The Janatha Vizhinjam Harbour Area v. Regional Joint Labour Commissioner
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):
----------------------------
1. REGIONAL JOINT LABOUR COMMISSIONER, KOLLAM.
2. THE DISTRICT LABOUR OFFICER, THIRUVANANTHAPURAM.
3. THE PORT OFFICER, NEENDAKARA, KOLLAM.
4. THE PURSUR, VIZHINJAM PORT, VIZHINJAM P.O., THIRUVANANTHAPURAM.
5. CIRCLE INSPECTOR OF POLICE, VIZHINJAM CIRCLE, VIZHINJAM, THIRUVANANTHAPURAM.
6. M.JEROM, 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.
K.VINOD CHANDRAN, J - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 210 of 2010 - - - - - - - - - - - - - - - - Dated 19th March, 2015 - - - - - - - - - - - - - - - - - - - - - - - -
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.
2. Exts.P2 and P7 decisions are taken wherein the members of the petitioner were also directed to be participated. However, till today
WP(C).210/10 no such participation is effected, is the contention.
3. It is to be noticed that the writ petition filed is of the year 2009 and it is not clear whether anything survives as of now. By sheer passage of time, the circumstance would have also changed considerably. In such circumstances, if the petitioner/Union is still has a grievance, the petitioner/Union would have to approach the appropriate Officer being the 4th respondent of the Port and in the circumstance of a dispute, the petitioner would have to approach the 2nd respondent.
Leaving open such remedy, the writ petition stands closed.
Sd/- K.VINOD CHANDRAN Judge Mrcs //True Copy//