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 8TH JULY 2011 / 17TH ASHADHA 1933 WP(C).No. 17847 of 2011(E) -------------------------- PETITIONER(S): --------------- PREMI BHASKAR, AGED 57 YEARS, WIFE OF K.S.BHASKARAN, PROPRIETRESS, BHASKAR GAS AGENCY, WEST HILL, KOZHIKODE-673005. BY ADV. SRI.B.ASHOK SHENOY SMT.LAKSHMI B.SHENOY RESPONDENT(S): --------------- 1. THE ADDITIONAL DIRECTOR GENERAL OF POLICE, NORTH ZONE, KOZHIKODE-673011. 2. THE CIRCLE INSPECTOR OF POLICE, NADAKKAVU, KOZHIKODE-673011. 3. THE SUB INSPECTOR OF POLICE, ELATHUR POLICE STATION, ELATHUR, KOZHIKODE-673303. 4. ALL KERALA GAS AGENCIES THOZHILALI UNION (CITU), KOZHIKODE DISTRICT COMMITTEE, KOZHIKODE, REP. BY ITS CONVENER, SURESH M.V., MURINGALATH HOUSE, NEAR KUNDUPARAMBU BRIDGE, KUNDUPARAMBU, KOZHIKODE-673005. 5. SURESH M.V., MURINGALATH HOUSE, NEAR KUNDUPARAMBU BRIDGE, KUNDUPARAMBU, KOZHKODE-673005. 6. SATHYANANDAN, MANATHANATHU THAZHATHU, MORIKKARA P.O. 673611, KOZHIKODE. 7. SANOOB, BHAVANA HOUSE, KAKKODI, MORIKKARA P.O., 673611, KOZHIKODE. 8. SAJNEESH, NAYANA HOUSE, ANNASSERY P.O., 673317, KOZHIKODE. ADV. SMT.SUMATHY DANDAPANI, SENIOR ADVOCATE FOR R5-8 SRI.MILLU DANDAPANI FOR R5-8 SRI.MILLU DANDAPANI FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.17847/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF COMPLAINT DATED NIL RECEIVED BY PETITIONER FROM V.P.VISALAKSHI. EXT.P2: COPY OF REPLY LETTER DATED NIL SUBMITTED BY 8TH RESPONDENT TO PETITIONER. EXT.P3: COPY OF REPRESENTATION DATED 24/6/2011 SUBMITTED TO PETITIONER BY SHRI BIJOY, AISWARYA, JAYESH AND SUNIL. EXT.P4: COPY OF REPRESENTATION DATED 24/6/2011 SUBMITTED TO PETITIONER BY SRI.SHABU, SAISHITH, RAJEEVAN, HUSSAIN KOYA AND SIRAJ. EXT.P5: COPY OF COMPLAINT DATE 25/6/2011 SUBMITTED BY PETITIONER TO 1ST RESPONDENT. EXT.P6: COPY OF COMPLAINT DATED 25/6/2011 SUBMITTED BY PETITIONER TO 2ND RESPONDENT. EXT.P7: COPY OF COMPLAINT DATED 25/6/2011 SUBMITTED BY PETITIONER TO 3RD RESPONDENT. EXT.P8: COPY OF ACKNOLWEDGEMENT NO.B2-15396/2011/NZ DATED 25/6/2011 ISSUED TO PETITIONER BY 1ST RESPONDENT. RESPONDENTS EXHIBITS: EXT.R5(A): COPY OF THE UNSIGNED AGREEMENT DATED 17/6/2011. EXT.R5(B): COPY OF COMPLAINT SUBMITTED BY RESPONDENTS 5 TO 8 BEFORE THE DISTRICT COMMITTEE OF ALL KERALA GAS AGENCIES LABOUR UNION, DATED 20/6/2011. EXT.R5(C): COPY OF THE LETTER DATED 21/6/2011 ISSUED BY THE SECRETARY OF THE ALL KERALA GAS AGENCIES LABOUR UNION. EXT.R5(D): COPY OF THE PETITION ISSUED BY THE SECRETARY OF ALL KERALA GAS AGENCIES LABOUR UNION TO SUB INSPECTOR OF POLICE, ELATHUR POIICE STATION, DATED 23/6/2011. EXT.R5(E): COPY OF THE LETTER DATED 23/6/2011 ISUED BY THE SECRETARY OF THE ALL KERALA GAS AGENCIES LABOUR UNION TO THE DISTRICT LABOUR OFFICER, KOZHIKODE. EXT.R5(F): COPY OF THE NOTICE ISSUED BY THE DISTRICT LABOUR OFFICER, KOZHIKODE. EXT.R5(G): COPY OF THE COMPLAINT SUBMITTED BY THE SECRETARY OF THE ALL KERALA GAS AGENCIES LABOUR UNION TO THE DISTRICT COLLECTOR, KOZHIKODE DATED 3/7/2011. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 17847 OF 2011 ------------------------ Dated this the 8th day of July, 2011 JUDGMENT Pius C.Kuriakose, J. This writ petition is filed by the petitioner, a lady, conducting a gas agency seeking the following reliefs; a). Issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding respondents nos. 1 to 3 to afford adequate and effective police protection to petitioner, her customers as also her employees and workers who are ready and willing to work, for their ingress and egress to and fro petitioner's office at Door No.1/260B