T D JOY Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THE petitioner has come to this Court seeking issue of directions under Article 226 of the Constitution of India to respondents 1 to 4 to afford police protection to the petitioner to get the work of road repair done by workmen of his choice employed by him against illegal obstruction that is raised by respondent No.6.

(2.) THE petitioner is a PWD C-class contractor. An item of work has been allotted to him. He has to face the constraints of time prescribed in the contract. He therefore has to expeditiously complete the work. He is being illegally obstructed from carrying out the work by the members of the sixth respondent union. According to the petitioner, he is not the member of any association of employers. He has not agreed with any one to provide employment for the workers of the sixth respondent. In these circumstances, the sixth respondent or workers under the sixth respondent have no right to cause any obstruction to the work carried on by the petitioner. Appropriate directions may in these circumstances be issued, it is prayed.

(3.) WE have considered all the relevant inputs. The sixth respondent founds his claim on Ext.R6(d). That agreement is in force from 1.4.2011 to 31.3.2012. But, we are unable to find any effective reply/response to the contention of the petitioner that he is not a member of the Kerala Contractors' Association. Even the sixth respondent does not have a specific case that the petitioner is a member of the said Association.