High Court Kerala High Court

Nirman Engineers vs State Of Kerala on 16 March, 2009

Kerala High Court
Nirman Engineers vs State Of Kerala on 16 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 7755 of 2009(L)


1. NIRMAN ENGINEERS, DOOR NO.495/39,
                      ...  Petitioner
2. ABAD BUILDERS (P) LTD.,

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. THE STATION HOUSE OFFICER,

3. DIRECTOR GENERAL OF POLICE,

4. THE DISTRICT LABOUR OFFICER,

5. ERNAKULAM JILLA KETTIDA NIRMANA

6. THE DISTRICT CONSTRUCTION WORKERS UNION

7. THE ERNAKULAM DISTRICT CONSTRUCTION AND

                For Petitioner  :SRI.C.K.KARUNAKARAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :16/03/2009

 O R D E R
                     KURIAN JOSEPH, Ag.C.J. &
                    S.S.SATHEESACHANDRAN, J.
             -------------------------------------------------
                      W.P.(C)No.7755 of 2009
            --------------------------------------------------
              Dated this the 16th day of March, 2009

                               JUDGMENT

Kurian Joseph, Ag.C.J.

As admitted in Ext.P3, there is a dispute among the Unions

also. Petitioners may notify a date on which the work is proposed to

be commenced and they may receive applications from the local

workmen who are assembled there for engaging them as per the

requirement of the petitioners. In case there are more number of

workmen present than the requirement, the petitioners may draw lots

and select the required number of workmen. If the petitioners have

engaged those workmen thus selected and in case there is an

obstruction there will be a direction to the second respondent to afford

necessary protection to the petitioners for the conduct of the work by

the selected workmen. Learned Government Pleader submits that

there is also a grievance with regard to the increase in wages. That is

a matter for the workmen to pursue with the 4th respondent.

The writ petition is disposed of as above.

(KURIAN JOSEPH, Ag.Chief Justice)

(S.S.SATHEESACHANDRAN, Judge)
ahg.

KURIAN JOSEPH, Ag.C.J. &
S.S.SATHEESACHANDRAN, J.

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W.P.(C)No.7755 of 2009

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JUDGMENT

16th March, 2009