RDS Project Limited v. Assistant Commissioner of Police, Kazhakkuttam, Thiruvananthapuram and Others
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- P. R. Ramachandra Menon
- N. Anil Kumar
- Judgment Date
- 2019-02-05
- Court Decision / Holding
- In view of the developments, the court held that nothing further remained to be considered in the writ petition, the petition was closed, and it directed that if any violation affecting law and order occurs, the petitioner may bring it to the notice of the police for adequate intervention. The settlement dated 01.02.2019 was noted, and the interim protective measures would continue to be applicable to ensure smooth execution, as necessary.
- Final Disposition
- Petition disposed / closed
Parties to the Case
Appellants / Petitioners
- RDS Project Limited
Respondents
- Assistant Commissioner of Police, Kazhakkuttam, Thiruvananthapuram
- Station House Officer, Kazhakkuttam Police Station, Kazhakkuttam, Thiruvananthapuram
- Nirmalakumar, District Secretary, AITUC, Kazhakuttam, Thiruvananthapuram
- Lalu V, Block President, INTUC Office, Kazhakkuttam, Thiruvananthapuram
- S.S. Biju, Area Secretary, CITU, CPI (MA) Area Committee Office, Kazhakuttam, Thiruvananthapuram
- Chairman, Thiruvananthapuram District Committee, Kerala Headload Workers Welfare Fund Board, Thiruvananthapuram
Legal Representation & Advocates
Counsels for Petitioners
- • Sri K. T. Thomas
- • Sri Mathew B. Kurian
Counsels for Respondents
- • Sri P. P. Thajudeen, Sr. GP
- • Sri V. Renjith Kumar
- • Sri Aswin P. John
- • Sri Thomas Abraham
Case Synopsis & Summary
RDS Project Limited filed a writ petition seeking protection and directions to prevent interference by rival work unions in the construction of a New 4-lane elevated highway between Kazhakkuttam Junction and Technopark Junction under NH 47 (New NH 66) in Thiruvananthapuram district. The petitioner claimed that respondents 3 to 5 or their agents had no right to compel engagement of the petitioner’s workers for the works under Ext. P1 and sought a writ of mandamus to provide police protection to its workmen and to act against those obstructing the works. The petition argued that the works would be executed using mechanical devices, and hence were not covered by manpower-based headload labor under the Kerala Headload Workers Act, 1978, especially Section 9(8). Interim protection was granted on 31.01.2019 due to alleged obstructions, and the matter was directed to be considered on 05.02.2019. The court invoked the Section 9(8) provision and a Division Bench ruling (Timber Merchant Association v. Superintendent of Police) to support the petitioner’s entitlement to proceed. By 01.02.2019, settlement talks led to an understanding that headload workers would be excluded for the mechanical work, while other loading/unloading tasks would be allocated to unions. Ultimately, the court closed the petition, with directions to police to intervene if law and order violations recur.
Provisions of Law Cited
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioner contends that respondents 3 to 5 or any other person have no right to insist on engaging them or their men for carrying out works under Ext. P1 agreement for construction of the New 4-lane elevated highway including approaches and service roads between Kazhakkuttam Junction and Technopark Junction (NH 47 / NH 66). It seeks a writ of mandamus or other appropriate writ directing respondents 1 and 2 to provide adequate police protection to its workers and to take action against those obstructing the works and to maintain law and order. It argues the works are to be carried out using mechanical devices, not manpower-based headload labor as per the Kerala Headload Workers Act, 1978, particularly Section 9(8). The interim order was sought due to alleged obstruction, and reliance is placed on a Division Bench ruling in Timber Merchant Association v. Superintendent of Police, Ktym and Ors. to support entitlement to proceed. The petition emphasizes timely completion and avoidance of law-and-order problems if protective measures are not granted.
Contentions of Respondents
The respondents contend that maintaining law and order and ensuring a lawful execution of works necessitates police protection. They note that the dispute was subject to conciliation with the involvement of labour authorities, and a settlement was reached on 01.02.2019. They argue adherence to the settlement terms, which allow exclusion of headload workers for mechanical works while other loading/unloading tasks may be performed by union members. They urge that the matter be resolved through the agreed settlement and administrative processes, with protection only as required to implement the settlement and prevent disturbances during execution.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Timber Merchant Association, Pala and Ors. v. Superintendent of Police, Ktym and Ors. | 2016 (1) KHC 841 | Positive | Cited to support the petitioner’s entitlement to pursue the operation under the Headload Workers Act framework and the Section 9(8) provision, especially regarding protection and conduct during mechanized works. |
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