Ernakulam District Transport And ... vs District Labour Officer
2024 Latest Caselaw 15269 Ker

Kerala High Court

Ernakulam District Transport And ... vs District Labour Officer on 5 June, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
                        WP(C) NO. 3067 OF 2024
PETITIONER:

          COCHIN THURAMUGHA THOZHILALI UNION (CTTU)
          REGISTRATION NO.42/49, THEKKE MAALIPURAM UNIT, ROOM NO.
          19/599, ELAMKUNNAPUZHA PANCHAYAT, AZHEEKKAL POST,
          ERNAKULAM REPRESENTED BY ITS CONVENOR K.K SHARAFUDEEN,
          PIN - 682508

          BY ADV JESWIN P.VARGHESE



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT
          OF HOME AFFAIRS, SECRETARIAT, TRIVANDRUM., PIN - 695001

    2     THE DISTRICT COLLECTOR
          CIVIL STATION, KAKKANADU (POST), ERNAKULAM. - 682030

    3     THE DISTRICT POLICE CHIEF
          ERNAKULAM RURAL, ALUVA (POST), PIN - 683101

    4     THE STATION HOUSE OFFICER (SHO),
          NJARAKKAL POLICE STATION, PONNARIMANGALAM POST,
          ERNAKULAM DISTRICT, PIN-682504, (THE NAME AND ADDRESS
          OF R4 IS DELETED AND SUBSTITUTED AS FOLLOWS VIDE ORDER
          DATED 01.03.2024 IN IA NO.1/2024) THE STATION HOUSE
          OFFICER (SHO), MULAVUKADU POLICE STATION, MULAVUKADU
          POST, ERNAKULAM DISTRICT, PIN 682 502.

    5     THE DISTRICT LABOUR OFFICER
          CIVIL STATION, KAKKANAD (POST), ERNAKULAM., PIN -
          682030

    6     THE DEPUTY LABOUR OFFICER
          KALVATHY, FORT KOCHI (POST), PIN - 682001

    7     THE ASSISTANT LABOUR OFFICER
          KALVATHI ROAD, KALVATHY, FORT KOCHI (POST) - 682001

    8     KERALA HEAD LOAD WORKERS WELFARE BOARD
 WP(C) NO. 3067 OF 2024 & con.case
                                    2


             INDIAN CHAMBER ROAD, KOCHI, MATTANCHERRY (POST),
             ERNAKULAM. REPRESENTED BY ITS SECRETARY- 682002

     9       ERNAKULAM DISTRICT TRANSPORT & GENERAL WORKERS
             UNION OF INTUC
             FISHING HARBOUR UNIT (REG. NO. 456/ 17), GOSREE
             JUNCTION, AZHEEKKAL (POST), ERNAKULAM; REPRESENTED
             BY ITS SECRETARY SRI. P.S. SURESH, S/O
             SREENIVASAN, PALIYAM PARAMBIL HOUSE, GOSREE
             JUNCTION, AZHEEKKAL (POST), ERNAKULAM (ADDRESS OF
             R9 IS DELETED AND SUBSTITUTED AS FOLLOWS VIDE
             ORDER DATED 26/03/2024 IN IA 2/2024) FISHING
             HARBOUR UNIT (REG.NO. 456/73), GOSREE JUNCTION,
             AZHEEKKAL (POST), ERNAKULAM, REPRESENTED BY ITS
             SECRETARY SRI.ABHILASH P.R., AGED 46 YEARS, S/O
             RAVEENDRAN, PALIYAM PARAMBIL HOUSE, GOSREE
             JUNCTION, AZHEEKKAL (POST) , ERNAKULAM, PIN
             682508, PIN - 682508

     10      CENTRE OF INDIAN TRADE UNION (CITU)
             KALAMUKKU FISHING HARBOUR UNIT, GOSREE JUNCTION,
             AZHEEKKAL (POST), ERNAKULAM; REPRESENTED BY ITS
             SECRETARY SRI. P.K. BABU, S/O KUMARAN, PARAKKAL
             HOUSE, GOSREE JUNCTION, AZHEEKKAL (POST),
             ERNAKULAM, PIN - 682508

     11      BHARATIYA MAZDOOR SANGH (BMS)
             AZHEEKKAL (POST), ERNAKULAM. REPRESENTED BY ITS
             SECRETARY SRI. P.V. BIJU, S/O VASUDEVAN, PALIYAM
             PARAMBIL HOUSE, GOSREE JUNCTION, AZHEEKKAL (POST),
             ERNAKULAM, PIN - 682508

             BY ADVS.
             S.KRISHNA MOORTHY(ERNAKULAM)
             DENIZEN KOMATH

             SMT.REKHA C.NAIR, SR.GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.06.2024, ALONG WITH WP(C).6336/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 3067 OF 2024 & con.case
                                       3




             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
                         WP(C) NO. 6336 OF 2024
PETITIONERS:

