IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 WP(C).No. 24141 of 2011(P) -------------------------------- PETITIONER(S): ----------------- M/S.SHAPOORJI PALLONJI CO. LTD., REP. BY ITS MANAGER (ADMINISTRATION), CONSTRUCTION SITE OF INDIAN INSTITUTE OF SCIENCE AND TECHNOLOGY, VALIYAMALA, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.THOMAS ABRAHAM SRI.V.PRATHAPACHANDRAN SMT.MERCIAMMA MATHEW SRI.K.S.HARIDAS SRI.RENJITH KUMAR RESPONDENT(S): -------------------- 1. DIRECTOR GENERAL OF POLICE, KERALA STATE, THIRUVANANTHAPURAM-695001. 2. DISTRICT SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM RURAL, THIRUVANANTHAPURAM, PIN-695001. 3. CIRCLE INSPECTOR OF POLICE, NEDUMANGAD, THIRUVANANTHAPURAM-695541. 4. SUB INSPECTOR OF POLICE, VALIYAMALA POLICE STATION, NEDUMANGAD-695547. 5. SRI.VATTAPPARA CHANDRAN, SECRETARY, HEADLOAD AND GENERAL WORKERS UNION, INTUC, VALIYAMALA, NEDUMANGAD, THIRUVANANTHAPURAM-695547. WP(C).No. 24141 of 2011(P) -2- 6. SRI.R.MANI CONVENOR, CITU, VALIYAMALA, NEDUMANGAD, THIRUVANANTHAPURAM-695547. 7. SRI.G.K.AJITH, GENERAL SECRETARY, THIRUVANANTHAPURAM JILLA GENERAL MAZDOOR SANGHAM (BMS), VALIYAMALA, NEDUMANGAD, THIRUVANANTHAPURAM-695547. 8. SRI.NETHRACHIRAI JAYAN, SECRETARY, JILLA HEADLOAD WORKERS CONGRESS INTUC (I), VALIYAMALA, NEDUMANGAD, THIRUVANANTHAPURAM-695547. 9. SRI.D.SUNIL, CONVENOR, INTUC (I), VALIYAMALA, NEDUMANGAD, THIRUVANANTHAPURAM-695547. 10. SRI.UNNI, CONVENOR, BMS, VALIYAMALA, NEDUMANGAD, THIRUVANANTHAPURAM-695547. 11. ASSISTANT LABOUR COMMISSIONER(CENTRAL), UPPALAM ROAD, VANCHIYOOR, THIRUVANANTHAPURAM.-695007. ADV. SRI.P.MURALEEDHARAN, CGC FOR R11 SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR SR. GOVERNMENT PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.24141 of 2011 ------------------------------------------------ Dated this the 4th day of November, 2011 JUDGMENT Pius C. Kuriakose, J Sri.Thomas Abraham submitted that on the strength of the protection orders issued by this Court, the petitioner/Company was able to re-start its operations. He submitted that further reliefs are not necessary for the petitioner. We record the above submission and dispose of the Writ Petition directing the police to keep vigil and to ensure that no law and order situation arises on account of the dispute between the parties. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- W. P. C. No.24141 of 2011 -2- W. P. C. No.24141 of 2011 -3- PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.24141 of 2011 ------------------------------------------------ Dated this the 21st day of October, 2011 ORDER Pius C. Kuriakose, J Sri.T.A.Unnikrishnan appearing for the party respondents sought for time till 27/10/11 as he wanted to seek instructions regarding the correctness of certain averments in the reply affidavit, copy of which is served on him only this morning. Sri.Thomas Abraham counsel for the petitioner would draw our attention to Ext.P10 and submit that on account of the continuing assaults and interventions of the workers who are allegiant to the respondents' unions, the entire work has come to a stalemate and the petitioner company stands the risk of being proceeded against for violation of the terms of the contract and for damages. Several functionaries of the petitioner company including W. P. C. No.24141 of 2011 -4- the site supervisors are in the hospital for treatment for the injuries sustained in the assaults made by the workers who owe allegiance to the party respondents. Post on 25/10/11. 2. In the meanwhile, there will be a direction to respondents 1 to 4 to abide by all the directions contained in Ext.P2 judgment which we have already issued in favour of the petitioner/company. It should be ensured that there is no threat to the lives and properties of the petitioner company, their management staff and their willing workers while carrying out construction work in IIST site at Valiamala in Thiruvananthapuram. The Government Pleader will seek instructions from the concerned Police Officer as to what if any is the action taken by the police on the basis of Ext.P10 petition and on the basis of any intimation received from the hospital authorities where the petitioners' people have been admitted. If crimes have been registered the name and addresses of persons arrayed as accused should also be W. P. C. No.24141 of 2011 -5- sought for. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- C. K. ABDUL REHIM JUDGE kns/- //True Copy// P. A. to Judge