Kerala High Court
Kerala Bar Hotels Association vs The Kerala State Beverages Corporation on 23 July, 2014
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 31ST DAY OF JANUARY 2017/11TH MAGHA, 1938
WP(C).No. 23225 of 2016 (C)
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PETITIONER(S):
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1. KERALA BAR HOTELS ASSOCIATION,
(THRISSUR DISTRICT UNIT), KBHA HOUSE,
1ST STREET, CEMETERY ROAD,
MISSION QUARTERS, THRISSUR
REPRESENTED BY ITS PRESIDENT,
SQN.LDR.K.B PADMADAS, AGED 55 YEARS,
S/O. K.V. BALAKRISHNAN (LATE).
2. DASS CONTINENTAL,
SAKTHAN NAGAR
THRISSUR REPRESENTED
BY ITS MANAGING PARTNER,
SQN.LDR.K.B PADMADAS, AGED 55 YEARS,
S/O. K.V. BALAKRISHNAN (LATE)
BY ADVS.SRI.C.C.THOMAS (SR.)
SRI.NIREESH MATHEW
SRI.M.G.KARTHIKEYAN
RESPONDENT(S):
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1. THE KERALA STATE BEVERAGES CORPORATION,
THIRUVANANTHAPURAM,
REP. BY ITS MANAGING DIRECTOR.
2. THE REGIONAL MANAGER,
KERALA STATE BEVERAGES
CORPORATION, REGIONAL
OFFICE, THRISSUR.
3. THE MANAGER,
KERALA STATE BEVERAGES
CORPORATION,(WAREHOUSE),
KURIACHIRA,THRISSUR DISTRICT.
4. HEAD LOAD WORKERS UNION (CITU),
KSBC DEPOT, KURIACHIRA,
THRISSUR, REPRESENTED BY ITS
SECRETARY.
-2-
-2-
WPC 23225 OF 2016:
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5. HEAD LOAD WORKERS UNION(INTUC),
KSBC DEPOT, KURIACHIRA,
THRISSUR, REPRESENTED BY ITS
SECRETARY.
6. HEAD LOAD WORKERS UNION (AITUC),
KSBC DEPOT, KURIACHIRA,
THRISSUR, REPRESENTED BY ITS
SECRETARY.
7. THE DISTRICT LABOUR OFFCER,
THRISSUR 680001
R1-R3 BY ADVS. SRI.NAVEEN.T., SC
SRI.C.S.AJITH PRAKASH,SC
R4 TO R6 BY ADVS. SRI.K.V.REJANISH
SRI.A.S.DHEERAJ
R7 BY GOVERNMENT PLEADER SMT POOJA SURENDRAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 31-01-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
K.V.
WP(C).No. 23225 of 2016 (C)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1: PHOTOCOPY OF THE AGREEMENT DATED 23-7.2014
EXHIBIT P2: PHOTOCOPY OF THE MINUTES OF THE MEETING
DATED 24.05.2016
EXHIBIT P3: PHOTOCOPY OF THE PETITION DATED 27.05.2016 SUBMITTED
BEFORE RESPONDENTS 2,3,AND 7.
RESPONDENT(S)' EXHIBITS
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R49A) COPY OF THE WAGES CHART FIXED BY THE D L O THRISSUR
ON 29.12.2015.
R4(B) COPY OF THE AGREEMENT DATED 25/5/2016.
/TRUE COPY/
P.A.TO JUDGE
K.V.
A. MUHAMED MUSTAQUE, J.
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W.P(C). No.23225 of 2016
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Dated this the 31st day of January, 2017
JUDGMENT
The Kerala Bar Hotel Association and another are the petitioners in this writ petition. They challenged disparity of the loading charges collected by the Union from the premises of warehouse, KSBC, Thrissur. This Court on 20.10.2016, passed the following order:
"The dispute in this writ petition is essentially has arisen out of disagreement on the rate payable to the headload workers for lifting liquor from the Kerala State Beverages Corporation warehouse at Thrissur. It appears that there was an agreement earlier, regarding the rate and it appears that headload workers are paid at the rate of 3.30 per case. There was also a meeting between the Kerala State Beverages Corporation and the Union leaders and there were certain agreement in relation to the revision of rate other than the rate for the loading on behalf of private bar owners and Consumer Fed. From Ext.R4(b) agreement it is seen that the dispute has to be resolved after convening a meeting between the bar owners, Consumer Fed, Kerala State Beverages Corporation and the Union leaders. This Court is of the view that the 7th respondent can be W.P(C). No.23225 of 2016 2 directed to convene a meeting to resolve the dispute between the bar owners, Consumer Fed, Kerala State Beverages Corporation and office bearers of Union. The 7th respondent shall convene the meeting and place the outcome of such meeting before this Court within four weeks from receipt of a copy of this order. In the mean while, the respondents 1 to 3 shall collect only 3.30 per case from the petitioners and the members of the 1st petitioner Association towards the loading fee for the workers belonging to respondents 4 to 6 Unions for loading liquor."
2. Thereafter, the District Labour Officer filed a report dated 01.12.2016 stating that no consensus could be arrived between the parties. It is further reported that the only course open for the District Labour Officer is to pass an order in terms of Kerala Headload Workers' Act and Rules. Such being the case, this Court is of the view that the District Labour Officer, Thrissur shall pass appropriate orders fixing the rate for loading in the above premises within a period of one month from the date of receipt of a certified copy of this judgment, after hearing all parties concerned. It is made clear that the rate has to be fixed only in respect of the loading charges for the petitioners and its members. Appropriate decision shall be passed by the District W.P(C). No.23225 of 2016 3 Labour Officer, Thrissur after hearing the petitioner and the Union Till a decision is taken as above, the interim order dated 20.10.2016 will continue.
The original petition is disposed of.
Sd/-
A. MUHAMED MUSTAQUE, JUDGE.
Sp/02/02/17
// True Copy // P.A. to Judge