Petitioner union denied port work participation despite prior awards. Court noted time passage, advised approaching port officer, and closed the writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
THURSDAY, THE 19TH DAY OF MARCH 2015/28TH PHALGUNA, 1936 WP(C).No. 210 of 2010 (A)
PETITIONER(S):
THE JANATHA VIZHINJAM HARBOUR AREA HEAD LOAD & GENERAL WORKERS UNION, REG.NO.01-04/2004 REPRESENTED BY IT'S PRESIDENT THENNOORKONAM BABU NEAR B.R.AUDITORIUM, VIZHINJAM P.O. THIRUVANANTHAPURAM.
BY ADV. SRI.G.SUDHEER
RESPONDENT(S):
IKYA TRADE UNION GENERAL CONVENOR, NEAR PETROL PUMP KOTTAPPURAM P.O., VIZHINJAM, THIRUVANANTHAPURAM.
BY GOVERNMENT PLEADER SRI. MANOJ KUNJACHAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 210 of 2010 (A)
APPENDIX
EXHIBITS
P1TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF TRADE UNION NO.01-04 OF 2004 ISSUED BY DEPUTY REGISTRAR OF TRADE UNIONS (KERALA STATE) DATED 7.6.04
P2TRUE COPY OF THE ORDER NO.G2-2898/06 DATED 5.2.2007 ISSUED BY THE DISTRICT LABOUR OFFICER, THIRUVANANTHAPURAM
P3TRUE COPY OF THE LETTER NO.80/07/KV DATED 15.12.07 ISSUED BY R4
P4TRUE COPIES OF THE IDENTITY CAREDS ISSUED TO THE MEMBERS OF THE PETITIONER'S UNION
P5TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 17.11.06 BY R1
P6TRUE COPY OF THE JUDGMENT DATED 21.1.08 IN WPC.2387 OF 2008 OF THIS HONOURABLE COURT
P7TRUE COPY OF THE DECISION NO.G2-143/08 DATED 18.3.08 ISSUED BY R2
P8TRUE COPY OF THE ORDER DATED 3.4.09 IN KHL WA.NO.3/2008 ISSUED BY THE APPELLATE AUTHORITY (REGIONAL JOINT LABOUR COMMISSIONER, KOLLAM
P9TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE R2 DATED 3.7.08
P10TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE R3 DATED 3.7.08
P11TRUE COPY OF THE JUDGMENT DATED 26.10.09 IN WPC. 8911 OF 2009 PASSED BY THIS HONOURABLE COURT
P12TRUE COPY OF THE NOTICE DATED 30.11.09 ISSUED BY R4 TO THE PETITIONER
P13TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 3.12.09 AT R4'S OFFICE
P14 SERIES- TRUE COPY OF THE WRITTEN REQUESTS SUBMITTED BY MEMBERS OF PETITIONER'S UNION
//True Copy//
P.S. To Judge
K.VINOD CHANDRAN, J
JUDGMENT
The petitioners who are head load and General Workers, are not participated in the work carried on in the Port at Vizhinjam. The grievance projected in the above writ petition is the denial of employment to such workers, though the right to the members of the Union, have crystallized by Exts.P2 and P7. Petitioners have been consistently before this Court seeking conciliation insofar as participation in the work at Vizhinjam Port. According to them, the 6th respondent by sheer muscle power prevented the members of the petitioner/Union from working.
wherein the members of the petitioner were also directed to be participated. However, till today
2
WP(C).210/10
no such participation is effected, is the contention.
Leaving open such remedy, the writ
petition stands closed.
Sd/-
K.VINOD CHANDRAN Judge
Mrcs
//True Copy//
Janatha Vizhinjam Harbour Area Head Load & General Workers Union
Regional Joint Labour Commissioner, Kollam
District Labour Officer, Thiruvananthapuram
Port Officer, Neendakara, Kollam
Pursur, Vizhinjam Port
Circle Inspector of Police, Vizhinjam Circle
K. Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
