MAS MAKE POLYMERS Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is a small scale industrial unit engaged in production and sale of THErmo cole plates and cups, situated in Elappully village in Palakkad district. According to the petitioner, the industrial unit is being run after obtaining all the required permissions and licences from various authorities concerned. THE issue pertains to loading and unloading works in the industrial unit, especially the unloading of raw-materials, which comes occasionally in large quantities. Case of the petitioner is that, they have got permanent workers employed in the unit who are doing the loading and unloading works and that they do not require any other workers from outside for such activities. THE allegation is that the 4th respondent union is creating obstructions to the loading and unloading work being done with permanent workers engaged by the petitioner. It is alleged that on 01/03/11 physical obstruction was caused to such works by members of the 4th respondent union. It is stated that, in spite of Ext.P4 complaint registered before the 2nd respondent, no effective action was taken and no protection was afforded for functioning of the unit as well as for the loading and unloading activities. Hence, this Writ Petition.

(2.) IN spite of service of notice issued from this Court, the 4th respondent has not entered appearance and not chosen to contest the Writ Petition. Heard; Government Pleader appearing on behalf of the respondents 1 to 3. It is submitted on instructions that there was physical obstruction caused at the industrial unit on 01/03/11, as alleged. However, the second respondent had instructed the parties to seek remedy from appropriate labour authorities.

(3.) SINCE it is found that the petitioner is entitled to do the loading and unloading works by engaging its own permanent workers, the 4th respondent has no manner of right to obstruct such work. If any complaint is received with respect to any physical obstruction being caused to such activities or with respect to functioning of the unit in any manner, the second respondent shall take effective steps to remove such obstructions and to afford adequate protection for the smooth conduct of the activities of the unit by engaging the permanent workers of the petitioner. Necessary steps in this regard shall be taken by the second respondent on receipt of any complaint.