S RATHEENDRAN Vs. DEPUTY GENERAL MANAGER

JUDGEMENT

(1.) PETITIONERS claim to be persons engaged by the first respondent for work in connection with the international air cargo terminal. Earlier the unit was functioning at Shanghumughom, Trivandrum. It has been shifted to Chakka in Trivandrum. Only part of the operation i.e exporting activity has been shifted to the unit at Chakka. PETITIONERS are admittedly workmen who were doing the loading and unloading work at Shanghumughom where the unit was earlier functioning. Subsequent to the shifting of the unit to Chakka petitioners assert that they are entitled to continue to discharge the work which they were earlier doing at Shanghumughom now at Chakka also. Respondents 6 to 10 unions representing the headload workers at Chakka are staking a claim for right to employment to the exclusion of the petitioners who have come to the locality from far off Shanghumughom. This in short is the dispute between the parties. PETITIONERS assert that they are entitled to and they are continuing to do the work now. Respondents 6 to 10 claim that consequent to the shifting they are entitled to do the work exclusively. They are the registered headload workers entitled to do the work, asserts the learned counsel for respondents 6 to 10.

(2.) THE fact that the petitioners were earlier doing the work and they are continuing to do the work does not appears to be seriously disputed. THE first respondent accepts that version. However, the first respondent does not accept that there is employer employee relationship between the first respondent and the petitioners.