Kerala High Court
Jilmon John vs The District Police Chief on 12 October, 2018
Author: Devan Ramachandran
Bench: P.R.Ramachandra Menon, Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
&
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY ,THE 12TH DAY OF OCTOBER 2018 / 20TH ASWINA, 1940
WP(C).No. 32677 of 2018
PETITIONER:
JILMON JOHN, AGED 53 YEARS
S/O LATE JOHN, MANAGING PARTNER,MADATHIL
ENTERPRISES,MADATHIL HOUSE,MANAKKAD P.O,THODUPUZHA
685584,IDUKKI DISTRICT.
BY ADVS.
SRI.TOM JOSE (PADINJAREKARA)
SEBIN K CYRIAC
RESPONDENTS:
1 THE DISTRICT POLICE CHIEF
KOTTAYAM DISTRICT,COLLECTORATE PO,KOTTAYAM 686002
2 DEPUTY SUPERINTENDENT OF POLICE
PALA
3 INSPECTOR OF POLICE
PALA
4 DISTRICT LABOUR OFFICER
KOTTAYAM.
5 THE ASSISTANT LABOUR OFFICER
PALA, KOTTAYAM DISTRICT, PIN-686575.
6 CENTRE OF INDIA TRADE UNION (CITU)
REPRESENTED BY ITS AREA COMMITTEE SECRETARY, SHRI.
JOY PUZHUPALA, EMS BHAVAN, KADAPATTOOR, PALA-686574.
7 CENTRE OF INDIA TRADE UNION (CITU)
REPRESENTED BY ITS LOCAL COMMITTEE MEMBER, ADVOCATE
JOSHY JACOB, EMS BHAVAN, KADAPATTOOR, PALA-686574.
WP(C).No. 32677 of 2018
2
8 CENTRE OF INDIA TRADE UNION (CITU)
REPRESENTED BY ITS LOCAL COMMITTEE MEMBER, SHRI
T.R.VENUGOPAL, EMS BHAVAN, KADAPATTOOR, PALA-686574.
9 KERALA TRADE UNION CONGRESS (KTUC(M))
PALA CONSTITUENCY, REPRESENTED BY ITS PRESIDENT, SHRI
JOSEKUTTY POOVELIL, POOVELIL HOSUE, MUNDUPALAM, PALA-
586575.
10 HEAD WORKERS WELFARE BOARD, REPRESENTED BY ITS CHIEF
EXECUTIVE, SRM ROAD, KOCHI - 682017.
SR.GP SRI.P.P.THAJUDEEN FOR R1 TO R5
SRI.S.KRISHNAMOORTHY, SC FOR R10.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
12.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Devan Ramachandran, J.
The petitioner claims to be the Managing Partner of a firm by name "M/s.Madathil Enterprises" and he says that he is an A- Class PWD contractor as is discernible from Ext.P1 registration certificate.
2. According to the petitioner, he has entered into an agreement with the "Kerala Infrastructure and Technology for Education" for the purpose of modernization of various schools to the international standards. as centres of excellence and he has produced on record Ext.P3, being a copy of the said agreement. WP(C).No. 32677 of 2018 3 He says that when he commenced work at the Mahatma Gandhi Government High School, Pala, respondents 6 to 9, making certain untenable demands, obstructed the work and that they have criminally trespassed into the work site, abusing and threatening the Supervisor and other workers of the petitioner. The petitioner alleges that the demands made by respondents 6 to 9 are completely illegal and that they have now obstructed the loading and unloading of the construction articles in the site, further demanding that they should be employed. It is the petitioner's specific case that the work involved is highly skilled in nature and therefore, that persons like respondents 6 to 9 cannot be engaged, even if the petitioner want to do so.
3. Even though notice was issued from this Court to respondents 6 to 9 and even though they have been validly served, they have chosen neither to be present in person nor to be represented through counsel. We, therefore, inferentially hold that they have nothing to offer in answer to the various allegations in this writ petition.
4. The learned standing counsel appearing for the 10 th respondent says that the area in question, where the school is situated, is a Scheme covered area under the provisions of the WP(C).No. 32677 of 2018 4 Kerala Headload Workers Act and he says that, therefore, the petitioner is obligated to engage the workers from the Board. He, however, concedes that the work is being carried out in a school thus taking it out of the definition of "establishment" under Section 2(j) of the Act but contends that merely because the work is being conducted inside the school, such benefit would not be obtained to the petitioner, who is not part of the school but is only a contractor.
5. The learned Senior Government Pleader appearing on instructions from respondents 1 to 3, who are the Police Officers in charge of the area where the school is situated, submits that there are no law and order issues at the moment and that the disputes between the petitioner and respondents 6 to 9 are in the labour realm. He says that normally the Police cannot interfere but assures this Court that as and when there is a problem, they will certainly assist the petitioner in completing the work as per law.
6. In the afore circumstances, taking note of the submissions of the various parties in this case, we are of the view that respondents 6 to 9 cannot claim any vested or statutory right to be employed by the petitioner or to be paid any amount to which WP(C).No. 32677 of 2018 5 they are not entitled.
7. Since the work is being carried on in the Mahatma Gandhi Government High School, Pala, we are prima facie of the view that the benefit of Section 2(j) would apply and therefore, that respondents 6 to 9 or any other persons in the pool of workers maintained under the Headload Workers Act will not obtain an automatic right to be employed by the petitioner.
In the afore circumstances, we order this writ petition and direct the third respondent - Inspector of Police, Pala, to afford adequate and effective protection to the petitioner against the obstructions caused by respondents 6 to 9 or any other persons acting under them, in the event any complaint is made before them by the petitioner, alleging commission of offence or any attempt to commit an offence, which shall be taken note of appropriately and action pursued without delay.
P.R.RAMACHANDRA MENON
JUDGE
DEVAN RAMACHANDRAN
stu JUDGE
WP(C).No. 32677 of 2018
6
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REGISTRATION ISSUED TO
THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE LETTER DATED 18.4.2018
ISSUED TO THE PETITIONER BY THE KERALA
INFRASTRUCTURE AND TECHNOLOGY FOR
EDUCATION.
EXHIBIT P3 TRUE COPY OF THE AGREEMENT DATED
2.5.2018 EXECUTED BETWEEN THE CHAIRMAN AND MANAGING DIRECTOR OF KERALA INFRASTRUCTURE AND TECHNOLOGY FOR EDUCATION AND THE PETITIONER.
EXHIBIT P4 TRUE COPY OF THE PETITION DATED 25.9.2018 SUBMITTED BY THE PETITIONER TO THE IST RESPONDENT.
//TRUE COPY// P.A TO JUDGE.