at West Hill in Kozhikode and godown situated at Door No.38/1731 at Kanoli Kanal Road, WPC.No.17847/2011 2 Near Kunduparambu Palam Bus Stop, Edakkad in Kozhikode and for its due functioning as also for discharge of their duties and works of distributing Liquifieid Petroleum Gas; b). Issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding respondents nos. 1 to 3 to prevent all obstructions caused by respondents nos. 4 to 8 and their henchmen to petitioner, her customers as also her employees and workers who are ready and willing to work from entering or leaving petitioner's office at Door No.1/260B at West Hill in Kozhikode and godown being situated at Door No.38/1731 at Kanoli Kanal Road, Near Kunduparambu Palam Bus Stop, Edakkad in Kozhikode, and its functioning as also discharge of duties and works of distributing Liquified Petroleum Gas by willing employees and workers; and WPC.No.17847/2011 3 c). Grant such other and further reliefs as are deemed just and necessary in the facts and circumstances of the case including the costs of this proceedings' as also; 2. This court on considering the petition for admission on 1/7/2011 passed the following order; "Heard. Admitted. Notice given and the learned Government Pleader appears for respondents 1 to 3. Issue notice to respondents 4 to 8. The learned counsel for the petitioner prays and is accordingly permitted to take out notice to respondents 4 to 8 by special messenger. Verify service and call again on 6/7/2011. There shall be an interim direction that respondents 2 and 3 shall afford adequate police protection for the petitioner and willing workers of the petitioner to bring in and remove L.P.G. gas cylinders from the WPC.No.17847/2011 4 establishment of the petitioner against any obstructions that are raised by respondents 4 to 8 till the next date of posting i.e. 6/7/2011." 3. Today the party respondents entered appearance and filed counter. 4. We have heard the submissions of Smt.Lakshmi B.Shenoy learned counsel for the petitioner and Smt.Sumathi Dandapani, learned counsel for the party respondents. Smt.Sumathi Dandapani submitted that respondents 5 to 8 who are regular employees of the petitioner, have not been paid their wages for years and therefore complaint is pending before the District Labour Officer. The District Labour Officer had in fact issued notice directing the petitioner to appear before him and it is without disclosing that, the writ petition has been filed for police protection. There is absolutely no law and order situation and respondents 5 to 8 never obstructed the conduct of business by the petitioner. 5. Smt.Lakshmi B.Shenoy, learned counsel for the petitioner submitted in reply that the petitioner has already appeared WPC.No.17847/2011 5 before the Labour Officer and the conciliation proceedings are yet to be finalised. 6. Having considered the rival submissions addressed at the Bar, we are of the view that this writ petition can be disposed of confirming the interim order of protection passed by this court on 1/7/2011. Accordingly, we confirm the interim order of police protection passed on 1/7/2011. We make it clear that this order will not cause any prejudice to respondents 5 to 8 in the conciliation proceedings presently pending before the Labour Officer. We record the submission of the learned counsel for the petitioner that the petitioner will participate in the proceedings before the Labour Officer. The writ petition is disposed of as above. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk