IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 25^TH DAY OF JANUARY 2022 / 5TH MAGHA, 1943 WP(C) NO. 6022 OF 2021 PETITIONER :

KOZHIKODE TALUK NFSA LABOUR UNION CO-ORDINATION COMMITTEE, REPRESENTED BY THE CONVENOR P. K. MOHAMMED SHAFI, AGED 44 YEARS, S/O. AALI, P. K. HOUSE, VADAKKE CHITTAKKATT PARAMBA, ARTS AND SCIENCE COLLEGE P. O., MEENCHANTHA, KOZHIKODE.

BY ADV T.G.RAJENDRAN RESPONDENTS :

1 THE DEPOT MANAGER, KERALA STATE CIVIL SUPPLIES CORPORATION, SUPPLYCO DEPOT, BEYPRE NORTH, KOZHIKODE - 673015.

2 CIVIL SUPPLIES CORPORATION, REPRESENTED BY THE MANAGER, KOZHIKODE REGION, KOZHIKODE - 673015.

3 THE DISTRICT COLLECTOR, CIVIL STATION, ERANHIPPALAM, KOZHIKODE - 673 006.

4 THE TALUK SUPPLY OFFICER, TALUK OFFICE, KOZHIKODE - 673571.

R1 & R2 BY ADV.R.LAKSHMI NARAYAN R3 & R4 BY SRI.JUSTINE JACOB, SENIOR GOVT.PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

12.01.2022, THE COURT ON 25.01.2022 DELIVERED THE FOLLOWING:

BECHU KURIAN THOMAS, J.

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W.P.(C) No.6022 of 2021 =-=-=-=-=-=-=-=-=-=-=-=-=-=

Dated this the 25^th day of January, 2022

JUDGMENT

Petitioner is challenging the shifting of two godowns by the Kerala Civil Supplies Corporation (SUPPLYCO) ordered as per communication dated 23.02.2021 (Ext.P3) and also seeks for a direction to the respondents to ensure that the members of the petitioner are engaged for the loading and unloading work of rationed articles irrespective of the place where goods are stored by the respondents after declaring their exclusive right to do such works.

2. Petitioner purports to be a Co-ordination Committee of a labour union and claims to carry out the loading and unloading work in the godowns where the SUPPLYCO store the ration articles for supply. According to the petitioner, during the Covid period, when the 2^nd respondent had to procure more ration articles for public distribution, it was decided to stock the goods in the godowns owned by the Central Warehousing Corporation. When the rationed articles were being stored at the aforesaid warehouses, disputes arose regarding the loading and unloading work between the workers of the Central Warehousing Corporation (for short CWC) and the members of the petitioner who were all along, allegedly, carrying on the work of loading and unloading in the godowns of SUPPLYCO. Finally, the District Collector after invoking the powers under the Disaster Management Act by Ext.P2 order directed a ratio of 50 : 50 to be maintained between the workers of CWC and that of petitioner. While the aforesaid order was remaining, the first respondent decided to shift the godowns occupied by the SUPPLYCO at a place called Vellayil and Pooladikunnu to the Central Warehousing Corporation godowns as per Ext.P3. Though petitioner has challenged Ext.P3 they have also sought for directions to ensure that petitioner's members are engaged even if the godowns are shifted to the Warehousing Corporation and also that the loading and unloading work of the ration articles which are claimed to be the exclusive work of the members of the petitioner be permitted to be carried out wherever the stock of ration articles of SUPPLYCO are kept.

3. A statement has been filed by the 2^nd respondent - Civil Supplies Corporation, pointing out that in view of the implementation of the National Food Security Act, 2013, it was instructed to check the availability of godown space in the Central and State Warehousing Corporation for storage of rationed articles. The 2^nd respondent further pointed out that it does not appoint any headload workers but only appoint contractors who execute the work awarded to them and that in the private godowns of Vellayil and Pooladikunnu, many labourers are yet to take membership in the Headload Workers Welfare Board. It is also pleaded that since the two private godowns were found to be inadequate to store the allocated quantity, the Corporation decided to shift to a single large godown ra