C. S. Rajagopal & C. Suresh Kumar v. Travancore Devaswom Board and others (W.P.(C). Nos. 25772 of 2016 (V) and 25965 of 2016)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** **THE HON'BLE THE ACTING CHIEF JUSTICE MR. MOHAN M.SHANTANAGOUDAR & THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN** **TUESDAY, THE 9TH DAY OF AUGUST 2016/18TH SRAVANA, 1938** **WP(C).No. 25772 of 2016 (V) ----------------------------** **PETITIONER(S):** **-------------** ## **1. C.S.RAJAGOPAL** **AGED 55 YEARS, S/O. CHANDRASEKHARAN NAIR, CONTRACTOR, M/S.RAJAGIRI CONSTRUCTION, VILAVOORKKAL, MALAYINKIL P.O., THIRUVANANTHAPURAM.** **2. C.SURESH KUMAR** **AGED 52 YEARS, S/O. CHELLAPPAN NAIR, CONTRACTOR, MANIKANDA VILASOM, PIRAYIL, PEYAD, THIRUVANANTHAPURAM.** **BY ADVS.SRI.C.S.MANILAL SRI.S.NIDHEESH** **RESPONDENT(S):** **--------------** **1. THE TRAVANCORE DEVASWOM BOARD REPRESENTED BY THE SECRETARY, NANTHENCODE, THIRUVANANTHAPURAM-695 003.** **2. THE HIGH POWER COMMITTEE FOR SABARIMALA MASTER PLAN REPRESENTED BY THE CHAIRMAN, OFFICE OF THE TRAVANCORE DEVASWOM BOARD BUILDINGS, NANTHANCODE, THIRUVANANTHAPURAM-695 003.** **3. THE MEMBER SECRETARY** **HIGHER POWER COMMITTEE (COMMISSION), TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM-695 003.** **4. THE CHIEF ENGINEER (GENERAL) TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM-695 003.** **5. THE DISTRICT POLICE CHIEF PATHANAMTHITTA-689 645.** **WP(C).No. 25772 of 2016 (V) - 2 -** **6. THE CIRCLE INSPECTOR OF POLICE PAMBA, PATHANAMTHITTA DISTRICT-689 662.** **7. THE RANNI TALUK FOREST WORKERS UNION C.I.T.U., REG.NO.4/3/94, REPRESENTED BY GENERAL SECRETARY, V.N.SUDHAKARAN, TALUK COMMITTEE, RANNI, PATHANAMTHITTA.** - **Addl. 8. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, TRIVANDRUM.** - **Addl. 9. THE STATE POLICE CHIEF, POLICE HEADQUARTERS, TRIVANDRUM.** **R8 &9 IMPLEADED AS PER ORDER DTD.5.8.2016 IN I.A.12451/16.** **R5,6, ADDL.R8 & 9 BY SR.GOVERNMENT PLEADER SRI. M.R. SABU R1-4 BY SRI.KRISHNA MENON, SC, TRAVANCORE DEVASWOM BOARD R7 BY ADV. SRI.R.T. PRADEEP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-08-2016, ALONG WITH WPC. 25965/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **WP(C).No. 25772 of 2016 (V)** ## **----------------------------** ## **APPENDIX** **PETITIONER(S)' EXHIBITS ----------------------EXHIBIT P1 COPY OF THE SELECTION NOTICE DATED 10.6.2016 AND AGREEMENT IN RESPECT OF RESTING HALL AT NILAKKAL.** **EXHIBIT P2 COPY OF THE SECTION NOTICE DATED 10.6.2016 AND AGREEMENT IN RESPECT OF ANNADANA MANDAPAM AT SANNIDHANAM.** **EXHIBIT P3 COPY OF THE SELECTION NOTICE DATED 10.6.2016 FOR DARSANAM COMPLEX.** **EXHIBIT P4 COPY OF THE NOTICE DATED 29.7.2016 ISSUED BY THE 7TH RESPONDENT UNION TO THE 1ST PETITIONER.** **EXHIBIT P4(A) COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P4 NOTICE. EXHIBIT P5 COPY OF THE NOTICE DATED 27.7.2016 ISSUED BY THE 7TH RESPONDENT UNION TO THE 2ND PETITIONER.** **EXHIBIT P5(A) COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P5 NOTICE.** **EXHIBIT P6 COPY OF THE PETITION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 6TH RESPONDENT.** **EXHIBIT P6(A) COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P6 PETITION.** **EXHIBIT P7 COPY OF THE PETITION SUBMITTED BY THE 2ND PETITIONER BEFORE THE 6TH RESPONDENT.** **EXHIBIT P7(A) COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P7 PETITION.** **EXHIBIT P8 COPY OF THE REQUEST MADE BY THE 1ST PETITIONER DATED 29.7.2016 BEFORE THE 3RD RESPONDENT.** **EXHIBIT P9 COPY OF THE REQUEST MADE BY THE 2ND PETITIONER DATED 29.7.2016 BEFORE THE 3RD RESPONDENT.** **EXHIBIT P9(A) COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P9 REQUEST.** **EXHIBIT P10 COPY OF THE REQUEST MADE BY THE 2ND PETITIONER DATED 29.7.2016 BEFORE THE 4TH RESPONDENT.** **EXHIBIT P10(A) COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P10 REQUEST.** **RESPONDENT(S)' EXHIBITS -----------------------** **NIL** /TRUE COPY/ P.A. TO JUDGE sou. ## **Mohan M. Shantanagoudar, Ag. CJ and Thottathil B. Radhakrishnan, J** -------------------------------------------------------------W.P(C). No. 25772 of 2016 and W.P(C). No. 25965 of 2016 --------------------------------------------------------------Dated this the 9[th] day of August, 2016 **==> picture [100 x 14] intentionally omitted <==** ## Thottathil B. Radhakrishnan, J 1. W.P.