High Court Kerala High Court

Kerala Cement Dealers … vs City Commissioner Of Police on 9 November, 2010

Kerala High Court
Kerala Cement Dealers … vs City Commissioner Of Police on 9 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 33266 of 2010(G)


1. KERALA CEMENT DEALERS ASSOCIATION,
                      ...  Petitioner

                        Vs



1. CITY COMMISSIONER OF POLICE,
                       ...       Respondent

2. THE DISTRICT COLLECTOR,

3. INSPECTOR GENERAL OF POLICE,

4. C.P.RASHEED, CONVENOR,

5. C.I.T.U,

6. I.N.T.U.C.,

7. S.T.U

8. THE ASSISTANT LABOUR OFFICER,

9. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.R.BINDU (SASTHAMANGALAM)

                For Respondent  :SRI.VINOD SINGH CHERIYAN

The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MRS. Justice M.C.HARI RANI

 Dated :09/11/2010

 O R D E R
            K.M.JOSEPH & M.C.HARI RANI, JJ.
                     * * * * * * * * * * * * *
                      W.P.C.No.33266 of 2010
                    ----------------------------------------
            Dated this the 9th day of November 2010

                            J U D G M E N T

K.M.JOSEPH,J

The petitioner has approached this Court seeking the

following reliefs:

i) Issue a writ of mandamus or any other

appropriate writ, direction or orders, directing

the respondents 1 to 3 to give sufficient

adequate and effective police protection to the

cement dealers in Kozhikode District for loading

and unloading cement to and from their

godowns and also for transporting cement in

Kozhikode district.

ii) Issue a writ of mandamus or any other

appropriate writ, direction or orders, directing

the 1st respondent to take sufficient and

adequate steps to prevent causing damages to

the vehicles transporting cement in Kozhikode

District by the members of the respondent Union

5 to 8.

iii) Issue a writ of mandamus or any other

appropriate writ, direction or order directing the

1st respondent to enquire into and to take

W.P.C.No.33266 of 2010 2

prompt and effective actions on Exts.P3 to P6

crimes registered in the respective police

stations.

2. Briefly put, the case of the petitioner is as follows:

3. Petitioner is a registered Association of cement

dealers in Kozhikode district. The nature of the business

activities involves stocking of cement sacks in godown and

transporting the same to the suppliers in and around Kozhikode

city. There is an existing agreement between the petitioner

association and the railway goodshed workers union with regard

to the loading and unloading of cement sacks from the goods

wagons at the West Hill – Kallai railway goodshed. Ext.P1 is the

agreement dated 12/5/2008 which expires on 12/11/2010. There

are negotiations going on between the representatives of the

petitioner association as well as respondents 5 to 8 (must be 4 to

7). The further allegation is that the agreement relates to

loading and unloading within the railway goodshed premises

only. The complaint is that the members of respondents 4 to 7

have started to threaten the members of the petitioner

Association demanding that the Association should accept their

demands in toto while renewing the agreement. The petitioner

W.P.C.No.33266 of 2010 3

has informed that the issue could be sorted out in the presence

of the Assistant Labour Officer, Kozhikode; but the members of

the Unions have started to obstruct the loading and unloading of

cement from the godown of the dealers into their vehicles.

Further, they have waylaid the vehicles which have been

transporting cement and causing extensive damage to the

vehicles as well as the goods carried therein. Incidents were

promptly reported to the police station. Ext.P2 is the complaint

of the driver of the lorry. There are similar incidents. Exts.P3 to

P5 are complaints given by the drivers. Petitioner Association

filed Ext.P6 representation. Again it is followed by Ext.P8

representation. Ext.P8(a) is the letter signed by the 4th

respondent who is the Convener of the Goodshed workers’ Co-

ordination Committee which met on 20/07/2010 to achieve the

demands put forward by them.

4. Counter affidavit is filed by the 4th respondent. The

respondents would inter alia state as follows. There were 321

loading and unloading workers at the West Hill section and 72

workers at Kallai section. Reference is made to another

agreement entered into on 16/09/2008. Similar agreement with

W.P.C.No.33266 of 2010 4

respect to loading and unloading of cement from the goods

wagon at Kallai alone is produced by the petitioner as Ext.P1.

The petitioner has purposefully suppressed the work agreement

with respect to the West Hill section. The said agreement was

executed on 16/09/2008. It is stated that as per the decision of

the Head Load Workers Board, 32 workers were shifted from

West Hill to Kallai Section. Ext.R4(a) is the copy of the

agreement which was already ended on 15/09/2010. The

workers submitted Ext.R4(b) representation seeking

enhancement of wages from Rs.1.90 to Rs.6/- per sack. A new

agreement has to be executed. Ext.R4(c) produced is the

agreement in respect of 108 employees for a period of 30 months

from 13/5/2008. The writ petition is filed as a pressure tactics to

compel the workers to do the loading and unloading work at the

existing rate of Rs.1.90/- per sack. It is stated that joint meetings

were convened by the Chairman of the Head load workers Board

because of the adamant stand taken by the petitioner

association. The godowns of the petitioner association are

situated far away from the West Hill and Kallai good shed, the

work place of these employees. It is absolutely false to say that

W.P.C.No.33266 of 2010 5

they have waylaid the vehicles in which were transporting the

cement. Exts.P2 to P5 are false complaints. Ext.P6

representation to the District Collector contains vague

allegations.

5. We have heard the learned counsel for the petitioner,

learned counsel for the party respondents and the learned

Government Pleader. The complaint of the petitioner essentially

relates to obstruction by members of respondents 4 to 7 in doing

the work of loading and unloading cement to and from their

godown and also in transporting cement in Kozhikode district.

The agreements with the party respondents relate to the loading

and unloading work to be done in the railway good sheds is their

case. It is the case of the petitioner that the party respondents

have no right to do loading and unloading work in the godowns.

It is the case of the petitioner that loading and unloading work in

the godowns is being done with the help of registered workers in

the area.

6. The learned counsel for the party respondents would

reiterates the contentions in the counter affidavit and would

submit that the filing of the writ petition is only a pressure

W.P.C.No.33266 of 2010 6

tactics to compel the workers to accept the terms of employment

not acceptable otherwise to the respondents. They would deny

the allegations of obstruction or causing damage. It is stated

that the godowns are located at far away places. The learned

Government Pleader would point out that vehicles which are

located away from the good sheds have been damaged and six

crimes have been registered. It is also submitted by the learned

Government Pleader that the assailants are said to be

unidentified persons.

7. We record the submission of the learned counsel for

the party respondents that they will not cause any obstruction to

the loading and unloading of cement from the godown of the

cement dealers and for transporting cement in Kozhikode

district. If, contrary to the said submission, the petitioner brings

forth any complaint to the 1st respondent of any such threat from

members of respondents 4 to 7, the 1st respondent shall take

prompt action to give protection as against any obstruction of

loading and unloading cement from the godowns of the cement

dealers and for transporting the same in Kozhikode district by

respondent s4 to 7. We further make it clear that this would be

W.P.C.No.33266 of 2010 7

without prejudice to the right of the party respondents to agitate

peacefully and seek enhancement of wages or any other

conditions of service which they feel entitled to, so long as they

do not obstruct the work of the petitioner.





                                         (K.M.JOSEPH, JUDGE)



                                      (M.C.HARI RANI, JUDGE)
jsr



             // True Copy//    PA to Judge

W.P.C.No.33266 of 2010    8

W.P.C.No.33266 of 2010    9




                          K.M.JOSEPH & M.C.HARI RANI, JJ.




                                             .No. of 200




                                    ORDER/JUDGMENT




                                             30/082010