     1      ERNAKULAM DISTRICT TRANSPORT AND GENERAL WORKERS
            UNION OF INTUC,
            FISHING HARBOUR UNIT (REG NO.456/73), GOSREE
            JUNCTION, AZHEEKAL P.O KOCHI. REPRESENTED BY ITS
            SECRETARY-ABHILASH P.R, S/O RAVEENDRAN,
            PALIYAMPARAMBIL HOUSE -AZHEEKAL P.O KOCHI - 682508

     2      CENTRE OF INDIAN TRADE UNION (CITU)
            KALAMUKKU FISHING HARBOUR UNIT, GOSREE JUNCTION,
            AZHEEKAL P.O, ERNAKULAM REPRESENTED BY ITS
            SECRETARY SRI. P.K. BABU, S/O KUMARAN, PARAKKAL
            HOUSE, GOSREE JUNCTION, AZHEEKAL P.O, ERNAKULAM.,
            PIN - 682508

     3      BHARATHIYA MAZDOOR SANGH (BMS)
            AZHEEEKAL P.O, ERNAKULAM REPRESENTED BY ITS
            SECRETARY SRI. P.V BIJU, S/O VASUDEVAN,
            PALIYAMPARAMBIL HOUSE, GOSREE JUNCTION, AZHEEKAL
            P.O, ERNAKULAM., PIN - 682508

             BY ADV DENIZEN KOMATH



RESPONDENTS:

     1       DISTRICT LABOUR OFFICER,
             CIVIL STATION, KAKKANAD P.O ERNAKULAM. - 682030

     2       DEPUTY LABOUR OFFICER,
             KALVATHY, FORT KOCHI P.O,.ERNAKULAM, PIN - 682001

     3       ASSISSTANT LABOUR OFFICER,
             KALVATHI ROAD, KALVATHY, FORT KOCHI P.O. - 682001
 WP(C) NO. 3067 OF 2024 & con.case
                                    4


     4       KERALA HEAD LOAD WORKERS WELFARE BOARD,
             INDIAN CHAMBER ROAD, KOCHI, MATTANCHERY P.O,
             ERNAKULAM-; REPRESENTED BY ITS SECRETARY - 682002

     5       COCHIN THURAMUGHATHOZHILALI UNION (CTTU)
             REG NO.42/49, THEKKENMALIPURAM UNIT, ROOM NO.
             19/599, AZHEEKAL P.O, ERNAKULAM - REPRESENTED BY
             ITS CONVENOR K.K.SHARAFUDEEN., PIN - 682508

             BY ADV S.KRISHNA MOORTHY(ERNAKULAM)




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.06.2024, ALONG WITH WP(C).3067/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 3067 OF 2024 & con.case
                                       5


                                    JUDGMENT

[WP(C) Nos.3067/2024, 6336/2024]

The controversy between the petitioners - who are both

Trade Unions - is whether a person, who has obtained

registration under Rule 26A of the Kerala Headload Workers

Rules ('Rules' for short), can be employed only in a particular

area and in a particular kind of work.

2. The controversy in these cases relates to the loading and

unloading work of fish and corollary articles; and while the

petitioner in W.P(C)No.3067 of 2024 impugns Ext.P5 instructions

issued by the Station House Officer, Mulavukadu, directing that

one can be engaged only for the work specified in the

Registration Cards, the petitioners in W.P(C)No.6336 of 2024

assert that they had raised a dispute on the very same issue,

which is pending before the District Labour Officer (DLO) and

seeks that it be resolved under the provisions of Section 21 of the

Kerala Headload Workers Act ('Act' for short).

3. Sri.Jeswin P.Varghese - learned counsel for the petitioner

in W.P(C)No.3067 of 2024, argued that there is no legal

inhibition under the statutory scheme that an employee who has WP(C) NO. 3067 OF 2024 & con.case

obtained a registration can engage only in a particular kind of

work and therefore, that their request, that they be allowed to

load and unload all variety of goods available in the godown of a

person by name Sri.Sujesh K.S., is required to be protected, for

which they have already preferred Ext.P4 representation before

the Police. He argued that, however, no action has been taken by

the Police; but, on the contrary, Ext.P5 has been issued saying

that only those employees who are authorized to take a particular

kind of load can be engaged for such purpose; and hence that it

is liable to be set aside, because this is a decision that ought to

have been taken by the DLO and no other Authority, under the

mandate of the afore provisions of the 'Act'.

4. Sri.S.Krishnamoorthy - learned standing counsel for the

Head Load Workers Welfare Board, affirmed that, normally in

such matters, the Police have no role and that it is for the DLO,

or such other Authorities, to take a final decision. He submitted

that, therefore, his client will abide by any directions to be issued

by this Court, particularly when both sides agree that the

disputes will have to be resolved through the statutory

mechanism, which is now pending before the DLO.

