Research › Search › Judgment

Kerala High Court · body

2015 DIGILAW 312 (KER)

All India LPG Distributors Federation v. Police Commissioner, Thiruvananthapuram

2015-04-06

K.HARILAL, THOTTATHIL B.RADHAKRISHNAN

body2015
Judgment :- Thottathil B.Radhakrishnan, J. 1. Heard the learned senior counsel for the petitioner in W.P.(C). No.274 of 2015 and the learned counsel for the petitioner in W.P.(C).No.482 of 2015. We have also heard the learned State Attorney, the learned standing counsel for the Kerala Head Load Workers Welfare Fund Board and the learned counsel appearing for the oil companies. 2. The short issue that is germane to be considered at this point of time in the light of the orders minuted on 13.1.2015 and 3.2.2015 is as to whether the stand taken by the Chief Secretary of the Government of Kerala on behalf of the State of Kerala regarding the contents of S.R.O No.752 of 2013 and S.R.O.No.753 of 2013 is to be approved. 3. Notices were issued to the private respondents in W.P.(C). No.274 of 2015. Many of those notices have been served. Service of notices to the unserved respondents in W.P.(C) No.482 of 2015 is also dispensed with, having regard to the nature of the order being issued hereunder. 4. The issue projected through the orders minuted on 13.1.2015 and 3.2.2015 was pointedly as to whether the loading and unloading activities would be covered by the imposition of Kerala Essential Services Maintenance Act, 1994, for short, 'ESMA', and the prohibition of strikes in the essential services of transport and supply of Liquefied Petroleum Gas cylinders would extend to loading and unloading activities by head load workers in the course of transportation and supply of Liquefied Petroleum Gas cylinders. The affidavit sworn to by the Chief Secretary on 13.3.2015 is pointedly to the effect that since loading and unloading activities are an integral part of supply and transportation of Liquefied Petroleum Gas cylinders, those activities would also come within the ambit of S.R.O.Nos. 752 of 2013 and 753 of 2013. S.R.O.No.752 of 2013 specifically states that in exercise of the relevant powers under the provisions of ESMA, the Government of Kerala has thereby declared the services of transportation and supply of Liquefied Petroleum Gas cylinders within the State to be essential services for the purpose of that Act. The activity of transportation and supply of Liquefied Petroleum Gas cylinders would necessarily call for loading and unloading activities at different points including from the oil company, the distributors, the agents and the end consumers to whose premises the cylinders would have to be delivered. The activity of transportation and supply of Liquefied Petroleum Gas cylinders would necessarily call for loading and unloading activities at different points including from the oil company, the distributors, the agents and the end consumers to whose premises the cylinders would have to be delivered. All these activities form a chain of transactions which fall within the concept of 'transportation and supply' since the end requirement is that the consumer gets the supply at the requisite end of that consumer. Under such circumstances, we are of the view that the Chief Secretary is fully justified in taking the stand that S.R.O.Nos.752 and 753 of 2013 sufficiently cover all loading and unloading activities and all such activities in connection with transportation and supply of Liquefied Petroleum Gas cylinders in the State are essential services for the purpose of ESMA. Therefore, by virtue of the exercise of power as per those S.R.Os, all such activities, including loading and unloading of Liquefied Petroleum Gas cylinders stand covered by the provisions of ESMA. It is so clarified and declared hereby. In the light of the aforesaid, these writ petitions are ordered directing that the Government and the statutory authorities will strictly enforce the provisions of law in accordance with the afore-noted notifications and also ensure that binding settlement, if any, between the labour unions, the suppliers and the dealers is given effect to.