2024
the petitioners therein, who are the party respondents in the
aforementioned writ petition, asserting that they are the
registered workers in the area, entitled to be engaged by the
contractor. They say that they have preferred Ext.P5
representation before the second respondent - Assistant
Labour Officer and pray that the said Authority be directed to
consider the same; thus directing them to be engaged by the
contractor for the loading and unloading of the pulp wood
trees.
4. In response to the afore rival positions of the
petitioners in these two writ petitions, the learned Government
Pleader - Sri.P.M.Shameer, pertinently submitted that, Exts.P3
and P4 agreements produced along with W.P.(C)
No.11375/2024 are not with the sanction of the competent
Labour Officers and appear to have been entered into by the
petitioner on his own, with some of the Trade Unions. He
submitted that there are various issues in the said agreements
and hence that the jurisdictional Labour Officers cannot accept
the same; and added that, therefore, if all the parties are
agreeable, then the Deputy Labour Officer (DLO) can hear all of
them and take a final decision as to the manner of engagement
WP(C) NO. 11375 OF 2024
of the head load workers, as also the rates that are applicable
for such. He added that he is making this submission because
the rates mentioned in Exts.P3 and P4 are contrary to the
published ones, and hence that, this is a matter which only the
'DLO' can resolve as per law.
5. The learned counsel for the petitioner in W.P.(C)
No.11375/2024 - Sri.Vinoy Varghese Kallummoottil and
Sri.Rajasekharan Nair - learned counsel for the petitioners in
W.P.(C) No.13078 of 2024, as also Sri.Varghese Sabu -
appearing for respondents 6 to 8 in W.P.(C) No.11375/2024 and
Sri.Shiyas K.R. appearing for 'KPP', conceded to the afore
course; but prayed that the action at the hands of the 'DLO' be
directed to be completed at the earliest. They offered that their
respective clients will appear before the said Authority at 11
A.M. on 12.04.2024, for this purpose.
6. Taking note of the afore submissions, I order these writ
petitions, directing the 'DLO', namely the first respondent in
W.P.(C) No.13078 of 2024, to hear all sides and take a final
decision on the manner of engagement of the head load
workers and the rates applicable. The said Authority will take a
final decision within a period of two weeks thereafter; and
WP(C) NO. 11375 OF 2024
subject to his decision, the petitioner in W.P.(C) No.11375/2024
will be at liberty to approach the police Authorities for
protection, if so warranted, in which event, it will be taken note
of and necessary action completed by the said Authorities
without any avoidable delay.
I clarify that I have fixed the time frame short and that the
Authorities are bound to act within such, because, otherwise,
the pulp wood would be deracinated and would degenerate in
value, which would not be beneficial to any of the parties,
including the workers.
Sd/- DEVAN RAMACHANDRAN
JUDGE
stu
WP(C) NO. 11375 OF 2024
APPENDIX OF WP(C) 13078/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE PHOTOCOPY OF THE LABOUR CARD
ISSUED BY THE 2ND RESPONDENT IN FAVOUR OF
THE SOME PETITIONERS
Exhibit P2 A TRUE PHOTOCOPY OF THE PURCHASE ORDER
DATED 31.12.2021 ISSUED BY THE 4TH
RESPONDENT TO THE 5TH RESPONDENT
Exhibit P3 A TRUE PHOTOCOPY OF THE LICENSE ISSUED BY
THE DIVISIONAL FOREST OFFICER,
THIRUVANANTHAPURAM TO THE 4TH RESPONDENT
COMPANY DATED 24.1.2024
Exhibit P4 A TRUE PHOTOCOPY OF THE NOTIFICAION
ISSUED BY THE 1ST RESPONDENT DATED
12.10.2022 G(2)3715/2020
Exhibit P5 A TRUE PHOTOCOPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONERS AND OTHER
WORKERS BEFORE THE 2ND RESPONDENT DATE
NIL
WP(C) NO. 11375 OF 2024
APPENDIX OF WP(C) 11375/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PURCHASE ORDER ISSUED BY
THE HOD (COMMERCIAL) OF THE 1ST RESPONDENT
COMPANY DATED 10/1/2024.
Exhibit P2 TRUE COPY OF THE ORDER ISSUED BY THE 2ND
RESPONDENT DATED 24/1/2024.
Exhibit P3 TRUE COPY OF THE AGREEMENT ENTERED INTO
BETWEEN THE PETITIONER AND 6TH , 7TH , AND
8TH RESPONDENTS DATED 25/1/2024.
Exhibit P4 TRUE COPY OF THE AGREEMENT DATED NIL
ENTERED INTO BETWEEN THE PETITIONER AND 6TH
, 7TH, AND 8TH RESPONDENTS.
Exhibit P5 TRUE COPY OF THE AGREEMENT DATED NIL WITH
RESPECT TO RATE FOR LOADING PULP WOODS IN
KODANADU FOREST RANGE
Exhibit P6 TRUE COPY OF THE PASS ISSUED BY THE FOREST
DEPARTMENT DATED 13/3/2024.
RESPONDENT EXHIBITS
Exhibit R9(a) A true copy of the notification issued by
the District Labour Officer,
Thiruvananthapuram Dated 12.10.2022
Exhibit R9(b) A true photocopy of the representation
submitted by the entire workers including
the respondents 9 to 11 before the 3rd
respondent