5. Smt.Rekha C.Nair - learned Senior Government Pleader, WP(C) NO. 3067 OF 2024 & con.case

appearing for the official respondents in these cases, submitted

that Ext.P5 in W.P.(C) No.3067/2024 was issued by the Sub

Inspector not with the intent to decide the controversy between

the parties, but to maintain law and order, since otherwise, the

members of the rival Unions may even unleash violence against

each other. She prayed that, therefore, the arrangement in

Ext.P5 in the said writ petition be allowed to be continued until

such time as the DLO takes the final decision in the matter. She

added that since the DLO has already scheduled the conciliation

meeting between the parties, as per Section 21 of the Act, on

26.06.2024, it may be left to the said Authority to take a final

decision; and prayed that, therefore, until such time, the

arrangement in Ext.P5 in WPC No.3067/2024 be allowed

uninterdicted.

6. There can be little doubt, as is expressly admitted by the

petitioners in both cases, that the disputes between them will

require to be resolved under the aegis of the DLO, as per the

provisions of Section 21 of the Act. In fact, it is also conceded, as

also affirmed by the learned Senior Government Pleader, that the

said Officer has commenced proceedings and that the matter is

now listed to 26.06.2024 for hearing. As is well recognized, any WP(C) NO. 3067 OF 2024 & con.case

decision of the DLO can be subjected to a further statutory

appeal by the parties; and obviously, therefore, the statutory

procedure will have to be now completed without any let or

interference.

7. That said, however, the only question now remains is

whether the arrangement thought of by the Police, as reflected in

Ext.P5 in W.P.(C) No.3067/2024, should be allowed to continue.

8. As I have already recorded above, the learned Senior

Government Pleader says that this arrangement is only for

maintaining law and order and not as a recognition of the rights

or otherwise of the registered pool workers.

9. In the afore circumstances and to ensure that the rival

interests of the parties are adequately protected, I order these

writ petitions, directing the jurisdictional DLO to complete the

statutory proceedings under Section 21 of the 'Act', after

affording necessary opportunities of being heard to both sides

and to the Board; thus culminating in an appropriate final order

and necessary action thereon, as expeditiously as is possible, but

not later than two months from 26.06.2024, when the next

hearing is stated to be scheduled.

WP(C) NO. 3067 OF 2024 & con.case

10. Needless to say, further remedies of the parties as per

the statutory scheme are left open; for which purpose, their rival

contentions are also left undecided.

As far as Ext.P5 in W.P.(C) No.3067/2024 is concerned, I

deem it not necessary to enter into the merits of the same

because, as stated by the learned Government Pleader, it is only

a temporary measure devised by the Police to maintain law and

order and no other. I, therefore, clarify that Ext.P5 would

continue to be in force only until such time as the DLO takes the

decision in terms of the afore directions and that the same cannot

be construed to be in affirmation or derogation of any right of the

rival parties.

Sd/- DEVAN RAMACHANDRAN JUDGE mc/stu WP(C) NO. 3067 OF 2024 & con.case

APPENDIX OF WP(C) 6336/2024

PETITIONER EXHIBITS

Exhibit-P1 TRUE PHOTOCOPIES OF A FEW OF RULE 26A CARDS ALLOTTED BY THE 4TH RESPONDENT BOARD TO THE PETITIONERS UNION MEMBERS,

Exhibit-P2 TRUE PHOTOCOPY OF RULE26A CARDS ALLOTTED BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT UNION MEMBERS,

Exhibit-P3 TRUE PHOTOCOPYOF THE DISPUTE RAISED BYTHE PETITIONERS UNIONS BEFORE THE RESPONDENTS 1 AND 3 HEREIN DATED 05.01.2024

Exhibit-P4 TRUE PHOTOCOPIES OF THE MINUTES OF GENERAL BODY MEETING CALLED UPON BY THE PETITIONERS UNIONS JOINTLY AT GOSREE JUNCTION, KALAMUKKU, VYPIN,DATED 07.01.2024.

Exhibit-P5 TRUE PHOTOCOPY OF THE MINUTES OF MEETING HELD ON 12.01.2024BY THE 3RD RESPONDENT

Exhibit-P6 TRUE PHOTOCOPY OF THE MINUTES OF MEETING HELD BY THE 3RDRESPONDENT DATED 03.02.2024 WP(C) NO. 3067 OF 2024 & con.case

APPENDIX OF WP(C) 3067/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE IDENTITY CARD ISSUED TO THE WORKER K. K SHARAFUDEEN BY THE 7TH RESPONDENT UNDER RULE 26 (A) OF THE KERALA HEAD LOAD WORKERS RULES, 1981

Exhibit P2 A TRUE COPY OF JUDGMENT IN WPC NO.

13680/2021 DATED 26.11.2021

Exhibit P3 A TRUE COPY OF THE JUDGEMENT IN WP(C) NO.

12050/2022 DATED 21.07.2022

Exhibit P4 A TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 08.01.2024

Exhibit P5 A TRUE COPY OF THE LETTER ISSUED TO PETITIONER UNION BY THE 4TH RESPONDENT