FOREST GENERAL WORKERS UNION Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is a registered union of Forest General Workers represented by its Secretary. The main prayer in the writ petition is for a direction to the respondents not to divert the timber brought to Kothamangalam depot, to other depots.

(2.) THE petitioner relies upon Ext.P1 judgment of this Court in O.P.No.15013/1999 which was also a writ petition filed by the petitioner herein. Ext.P2 is the copy of relevant pages of Chapter XI of the Forest Code specifying various aspects which includes a provision that no sales depot shall be opened or closed down without the sanction of the Government and the opening or closing of a sales depot shall be notified in the Government Gazette.

(3.) THE third respondent has filed a statement wherein various aspects have been pointed out. In para 3, the details of quantity to be delivered at Kothamangalam Depot have been stated, viz. a total of 1220.250 cum. It is stated that as per the notification and the estimate for the work, the timber obtained from the plantations mentioned therein are to be delivered at 4 sales depots, viz. Thalakkodu, Parampuzha, Vettikkadu and Kothamangalam. The data regarding the carrying capacity of the four depots have been stated in the said paragraph. As far as Kothamangalam is concerned, the number of workers are 13, where as in Thalakkodu it is 560, in Vettikkadu it is 75 and in Parampuzha it is 32. In all the other three places there are four registered unions, whereas in Kothamangalam, there is only one union. Out of the four depots, Thalakkodu can be given the first preference since it has the highest extent of land for storing timber (43.04 acres). The number of workers also justify the same. It is further averred that the sales depot at Kothamangalam is intended to store timber obtainable from the areas of Kothamangalam and Munnar Divisions. So far as Kottayam division is concerned, the designated depots are Vettikkadu and Parampuzha. Only a portion of the timber expected from the plantations in Kottayam Division is proposed to be transported to Kothamangalam and Thalakkodu depots to avoid stock piling.