Disposed

Nehru Junction Unit of Thiruvananthapuram District Headload Workers Union (Intuc) v. State of Kerala

Kerala HC5 Jan 2016WP(C)/1627/2015

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking police protection for trade union members from obstruction by the fourth respondent. The court sustained a prior interim order requiring police to prevent obstruction, as the respondent failed to produce evidence of valid identity cards. The court reserved the respondent's right to seek proper directions.

What did the court decide?

This writ petition is disposed of in terms of the order dated 22.1.2015, with the fourth respondent and his men reserved the right to approach competent authorities for direction to obtain identity ca

Nehru Junction Unit of Thiruvananthapuram… — Pension and Retirement Benefits | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN &

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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TUESDAY, THE 5TH DAY OF JANUARY 2016/15TH POUSHA, 1937

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WP(C). No.1627 of 2015 (C)

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PETITIONERS :

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1. NEHRU JUNCTION UNIT OF THIRUVANANTHAPURAM DISTRICT HEADLOAD WORKERS UNION (INTUC), REGISTRATION NO. 378/73

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REPRESENTED BY ITS CONVENER SRI.B.SANTHOSH

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VILAYILKULAM FCI, NEHRU JUNCTION, KAZHAKKOOTTAM P.O.

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THIRUVANANTHAPURAM, PIN - 695 582.

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2. NEHRU JUNCTION UNIT OF THIRUVANANTHAPURAM DISTRICT HEADLOAD AND GENERAL WORKER'S UNION (CITU)

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REG.NO. 146/1970 REPRESENTED BY ITS CONVENOR SRI.S.VINIL KUMAR,

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VILAYILKULAM FCI, NEHRU JUNCTION, KAZHAKKOOTTAM P.O.,

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THIRUVANANTHAPURAM - 695 582.

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3. NEHRU JUNCTION UNIT OF ALL KERALA HEADLOAD WORKERS' UNION (AITUC) REG.NO. 01/11/88, REPRESENTED BY ITS CONVENER SRI.D.SUDHAKARAN, VILAYILKULAM FCI, NEHRU JUNCTION, KAZHAKKOOTTAM P.O., THIRUVANANTHAPURAM - 695 582.

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4. NEHRU JUNCTION UNIT OF THIRUVANANTHAPURAM DISTRICT GENERAL

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MAZDOOR SANGH (BMS), REG.NO. 59/82,

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REPRESENTED BY ITS CONVENOR SRI.S.BINU,

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VILAYILKULAM FCI, NEHRU JUNCTION, KAZHAKKOOTTAM P.O.,

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THIRUVANANTHAPURAM - 695 582.

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BY ADVS.SRI.ASOK M.CHERIAN

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SRI.R.ROHITH SRI.K.JANARDHANA SHENOY SRI.V.N.RAJAPPAN SRI.V.K.PRASAD

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO ITS GOVERNMENT, DEPARTMENT OF HOME, SECRETARIATE, THIRUVANANTHAPURAM- 695 001.

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WP(C). No.1627 of 2015 (C)

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:2:

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2. SUB INSPECTOR OF POLICE THUMPA POLICE STATION, THIRUVANANTHAPURAM, VELI P.O.,

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PIN - 695 021.

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3. ASSISTANT LABOUR OFFICER, THIRUVANANTHAPURAM II CIRCLE, KAZHAKKOOTTAM,

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THIRUVANANTHAPURAM - 695 582.

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4. LALU ALIAS ITTALY RAJU, S/O.VIKRAMAN, THEKKEMUKKU, KATTUKULAM, KAZHAKKOOTTAM TOWN WARD, KAZHAKKOOTTAM P.O., THIRUVANANTHAPURAM, PIN - 695 582.

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R1 TO R3 BY SENIOR GOVERNMENT PLEADER SRI.C.R.SYAM KUMAR R4 BY ADVS. SRI.V.G.ARUN

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SRI.T.R.HARIKUMAR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 1627 of 2015 (C)

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APPENDIX

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PETITIONERS' EXHIBITS :

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EXT.P1: PHOTOSTAT COPIES OF IDENTITY CARDS ISSUED BY THE 3RD RESPONDENT ASSISTANT LABOUR OFFICER TO THE MEMBERS OF PETITIONER TRADE UNIONS.

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EXT.P1(A): FREE ENGLISH TRANSLATION OF EXTHIBIT P1(I).

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EXT.P2: A TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONERS HEREIN, BEFORE THE 2ND RESPONDENT.

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EXT.P2(A): A FREE ENGLISH TRANSLATION OF EXHIBIT P2.

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EXT.P3: A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT, DATED 20/12/2014.

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EXT.P3(A): A FREE ENGLISH TRANSLATION OF EXT.P3.

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RESPONDENTS' EXHIBITS :

NIL

//TRUE COPY//

PA TO JUDGE

ASHOK BHUSHAN, C.J &

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A.M.SHAFFIQUE, J

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= = = = = = = = = = = = = = = = = W.P(C) No.1627 of 2015

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= = = = = = = = = = = = = = = = = = Dated this the 5^th day of January, 2016

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JUDGMENT

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Shaffique, J

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This writ petition has been filed seeking police protection alleging that 4^th respondent and his men are preventing the

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petitioners' unions from carrying on loading and unloading work in the area. Petitioners inter alia contended that their members have identity cards under Rule 26A of the Kerala Headload Workers Rules, 1981 whereas the 4^th respondent is not a card holder. However, under his leadership, several persons are personally obstructing the members of petitioners' trade unions. Though a complaint was given to the police, no action has been taken in the matter and, therefore, the petitioners have approached this Court.

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-:2:-

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WP(C).1627/15

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Learned counsel for the 4^th respondent submits that the 4^th respondent and certain persons have already applied for identity cards and the matter is being considered by the competent authorities. Learned counsel for the 4^th respondent has also raised a contention that cards issued in favour of the members of petitioners' unions are not genuine and a complaint to that effect has already been filed before the competent authorities.

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A report has been filed by the District Labour Officer as per the directions issued by this Court on 16.1.2015 wherein it is stated that the 4^th respondent or any other union except the petitioners' unions have neither applied for any identity cards under Rule 26(A) of the Rules nor any such cards have been issued in their favour. This fact has been objected by the learned counsel for the 4^th respondent.

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We have already issued an interim direction on 22.1.2015

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directing the police to ensure that no obstruction is caused by the 4^th

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-:3:-

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WP(C).1627/15

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respondent and his men in the headload work being carried on by the members of the petitioners' unions.

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Having regard to the factual situation involved in the case,

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we are of the view that interim order has to be sustained as the 4^th respondent was unable to produce any materials to show that he or his men were having any identity cards in terms of Rule 26A of the Rules. Hence, this writ petition is disposed of in terms of the order dated 22.1.2015, however, reserving the right to the 4^th respondent and his men to approach competent authorities for appropriate directions and for obtaining identity cards as contemplated under the Rules.

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ASHOK BHUSHAN CHIEF JUSTICE

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A.M.SHAFFIQUE JUDGE

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krj.5/1/16

Nehru Junction Unit of Thiruvananthapuram District Headload Workers Union (Intuc) v. State of Kerala

Case brief

What is this about?

What did the court decide?

Nehru Junction Unit of Thiruvananthapuram District Headload Workers Union (Intuc) v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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