High Court Kerala High Court

Priji Kumar vs State Of Kerala on 19 May, 2009

Kerala High Court
Priji Kumar vs State Of Kerala on 19 May, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 13301 of 2009(G)


1. PRIJI KUMAR, S/O. DEVADASS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY THE SECRETARY,
                       ...       Respondent

2. CIRCLE INSPECTOR OF POLICE, PALODU.

3. SUB-INSPECTOR OF POLICE PALODU POLICE

4. KURUPPUZHA PORIYAM HEAD LOAD

5. KURUPPUZHA PORIYAM HEAD LOAD WORKERS

6. VANCHVAM KONNAMOODU HEAD LOAD WORKERS

7. VANCHUVAM KONNAMMOODU HEAD LOAD

                For Petitioner  :SRI.C.S.MANU

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI
The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :19/05/2009

 O R D E R
              V.GIRI & K.SURENDRA MOHAN, JJ.
                ----------------------------------------
                  W.P(C).No. 13301 OF 2009
                ----------------------------------------
            Dated this the 19th day of May, 2009

                        J U D G M E N T

~~~~~~~~~~~

Giri, J.

The petitioner purchased rubber trees from one Ratheesh

Kumar under Ext.P1 and then entered into Ext.P2 agreement for

cutting of the rubber trees. His grievance is that when he

started making arrangements to cut and remove the rubber

trees, the members of respondents 4 to 6 Unions intervened and

obstructed. Petitioner is willing to employ willing workers from

any Union for removing the rubber trees. He has not been

permitted to do so, inspite of the complaint lodged before the

police. Since they have not taken any steps, he has approached

this Court.

2. The case of the petitioner is that there was a dispute

among the Unions as regards the right to remove the rubber

trees. The learned Government Pleader on instruction, submits

the matter is pending before the District Labour Officer,

Thiruvananthapuram.

W.P(C).No.13301/2009 2

3. In the circumstances, the District Labour Officer is

impleaded as additional 7th respondent (existing 7th respondent is

directed to be deleted pursuant to the order in

I.A.No.5756/2009). The District Labour Officer shall decide the

eligibility of respondents 4 to 6, to sponsor headload workers, for

loading the rubber trees cut by the petitioner from the property

mentioned in Exts.P1 ad P2. This shall be done at the earliest,

preferably, within 10 days from the date of receipt of a copy of

this judgment.

The District Labour Officer shall specifically take note of

the fact that according to the petitioner he has no preference

and he is willing to employ any of the workers from respondents

4 to 6. If the members of respondents 4 to 6 are not willing to

work, then he must be permitted to employ workers of his

choice. This aspect shall be specifically taken note of by the

District Labour Officer and adequate provision must be made in

the decision to be taken by him. Once such decision is taken,

then the petitioner shall not be obstructed in going ahead with

W.P(C).No.13301/2009 3

the work which he has undertaken and the police shall render

adequate protection in that regard.

(V.GIRI , JUDGE)

(K.SURENDRA MOHAN, JUDGE)
ps