IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 WP(C).No. 26440 of 2009(Y) -------------------------- PETITIONER(S): --------------- THE KERALA STATE CO-OPERATIVE RUBBER MARKETING FEDERATION LIMITED, GANDHI NAGAR, ERNAKULAM KOCHI-20 REP. BY ITS MANAGING DIRECTOR. BY ADVS. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SMT.SMITHA GEORGE SRI.T.RAMPRASAD UNNI RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE KADUTHURUTHY KOTTAYAM DIST. 2. THE SUPERINTENDENT OF POLICE KOTTAYAM. 3. THE INTERMIX EMPLOYEES UNION (INTUC) KATTAMPACK, KADUTHURUTHY, KOTTAYAM DIST. REP. BY ITS GENERAL SECRETARY. 4. KTUC (M) REP. BY ITS SECRETARY INTERMIX FACTORY RUBBER MARK,KATTAMPACK, KADUTHURUTHY, KOTTAYAM DIST. ADDL.R5.DISTRICT LABOUR OFFICER, KOTTAYAM. (ADDITIONAL 5TH RESPONDENT IMPLEADED AS PER ORDER DATED 9.10.2009 IN I.A. NO.12083 OF 2009) ADV. SRI.P.RAMAKRISHNAN FOR R3 & 4 GOVT. PLEADER SRI. P. RAVINDRA BABU-R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 26440/2009 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of representation dt. 26.8.2009 submitted by the Rubber Mark-Intermix Factory of the petitioner society before R1. Ext.P2: True copy of communication dt. 9.9.2009 by R3 and R4 to the petitioner. Ext.P3: True copy of representation dt. 14.9.2009 submitted on behalf of the petitioner society before R1. RESPONDENTS' EXHIBITS: Ext.R3(A): True copy of strike notice dated 28.8.09. Ext.R3(B): True copy of notice issued by the petitioner on 16/9/09. KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P. (C) NO. 26440 OF 2009 --------------------------------------------- Dated this the 9th day of October, 2009 JUDGMENT Kurian Joseph, J. This Writ Petition is filed with the following prayer: “To issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 1 and 2 police authorities to provide adequate and effective police protection to the loyal workers and employees in the office and intermix factory at Vilayamkode, Kaduthuruthi run by the petitioner and to aid the smooth functioning of the factory.” 2. By order dated 18.9.2009, the police was directed to ensure that law and order is maintained. The learned Government Pleader, on instruction, submits that the District Labour Officer, Kottayam is in seizin of the matter and as of now, there is no law and order problem. It is also submitted that the unit is not functioning in view of the strike. Learned counsel for respondents 3 and 4 submits that the strike is being conducted peacefully and there is no law and order situation. Be that as it may, in view of the interim order passed by this Court directing the police to W.P.(C) NO. 26440/2009 2 ensure that law and order is maintained and in view of the intervening development of the District Labour Officer making attempts for conciliation, no further orders are necessary, except to direct the parties to co-operate with the District Labour Officer in the conciliation. Accordingly, the Writ Petition is disposed of in terms of the interim order dated 18.9.2009. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C) NO. 26440/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO.26440/2009 JUDGMENT 9th October, 2009 W.P.(C) NO. 26440/2009 4