RAJAMANI Vs. CHATHU

JUDGEMENT

(1.) The second appeal raises an important question about the jurisdiction of the civil court to try a matter coming within the term 'agricultural dispute', as defined in the Kerala Agricultural Workers Act, 1974 (hereinafter referred to as 'the Act'). The courts below have taken the view that such a suit is not maintainable. That view is in challenge in the second appeal.

(2.) The background facts may be briefly referred to. They relate to activities in what was a peaceful agricultural segment sometime back. For reasons which need not be detailed, considerable transformation in the social set up took place during the last few decades. Many who had only a precarious tenure and uncertain enjoyment over the land became land owners. That was the result of the Kerala Land Reforms Act. New situations created new problems too. The tenants became the owners of the land. The large segments of agricultural workers continued to remain workers. The Land Reforms Act gave only limited rights such as kudikidappu rights to them. The impact of the progressive ideas and trade union activities, had their effect in their attitudes and habits too. Vociferous and organised agricultural workers organisations pleaded for, and got, a legislative bounty under the Act.

(3.) Though the Act was passed in 1974, its effective implementation, for various reasons, got delayed. At about 1980, as regards the parties involved in this litigation, tensions mounted and continuous fights followed. In November-December of 1980, such tensions assumed an undesirable form and proportion. This is, in a way, reflected by the decree in the other suit, O.S. 271/80 where the owner of the lands sought to realise damages sustained by the destruction of harvested crops due to the objectionable activities of the agricultural workers. That decree has become final. The question whether the destruction of the crops resulting from hard work of the agricultural labour and the organisational activities of the owner, would not be an act of extreme cruelty is a matter which should receive the attention of all concerned. Political philosophy and revolutionary thoughts, should not ordinarily encourage such a wanton distruction of the products of hard toil.