(C). No.25772 of 2016 is filed by two contractors engaged in carrying out the activities on contract basis, in connection with the implementation of Sabarimala Master Plan under the control of High Power Committee and Travancore Devaswom Board. They approached this Court complaining that there is cartel of persons who claim employment contrary to the statutory provisions which could regulate such a situation. The plea projected includes the stand that the areas Nilackal, Pampa and Sabarimala are not notified under the Kerala Headload Workers Act and Scheme. 2. W.P.(C)No.25965 of 2016 is filed by the Travancore Devaswom Board alleging that the unorganised labour force is interfering with the activities as complained of by the petitioners _**W.P(C) Nos.25772/16 & 25965/16**_ 2 in W.P(C).No.25772 of 2016 and also in relation to transport and other matters interconnected with the functioning of the temples and allied activities of Sabarimala hills, including Nilackal and Pampa. 3. As of now, following the earlier order, it is submitted by learned Senior Government Pleader that a settlement agreement has been arrived at between the petitioners in W.P (C) No.25772 of 2016 and the labourers through a Trade Union. To our query, the counsel appearing for the petitioners in W.P.(C) No.25772 and the counsel appearing for the 7[th] respondent therein have vouchsafed that their clients will stand by the said settlement agreement and therefore, that can be given full effect to, including, if necessary, under police cover. We, therefore, order W.P(C).No.25722 of 2016 directing that respondent Nos.5,6, 8 and 9 will ensure that needful protection or other police assistance as may be called for, is extended in conformity with the said settlement entered into by the petitioners in that writ petition and the 7[th] respondent before the District Labour Officer, Pathanamthitta. _**W.P(C) Nos.25772/16 & 25965/16**_ 3 4. In so far as W.P(C). No.25965 of 2016 is concerned, by now, it is settled through the judgment issued by the Division Bench of this Court in **Thuravoor Mahakshetra Bhaktajana Samithy v. Administrative Officer** [1999 (3) KLT 900], that Kerala Headload Workers Act does not apply to temple and allied institutions and activities. It is apposite to quote the following from the said precedent: ## “2. xxx xxx xxx xxx Neither the temple authorities nor the small traders will be able to meet their demands. Further the traders and other contractors who are engaged in the construction and erection of Panthal are having their own arrangements to unload the articles by themselves at the site or through their helpers. Under such circumstances, we are of the opinion that the second respondent, Circle Inspector of Police shall afford adequate and necessary police protection to the temple authorities and other contractors and persons who are being engaged for the purpose of the Festival in the Thuravoor Mahakshetram to load and unload the goods through their own workers. The Thuravoor _**W.P(C) Nos.25772/16 & 25965/16**_ 4 Mahakshetram is an important temple under the administration of the Travancore Devaswom Board and lakhs of devotees are assembling during the festival season. Kerala Headload Workers Act applies only to the establishment mentioned in the schedule and the temple does not find a place in the schedule of Kerala Headload Workers Act.” 5. We concur with the aforesaid finding of the Division Bench and clarify that no labour force has any right to claim any priority or right to bargain in relation to activities in connection with temples and its activities and requisite movement of goods, including all matters connected with the requirement of temples, festival purposes, pilgrims and shops which are permitted to operate under the control and licence of Travancore Devaswom Board. Therefore, in furtherance of the direction issued above as regards W.P.(C).No.25772 of 2016, there would be a further order that respondents 1 to 4 and 6 in W.P.(C). No.25965 of 2016 shall do the needful to accord necessary protection, including by using police force as may be found necessary, to effectuate appropriate action including management by Devaswom authorities and for loading and _**W.P(C) Nos.25772/16 & 25965/16**_ 5 unloading works being carried out at Nilackal, Pampa and Sabarimala by the Travancore Devaswom Board through its contractors and the personnel engaged by them, subject to the clarification mentioned in the order in W.P(C). No.25772 of 2016 as regards the settlement agreement mentioned therein. These Writ Petitions are ordered accordingly. Sd/- Mohan M. Shantanagoudar, Acting Chief Justice Sd/- Thottathil B. Radhakrishnan, Judge sou.9/8.