IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 WP(C).No. 3673 of 2011(H) ------------------------- PETITIONERS: --------------- 1. O/E/N INDIA LIMITED, REGD. OFFICE, P.B.NO.1952, VYTTILA, COCHIN-682019, REP. BY ITS MANAGING DIRECTOR MRS.PAMELA ANNA MATHEW. 2. SRI.CHERIAN VARGHESE, ASSISTANT GENERAL MANAGER-HRD O/E/N INDIA LIMITED, REGD. OFFICE, P.B.NO.1952, VYTTILA, COCHIN-682 019. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH MENON RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE SUPERINTENDENT OF POLICE, ERNAKULAM RURAL, ALUVA-683103. 3. THE DEPUTY SUPERINTENDENT OF POLICE, MUVATTUPUZHA-686661. W.P(C) NO.3673/2011 4. THE CIRCLE INSPECTOR OF POLICE, PIRAVOM-686664. 5. THE SUB INSPECTOR OF POLICE, MULANTHURUTHY-682314. 6. THE ASSISTANT COMMISSIONER OF POLICE, THRIKKAKARA, KOCHI-682021. 7. THE CIRCLE INSPECTOR OF POLICE, ERNAKULAM TOWN SOUTH, THEVARA - 682 013. 8. THE SUB INSPECTOR OF POLICE, PANANGAD - 682 506 9. O/E/N INDIA EMPLOYEES UNION, ELECTROGIRI, MULANTHURUTHY - 682 314 REPRESENTED BY ITS GENERAL SECRETARY 10. O/E/N INDIA WORKERS UNION, ELECTROGIRI, MULANTHURUTHY - 682 314 REPRESENTED BY ITS GENERAL SECRETARY 11. O/E/N INDIA EMPLOYEES ASSOCIATION, ELECTROGIRI, MULANTHURUTHY - 682 314 REPRESENTED BY ITS SECRETARY 12. THE DISTRICT LABOUR OFFICER, CIVIL STATION, KAKKANAD, ERNAKULAM, KOCHI - 682 030. GOVT.PLEADER, SMT.CHARISHMA. ADV.ASOK M.CHERIAN FOR R9 TO R11. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE NOTICE DT.14.1.2011 ISSUED BY THE RESPONDENTS 9 TO 11. EXT.P2: COPY OF THE NOTICE DT.31.1.2011 ISSUED BY THE RESPONDENTS 9 TO 11. EXT.P3: COPY OF THE LETTER DT.31.1.2011 SUBMITTED TO THE 5TH RESPONDENT. EXT.P4: COPY OF THE COMPLAINT DT.01.2.2011 FILED BY THE PETITIONER TO THE 8TH RESPONDENT. //TRUE COPY// PA TO JUDGE THOTTATHIL B. RADHAKRISHNAN & P.S.GOPINATHAN, JJ. -------------------------------------- W.P.(C).No.3673 OF 2011 -------------------------------------- Dated this the 8th day of February, 2011 J U D G M E N T ~~~~~~~~~~~ Thottathil B. Radhakrishnan, J. Service complete. A counter affidavit is stated to have been placed on record. 2. We have heard the learned counsel for the petitioners and the learned counsel appearing for the Trade Unions as also the learned Government Pleader. 3. As of now, it is beyond dispute that there are certain contentious labour issues between the parties. That has necessarily to settle down through appropriate mechanism for redressal of grievances. The disputes, if any, pending for conciliation, negotiation or adjudication as dispute will have to be necessarily carried on. However, in the interregnum, having regard to the nature of the activities of the petitioners, it is necessary that they are provided adequate police protection to W.P.(C) No.3673/2011 2 ensure ingress and egress of all necessary vehicles, men and material for the proper carrying out of the affairs of the petitioners. The Trade Unions appear to be apprehensive about the engagement of the apprentices and people who are not otherwise on the regular rolls of the petitioners. We clarify that we do not express anything on the merits of these aspects and under the guise of this judgment no apprentice would be confirmed or any other person permitted to work on permanent basis. All these will be subject to settlement between the parties. We also record that there is a training institute inside the premises of the factory of the petitioners. The work in that unit will also be permitted to be carried on smoothly. Respondent Nos.2 to 8 will ensure that there is no obstruction whatsoever for the petitioners to carry out any of the aforesaid. We further direct that respondent No.12 will take immediate steps to have a negotiated settlement or to proceed otherwise as regards the labour disputes administration. 4. We clarify that this judgment will not stand in the way of the Trade Unions having peaceful agitation without in any W.P.(C) No.3673/2011 3 manner hindering the work of the establishment. Writ Petition ordered accordingly. (THOTTATHIL B. RADHAKRISHNAN, JUDGE) (P.S.GOPINATHAN, JUDGE) ps