High Court Kerala High Court

R.S. Shibu vs District Labour Officer on 3 December, 2008

Kerala High Court
R.S. Shibu vs District Labour Officer on 3 December, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 35693 of 2008(Y)


1. R.S. SHIBU, CONVENOR, BMS HEADLOAD
                      ...  Petitioner

                        Vs



1. DISTRICT LABOUR OFFICER,
                       ...       Respondent

2. ASSISTANT LABOUR OFFICER,

3. CIRCLE INSPECTOR OF POLICE,

4. PRADEEP, CONVENOR, CITU HEADLOAD

5. M.K. MONIKUTTAN,

                For Petitioner  :SRI.G.SUDHEER

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :03/12/2008

 O R D E R
                        V.GIRI, J
                      -------------------
                   W.P.(C).35693/2008
                      --------------------
      Dated this the 3rd day of December, 2008

                      JUDGMENT

Petitioner is the Convener of Head load Workers

Union (BMS) of Panniyottukonam Unit and submits

that members of the Union were earlier members of

respondents 4 and 5 and this resulted in an agreement

between the Unions. One Subhash Chandrabose

started to cut and remove rubber trees standing in his

estate and when he was obstructed, he had

approached this Court for police protection and this led

to Ext.P1 judgment. Petitioner contends that the

owner of the property is willing to engage members of

the petitioner Union as well. But this is being objected

to by respondents 4 and 5. Petitioner also alleges

that respondents 4 and 5 are trying to employ

unregistered workers to defeat the workers of the

petitioner. This has been prevented by the petitioner.

In these circumstances, petitioner approached the

first respondent with Ext.P2 representation,

challenging the action taken by respondents 4 and 5.

W.P.(C).35693/2008
2

2. Having heard learned Government Pleader also,

writ petition is disposed of directing the first respondent

to look into Ext.P2 and see that only registered workers

are employed irrespective of the Union to which they

belong. Needful action shall be taken on Ext.P2, as

expeditiously as possible, after notice to respondents 4

and 5 as well.

V.GIRI,
Judge

mrcs