Kerala High Court
Geo Builders, Represented By Its ... vs The Assistant Labour Officer on 30 September, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:72891
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946
WP(C) NO. 15457 OF 2024
PETITIONER:
GEO BUILDERS,
REPRESENTED BY ITS MANAGING PARTNER
A PARTNERSHIP FIRM THATHAMPALLY .P.O,
ALAPPUZHA DISTRICT-688013,
REPRESENTED BY ITS MANAGING PARTNER
BOBBY C GEORGE,
S/O C P GEORGEKUTTY
AGED 29 YEARS,
CHOVUMPURAM HOUSE,
THATHAMPALLY P.O, ALAPPUZHA DISTRICT,
PIN - 688013
BY ADVS.
K.S.SAJEEV KUMAR
BISMI T.A.
RAMESH.P.N.
MOHANDAS K.CHACKO
SUKESAN P.S.
RESPONDENTS:
1 THE ASSISTANT LABOUR OFFICER
OFFICE OF THE LABOUR,
KIDANGAMPARAMBU, ALAPPUZHA DISTRICT-,
PIN - 688013
2 THE STATION HOUSE OFFICER
NORTH POLICE STATION,
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2
BAZAR.P.O,
ALAPPUZHA DISTRICT,PIN - 688012
3 ALL INDIA TRADE UNION CONGRESS
POTHUMARAMATHU CONSTRUCTION,
LANDING AND LOADING THOZHILALI UNION,
MULLACKAL, ALAPPUZHA DISTRICT-688013,
REPRESENTED BY ITS GENERAL SECRETARY,
PIN - 688013
4 CENTRE OF INDIAN TRADE UNIONS
CONSTRUCTION LABOUR UNION BOAT CREW OFFICE,
ALAPPUZHA DISTRICT,
REPRESENTED BY ITS DISTRICT SECRETARY,
PIN - 688011
5 UNITED TRADE UNION CONGRESS
CONSTRUCTION LABOUR UNION,
NEAR STONE BRIDGE, MULLACKAL,
ALAPPUZHA DISTRICT,
REPRESENTED BY ITS DISTRICT SECRETARY,
PIN - 688013
6 THE INDIAN NATIONAL TRADE UNION CONGRESS
CONSTRUCTION AND CHUMATTU THOZHILALY CONGRESS,
MARKET WARD, ALAPPUZHA DISTRICT,
REPRESENTED BY ITS GENERAL SECRETARY,
PIN - 688001
7 THE BHARATIYA MAZDOOR SANGH
CONSTRUCTION AND GENERAL MAZDOOR SANGH,
THONDANKULANGARA,
ALAPPUZHA DISTRICT,
REPRESENTED BY ITS GENERAL SECRETARY,
PIN - 688013
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3
8 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF LABOUR,
THIRUVANANTHAPURAM, PIN - 695001
SMT.RESMI THOMAS,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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4
JUDGMENT
Dated this the 30th day of September, 2024
The petitioner states that it is a Partnership Firm
undertaking construction activities. As part of business, the
petitioner entered into an agreement with M/s. S.M.Silks and
Sarees for constructing a commercial building at Mullakkal
Ward in Alappuzha District.
2. After obtaining all statutory clearances, when the
petitioner started construction activities, respondents 3 to 7
and its members are staking claims to work and interfering
with the construction activities.
3. The petitioner therefore seeks to direct the 1 st
respondent to take necessary steps and restrain
respondents 3 to 7 and their members from interfering with
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the construction activities undertaken by the petitioner in the
construction of the commercial building at Mullakkal Ward,
Block No.116 in Ambalapuzha Taluk.
4. I have heard the learned counsel for the petitioner
and the learned Government Pleader representing
respondents 1, 2 and 8.
5. Respondents 3 to 7-Trade Unions claim to be
Unions representing workers in construction work, headload
work as well as other general work in the area. In works in
Establishments, the registered headload workers have
statutory right to work in certain circumstances. The
petitioner states that loading and unloading work is not
being carried out at the construction site. The Trade Unions
are staking claim over construction work.
6. I find that no statute provides any statutory right
for workers engaged in construction work. Apart from
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welfare measures, there are no statutes in Kerala which
gives any statutory right to construction workers to be
compulsorily engaged by builders. Therefore, any
interference in the activities of the petitioner in the matter of
construction work would be illegal. If the Unions or workers
have any claim based on any agreement or settlement, such
workers / Unions shall raise industrial disputes invoking the
provisions of the Industrial Disputes Act. The workers and
Trade Unions cannot pressurise the petitioner or take law
into their hands.
The writ petition is therefore disposed of directing
respondents 1 and 2 to take necessary steps and restrain
respondents 3 to 7 and their members from interfering with
the construction activities undertaken by the petitioner in the
construction of commercial building at Mullakkal Ward in
Ambalappuzha Taluk. It is made clear that this order will be
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without prejudice to the right of respondents 3 to 7, if any, to
raise industrial disputes relating to their claims, if they are so
advised.
Sd/-
N.NAGARESH
JUDGE
hmh
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APPENDIX OF WP(C) 15457/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE PARTNERSHIP DEED
DATED 22.10.2022
Exhibit P2 A TRUE COPY OF THE ACKNOWLEDGEMENT OF
REGISTRAR OF FIRMS IN FORM C ISSUED IN
ACCORDANCE WITH SECTION 68(1) OF THE
PARTNERSHIP ACT 1932 DATED 3.11.2022
Exhibit P3 A TRUE COPY OF THE SITE APPROVAL AND
BUILDING PERMIT ISSUED BY THE
ALAPPUZHA MUNICIPAL COUNCIL VIDE FILE
NO.E3-34052/21 DATED 4.12.2023
Exhibit P4 A TRUE COPY OF THE CERTIFICATE DATED
30.01.2024 ISSUED FROM THE OFFICE OF
THE DISTRICT LABOUR OFFICER, ALAPPUZHA
UNDER SECTION 12 (1) OF CONTRACT
LABOUR (REGULARISATION & ABOLITION )
ACT
Exhibit P5 A TRUE COPY OF THE LICENCE DATED
3101.2024 ISSUED TO THE PETITIONER
UNDER SECTION 1 SUBSECTION 8 OF INTER
STATE MIGRANT WORKERS
Exhibit P6 A TRUE COPY OF THE COMPLAINT DATED
5.03.2024 SUBMITTED BY THE PETITIONER
TO THE FIRST RESPONDENT
