IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 WP(C).No. 18480 of 2010(H) -------------------------- PETITIONER: --------------- SOUTH MALABAR GRAMIN BANK POST BOX NO.10, HEAD OFFICE MALAPPURAM, REPRESENTED BY ITS GENERAL MANAGER GEORGEKUTTY MATHEW. BY ADV. SRI.T.R.RAVI RESPONDENTS: --------------- 1. SUPERINTENDENT OF POLICE MALAPPURAM 2. SOUTH MALABAR GRAMIN BANK STAFF ASSOCIATION, SALIM BUILDINGS, CHINTHAVALAPPU, KOZHIKODE ,REPRESENTED BY ITS GENERAL SECRETARY K.B.MUHAMMED FIROZ. 3. SOUTH MALABAR GRAMIN BANK OFFICERS CONGRESS, SALIM BUILDINGS,CHINTHAVALAPPU KOZHIKODE ,REPRESENTED BY ITS GENERAL SECRETARY SRI K. JAYARAJ. 4. SOUTH MALABAR GRAMIN BANK WORKERS UNION MARARJI BHAVAN, CHINTHAVALAPPU, KOZHIKODE ,REPRESENTED BY ITS GENERAL SECRETARY P.V.SUSEEL BABU. 5. SOUTH MALABAR GRAMIN BANK WORKERS UNION MARARJI BHAVAN, CHINTHAVALAPPU, KOZHIKODE ,REPRESENTED BY ITS GENERAL SECRETARY P.V.SUSEEL BABU. 6. SOUTH MALABAR GRAMIN BANK STAFF UNION CENTRAL OFFICE, MALAPPURAM, REPRESENTED BY ITS GENERAL SECRETARY K.UNNIKRISHNAN. 7. SOUTH MALABAR GRAMIN BANK OFFICERS ASSOCIATION, CENTRAL OFFICE, MALAPPURAM,REPRESENTED BY ITS GENERAL SECRETARY O.PRAJITH KUMAR. G.P. SHRI T K VIPINDAS FOR R1 ADV. SRI.K.M.JAMALUDHEEN FOR R2-7 SMT.LATHA PRABHAKARAN FOR R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18480 of 2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF NOTICE EXT.P2 : TRUE COPY OF CIRCULAR DT. 9.6.10 EXT.P3 : TRUE COPY OF THE LETTER DT.11.6.10. RESPONDENTS' EXHIBITS: NIL // TRUE COPY // K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 18480 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of June, 2010 JUDGMENT Joseph, J. The petitioner has approached this court seeking the following reliefs: i) issue a writ of mandamus directing the first respondent to afford adequate protection to the life of the executives, officers and staff, who come for attending duty at the Head office of the Bank on 23.6.2010. ii) direct the first respondent to ensure that the members of respondents 2 to 7 and others do not obstruct the executives, officers and staff of the Bank, who come to the Head office for attending their duties and prevent their ingress and egress to and from the Head office of the petitioner at Malappuram. 2 iii) direct the first respondent to ensure that respondents 2 to 7 and its members do not trespass into the premises of the Bank at its Head office and conduct hunger strike, demonstrations, Dharna and Gherao inside the Head Office compound or commit any waste or affect the smooth functioning of the Head office.” 2. The petitioner has approached this Court for police protection against respondents 2 to 7, who are allegedly not recognised Unions. Ext.P1 is the notice and Ext.P2 is the Circular issued by the Joint Forum informing the employees about the proposed agitations in front of the Head office of the Bank. The petitioner apprehends that under the guise of demonstration the participating employees may prevent those employees who are willing to attend their duties. The petitioner is concerned about the safety of the Bank also. Petitioner submitted Ext.P3 representation before the first respondent. 3. Learned counsel for the petitioner brings to our notice that interim orders were passed by this Court. He submits that despite the orders of this Court, they made attempts to obstruct and the police had to intervene and criminal cases were also registered. 3 4. Learned counsel for the party respondents would submit that they have no objection in prayer Nos. 1 and 2 being granted. Regarding the third prayer is concerned, it is submitted that they propose to conduct a hunger strike and they will not in the guise of hunger strike cause any obstruction to the parking of the cars or in any way block the ingress and egress of the employees, who are willing to attend their duties. It is also submitted that they will not commit any destruction to the property of the petitioner Bank. 5. We record the said submission of the learned counsel for respondents 2 to 7. We direct the first respondent to give adequate protection to the lives of the executives, officers and staff, who come for attending duty at the Head office of the Bank on 23.6.2010 as against any obstruction from the members of respondents 2 to 7. There will be a further direction to the first respondent to ensure that members of respondents 2 to 7 do not obstruct the executives, officers and staff of the bank, who come to the Head office for attending their duties or preventing their ingress and egress to and from the Head office of the petitioner bank at Malappuram. We further direct that the 4 first respondent will ensure that the members of respondents 2 to 7, under the guise of hunger strike, which they can do only outside the bank building, do not obstruct the parking of the cars or functioning of the bank or commit any waste or obstruction to the ingress and egress of the executives, officers and staff, who come to attend their duties on 23.6.2010 or the smooth functioning of the Head office of the Bank. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm