MOIDEEN KUNHI A. Vs. KUMBALA GRAMA PANCHYAT

JUDGEMENT

(1.) The petitioners are stated to be traditional manual sand dredging workers and they assert that they have been registered as such by the 3rd respondent - Port Conservator, Kasargode - and are included in the registers maintained by the said Authority as also the 1st respondent - Kumbala Grama Panchayat - in this regard.

(2.) The petitioners say that in the year 2010, the Government had entrusted the Manual Sand Dredging Works to Co-operative Societies but that since it has found to be untenable, Ext.P1 order was, thereafter, issued stipulating that the existing workers engaged in manual sand dredging works, as also those who are earlier engaged in such works, should be given preference and that such persons will be registered by the respective Local Self Government Institutions. They say that subsequently a Monitoring Committee, under the Chairmanship of the District Collector, was also constituted to streamline the dredging work in each of the Ports referred in Ext.P1, as also to fix the wages of the dredging workers, price of sand etc.

(3.) The petitioners say that consequent to the above, 73 persons - including them - were engaged in the manual sand dredging works at "Shiriya Arikkady Kadavu" for the past several years but that they were disengaged from doing so sometime in the year 2018. They say that they then came to know that the respondent - Panchayat had initiated steps to prepare a list of sand dredging workers, excluding them and by including certain other persons who are working as such in the "Shiriya Olyam Kadavu" of another Panchayat. They say that they, therefore, preferred several representations and that in response to this the 4th respondent - District Collector issued Ext.P4 letter directing the 2nd respondent - Secretary of Kumbala Grama Panchayat, to prepare a register of sand dredging workers giving preference to those who are engaged in the work earlier.