IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 WP(C).No. 31713 of 2011(L) -------------------------------------- PETITIONER: ------------------- PUSHPA THOMAS, AUTO FUEL CENTRE, BPC DEALER, PULAMON P.O., KOTTARAKKARA, KOLLAM - 691 531, RESIDING AT GLORIA, KRIPA NAGAR, MARKET JUNCTION, KOTTARAKKARA - 691 506. BY ADV. SMT.C.G.PREETHA. RESPONDENTS: ------------------------ 1. THE SUPERINTENDENT OF POLICE (RURAL), OFFICE OF THE SUPERINTENDENT OF POLICE (RURAL), KOTTARAKKARA, KOLLAM - 691 506. 2. THE CIRCLE INSPECTOR OF POLICE, OFFICE OF THE CIRCLE INSPECTOR OF POLICE, KOTTARAKKARA, KOLLAM - 691 506. 3. THE SUB INSPECTOR OF POLICE, KOTTARAKKARA POLICE STATION, KOTTARAKKARA, KOLLAM - 691 506. 4. THE KOLLAM JILLA GENERAL WORKERS UNION (AITUC), KOTTARAKKARA, REPRESENTED BY ITS GENERAL SECRETARY D. RAMAKRISHNA PILLAI, KOTTARAKKARA, KOLLAM - 691 506. 5. SAJI.M.R, LIJO BHAVAN, THRIKKANNAMANGAL.P.O., KOTTARAKKARA, KOLLAM - 691 531. W.P.(C).NO.31713/2011-L: 6. JOHNKUTTY.P, VARYAMKONA, KIZHAKKATHIL, THRIKKANNAMANGAL.P.O., KOTTARAKKARA, KOLLAM - 691 531. 7. THE DISTRICT LABOUR OFFICER, OFFICE OF THE DISTRICT LABOUR OFFICER, CIVIL STATION.P.O., KOLLAM - 691 013. R1 TO R3 & R7 BY SR. GOVT. PLEADER SRI. M.K. ABOOBACKER, R4,R5 & R6 BY ADV. SRI.SYAM J. SAM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.31713/2011-L: APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: A TRUE COPY OF THE NOTICE DT.NIL ISSUED TO THE 5TH RESPONDENT. EXT.P2: A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, KOLLAM EXT.P3: A TRUE COPY OF THE DT.28.10.2011 ISSUED TO THE 6TH RESPONDENT. EXT.P4: A TRUE COPY OF THE LETTER DT.28.10.2011 SENT TO THE 4TH RESPONDENT BY THE PETITIONER. EXT.P5: A TRUE COPY OF THE NOTICE DT.3.11.2011 ISSUED TO THE PETITIONER BY THE DISTRICT LABOUR OFFICER, KOLLAM. EXT.P6: A TRUE COPY OF THE REPRESENTATION DT.23.11.2011 SUBMITTED BEFORE THE SUPERINTENDENT OF POLICE (RURAL ) KOTTARAKKARA BY THE PETITIONER. EXT.P7: A TRUE COPY OF THE REPRESENTATION DT.23.11.2011 SUBMITTED BEFORE THE CIRCLE INSPECTOR OF POLICE, KOTTARAKKARA BY THE PETITIONER. EXT.P8: A TRUE COPY OF THE REPRESENTATION DT.23.11.2011 SUBMITTED BEFORE THE SUB INSPECTOR OF POLICE OF POLICE, KOTTARAKKARA BY THE PETITIONER. EXT.P9: A TRUE COPY OF THE JUDGMENT DT.16.09.2009 IN WPC.25405/2009 PASSED BY THIS HON'BLE COURT. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ W.P.(C) NO. 31713 OF 2011 ------------------------ Dated this the 7th day of December, 2011 JUDGMENT Pius C.Kuriakose, J. On considering this writ petition filed by the petitioner, who conducts an Auto Fuel Centre, at Pulamon near Kottarakkara , seeking police protection for herself , her willing workers and also for running Auto Fuel Centre, this court on 29/11/2011 issued the following interim orders; "2. Post on 6/12/2011. In the meanwhile, the 3rd respondent is directed to take up Ext.P8 immediately and to conduct an enquiry into the same. If the enquiry reveals that there is threat to the lives of the petitioner and for willing workers from respondents Nos. 5, 6 and members of the 4th respondent, who are engaged in the strike, the 3rd respondent shall take such action as is necessary for ensuring that the lives of the petitioner and her willing workers are safe. WPC.No.31713/2011 2 There will be a further direction to the 3rd respondent to afford requisite protection to the petitioner, her willing workers - Abraham, Kumari, Manju, Raju.K. and P.T.Varghese for working in the petitioner's petrol pump by name Auto Fuel Centre near Pulamon Junction, Kottarakkara. " 2. Smt.C.G.Preetha learned counsel for the petitioner submitted that the above interim order has granted some relief to the petitioner and she requested that the same be confirmed. 3. The learned counsel for respondents 5 and 6 submitted that the labour dispute has been raised by the respondents 5 and 6 before the 7th respondent and that the 7th respondent has already initiated conciliation proceedings. 4. Under the above circumstances, we dispose of this writ petition issuing the the following orders; Interim order already quoted above is confirmed. The petitioner and respondents 5 and 6 are directed to participate in the conciliation proceedings presently initiated by the 7th WPC.No.31713/2011 3 respondent. The 7th respondent is directed to expedite matters and take a correct decision in the dispute with the participation of petitioners and respondents 5 and 6 in accordance with law at the earliest and at any rate within one month of receiving a copy of this judgment. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk WPC.No.31713/2011 4 WPC.No.31713/2011 5 PIUS C.KURIAKOSE & K. HARILAL, JJ. ------------------------ W.P.(C).No. 31713 OF 2011 ------------------------ Dated this the 29th day of November, 2011 O R D E R Pius C.Kuriakose, J. Issue notice on admission by special messenger to Respondents 4 to 6. The State Attorney takes notice on behalf of respondents 1,2,3 & 7. The State Attorney will seek instructions from the 7th respondent as to the status of the conciliation proceedings. 2. Post on 6/12/2011. In the meanwhile, the 3rd WPC.No.31713/2011 6 respondent is directed to take up Ext.P8 immediately and to conduct an enquiry into the same. If the enquiry reveals that there is threat to the lives of the petitioner and for willing workers from respondents Nos. 5, 6 and members of the 4th respondent, who are engaged in the strike, the 3rd respondent shall take such action as is necessary for ensuring that the lives of the petitioner and her willing workers are safe. There will be a further direction to the 3rd respondent to afford requisite protection to the petitioner, her willing workers - Abraham, Kumari, Manju, Raju.K. and P.T.Varghese for working in the petitioner's petrol pump by name Auto Fuel Centre near Pulamon Junction, Kottarakkara. PIUS C.KURIAKOSE,JUDGE K. HARILAL, JUDGE. dpk WPC.No.31713/2011 7