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S Supran

High Court Of Kerala|02 December, 2014
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JUDGMENT / ORDER

Shaffique, J.
The petitioner has approached this Court seeking for police protection in the matter relating to transportation of timber. According to the petitioner, he is a contractor engaged in felling and transportation of Eucalyptus Billets and Acacia pulp wood from M/s.Kerala Forest Development Ltd to M/s.Tamilnadu News Print and Papers Ltd. The contract is for the period 2014-15. Though the trees had been felled and cut to size, on account of the inter se dispute between respondents 5 to 8 trade unions, the petitioner is not in a position to transport the same to the destination. The petitioner is willing to engage any person from respondents 5 to 8 or from the workers' pool, since the area is covered under the scheme. But, on account of the internal dispute between respondents 5 to 8, they are not doing the work, nor permitting the petitioner to carry on the work with his own workers.
2. It is stated that the dispute between the unions is pending before the District Labour Officer as well. Since the matter is pending consideration before the District Labour Officer and the work is being obstructed, the petitioner had approached the Police for necessary protection. Since no action is taken by the Police in the matter, the petitioner has approached this Court by filing the Writ Petition.
3. Though notice was ordered to party respondents, only 8th respondent has appeared. They have filed a counter affidavit inter alia stating that they are willing to work for the petitioner, but the 5th respondent Union is bringing persons from outside the Panchayat, who have no right to carry on the work and therefore, the issue was taken up before the Assistant Labour Officer, Nedumangad and the District Labour Officer, Thiruvananthapuram and the matter is pending consideration before the said authorities.
4. Learned Government Pleader, on instructions, would submit that the area being a scheme covered area, the loading and unloading work has to be done by the workers registered in the pool.
5. Learned counsel for the 8th respondent submits that they have not obstructed the work being carried on by the petitioner.
6. Having regard to the aforesaid submissions, Police is bound to ensure that no law and order situation is created in the matter relating to the work of loading of timber in the area, in which the petitioner has undertaken the contract. The party respondents or their men cannot take law into their hands and cause obstruction to the contractor. The petitioner is willing to engage any person from respondents 5 to 8 unions. If the petitioner is willing to engage such labourers, police has to ensure maintenance of law and order situation in the area. If there is inter se dispute between the trade unions, the matter has to be settled by the competent authorities and they cannot take law into their hands and prevent the work of the petitioner by engaging his own workmen.
In the result, the Writ Petition is disposed of as under:
Respondents 2 and 3 shall ensure that no law and order situation is created in the matter relating to loading work of timber by the petitioner in the property of M/s.Kerala Forest Development Ltd.
ASHOK BHUSHAN ACTING CHIEF JUSTICE vgs3/12/14 A.M.SHAFFIQUE JUDGE
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Title

S Supran

Court

High Court Of Kerala

JudgmentDate
02 December, 2014
Judges
  • Ashok Bhushan
  • A M Shaffique
Advocates
  • Sri Vinoy Varghese
  • Kallumoottill