ALL KERALA HEAD LOAD AND GENERAL WORKERS UNION UNITED TRADE UNION CONGRESS REPRESENTED BY ITS CONVENOR A SHAJAHAN S/O K ALIKUNJU Vs. CHAIRMAN HEADLOAD WORKERS WELFARE FUND BOARD THIRUVANANTHAPURAM DISTRICT COMMITTEE VANCHIYOOR THIRUVANANTHAPURAM

JUDGEMENT

(1.) HEARD learned counsel for the petitioners, learned counsel appearing for the respondent Unions, learned Standing Counsel for the Board and the learned State Attorney.

(2.) THE dispute seems to be over the sharing of work inside the fish market between the members of petitioner Union and respondents 5, 6 and 7 Unions. It is not in dispute that the members of the petitioner Union belong to pool No.V-A, who are required to do the loading and unloading so far as fish market is concerned. THEy are seven in number. So far as members of respondents 5 to 7, they are members of pool No.VII-A and VII-B and they are entrusted with the work of loading and unloading other than fish market. THEy are 43 in number. THEre seems to be a request before the Board asking for more number of headload workers for the fish market. This pursued the Board to merge all the three pools, so that all the members of the three pools can attend to any work irrespective of fish market or other markets. This led to misunderstanding and disputes between the members of the petitioner Union and the members of respondents 5 to 7. According to the petitioners, members of respondent Unions even assaulted them, caused injuries and went to the extent of snatching a gold chain belonging to one of the members of the petitioner Union.

(3.) THE fact remains, as on today, the merger order is not quashed or set aside. In that view of the matter, the parties have to restrict operation of their work of loading and unloading to the respective areas as per the permission granted by the Board. This does not mean, they can fight with each other and create law and order problem near the fish market or outside the fish market. Complaint of the petitioner seems to be, during the night time, when the loading and unloading work is carried on, members of the respondent Union attack them physically and therefore, members of the petitioners are not able to work peacefully without any obstruction during the night times.