KOCHI REFINERY EVICTEES CONSTRUCTION WORKERS ASSOCIATION Vs. BHARAT PETROLEUM CORPORATION LIMITED AND ORS

JUDGEMENT

(1.) PETITIONERS 2 and 3 who are the members of the first petitioner Association challenge Ext.P4 minutes of the meeting held on 04.06.2012 under the auspices of the District Collector, Ernakulam regarding the loading and unloading work at the new project work site of the first respondent Refinery. The challenge to Ext.P4 minutes is primarily on two grounds and they are:

(2.) RELIANCE is placed on paragraph 1 and paragraph 3 of Ext.P4 minutes which are extracted hereunder:

(3.) THE petitioners vociferously contend that only the Assistant Labour Officer and the District Labour Officer are clothed with powers to conciliate and settle the dispute in terms of Section 21 of the Kerala Head Load Workers Act, 1978. I find force in this submission since the said Act does not empower the District Collector to settle the dispute or streamline the loading and unloading operations in a unit especially when there is no break down of the law and order situation. There is no indication in Ext.P4 minutes that there has even been a threat to the law and order situation because of the internecine quarrel between the members of the various trade unions. Ext.P5 is the minutes of the meeting held at 7 p.m. on 04.06.2012 to which the first petitioner is a party wherein certain remedial measures are contemplated for the smooth functioning of the first respondent Refinery. The petitioners may of course be bound by Ext.P5 minutes even though they are not bound by Ext.P4 minutes of the meeting held on 04.06.2012 at 6 p.m. behind their back and allegedly prejudicial to their interest.