IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21151 of 2009(L)
1. M/S.OCEANUS DWELLINGS (P) LTD.,
... Petitioner
Vs
1. THE SUPERINTENDENT OF POLICE,
... Respondent
2. THE SUB INSPECTOR OF POLICE,
3. CITU, KURISHADI UNIT, REPRESENTED BY
4. AITUC, PULLANGIVILA UNIT,
5. INTUC, PULLANGIVILA UNIT,
6. THE DISTRICT LABOUR OFFICER,
7. THE ASSISTANT LABOUR OFFICER,
For Petitioner :SRI.G.P.SHINOD
For Respondent :SRI.M.RAJAGOPALAN NAIR
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.BHAVADASAN
Dated :31/07/2009
O R D E R
P.R.RAMAN & P.BHAVADASAN, JJ.
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W.P.(C) No.21151 of 2009
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Dated this the 31st July, 2009
J U D G M E N T
Raman, J.
The petitioner is engaged in the business of
construction of flats, at present at Pangappara Village. He has
got his own permanent workmen. At the same time, he is
prepared to engage the required workers from the party
respondents for loading and unloading work. But his present
problem is that because of the inter rivalry union dispute, he is
not able to do the work.
2. We have issued notice and party respondents
have entered appearance. Third respondent has produced before
us a decision rendered by the 7th respondent, Assistant Labour
Officer, who is the competent authority under the Act, resolving
the dispute and certifying that third respondent’s unit is the
authorized unit for doing the loading and unloading work in the
W.P.(C) No.21151 of 2009
2
area in question. If so, the members of that union having
registration be engaged by the petitioner and no obstruction shall
be caused by other unions in the party array. The police will
give necessary protection to the petitioner in case of such
obstruction.
3. However, in case, the other party respondents
have got a case that the said decision is taken by the 7th
respondent without hearing them, or, if they are otherwise
aggrieved by such decision, it is open to them to prefer an appeal
or such other proceedings challenging the decision of the 7th
respondent. The present order will continue in force, unless the
order passed by the 7th respondent is altered or modified in any
other legal proceedings and thereafter subject to such decision,
that may be taken by that authority.
The writ petition is disposed of as above.
P.R.RAMAN, JUDGE
P.BHAVADASAN , JUDGE.
nj.