IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 WP(C).No. 38332 of 2007(L) --------------------------------------- PETITIONER: ---------------------- THE GENERAL SECRETARY, EZHUTHACHAN COLLEGE OF PHARMACEUTICAL SCIENCES, MARAYAMUTTOM, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.C.J.JOY SRI.KURIAKOSE G.THEKKEL RESPONDENTS: ------------------------- 1. THE DY. SUPERINTENDENT OF POLICE, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT. 2. THE CIRCLE INSPECTOR OF POLICE, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT. 3. SUB INSPECTOR OF POLICE, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT. 4. SUBHA LOLITHA JAMES.R, SREYA BHAVAN, KOOTTILIKKONAM, MARUTHATHUR, CHAIKKTTUKONAM P.O., THIRUVANANTHAPURAM DISTRICT. 5. SREEKANTH G.S., AMBALATHARA VEEDU, MARAYAMUTTOM P.O., NEYYANTTINKARA, THIRUVANANTHAPURAM-695131. 6. RAJAN.J., ANI BHAVAN, MALAKKULANGARA, MARAYAMUTTOM P.O., NEYYATTINKARA, TRIVANDRUM 695131. Kss ..2/- ...2.... WPC.NO.38332/2007 L 7. RAJAN K.NAIR, PUNARTHAM, VENCODE, CHERIYAKOLLA P.O., TRIVANDRUM-695524. 8. GREESHA A.S., PLAVILA VEEDU, SINGARAMUKHAM, VELLANAD P.O., TRIVANDRUM 695543. 9. AJIKUMAR.S, SYAMALA VILASAM BUNGALOW, MARAYAMUTTOM P.O., THIRUVANANTHAPURAM-695131. 10. SUBIN KUMAR N.C., KRISHNA KRIPA, MARAYAMUTTOM P.O., NEYYATTINKARA, THIRUVANANTHAPURAM-695131. 11. SREEKANTH S.S., SREEKANTH NIVAS, AYIROOR, PERUMKADAVILA P.O., THIRUVANANTHAPURAM. 12. VINOD V.R., KUZHIVILAKATHU VEEDU, KALLUVILA, NEYYATTINKARA, TRIVANDRUM 695131. 13. REJI K.P., LATHA NIVAS, DHANUVACHAPURAM P.O., KOTTAMAM, THIRUVANANTHAPURAM 695131. BY GOVERNMENT PLEADER SRI.K.SANDESH RAJA BY ADV. SRI.G.SUDHEER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.38332/2007 L APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REPRESENTATION DTD. 17/12/2007 SUBMITTED TO THE 3RD RESPONDENT. EXT.P2: COPY OF THE REPRESENTATION DTD. 17/12/2007 SUBMITTED TO THE 2ND RESPONDENT. EXT.P3: COPY OF THE REPRESENTATION DTD. 17/12/2007 SUBMITTED TO THE FIRST RESPONDENT. EXT.P4: COPY OF THE REPRESENTATION DTD. 21/12/2007 SUBMITTED TO THE 1ST RESPONDENT. 5TH RESPONDENT'S EXHIBITS: EXT.R5(A): COPY OF REPRESENTATION DTD. 7/11/2007 SUBMITTED BY THE 33 EMPLOYEES BEFORE THE PETITIONER BY THE STAFF EMPLOYEES ASSOCIATION. EXT.R5(B); COPY OF THE PETITION SUBMITTED BEFORE THE REGIONAL PROVIDENT FUND COMMISSION, THIRUVANANTHAPURAM. EXT.R5(C): COPY OF THE SHOW CAUSE NOTICE ISSUED TO 9TH RESPONDENT DTD. 29/12/2007. EXT.R5(D): COPY OF THE SUSPENSION ORDER NO.ENA/HO/602(A)2007-2008 DTD. 1/1/2007. /TRUE COPY/ P.S.TO JUDGE Kss K.Balakrishnan Nair & P.N.Ravindran, JJ. ======================== W.P(C).No.38332 of 2007 ======================== Dated this the 1st day of February, 2008. JUDGMENT Balakrishnan Nair,J. The petitioner is running a self-financing College in Pharmaceutical Sciences. This writ petition is filed seeking police protection against respondents 4 to 13 for running the College smoothly. In the College, one Smt. Sudha was being employed on temporary basis as Photostat Machine Operator. When the machine broke down, she was asked to report for duty only after the machine is repaired. The party respondents joined together, seized the attendance register and allowed the said Smt. Sudha to affix her signature in the attendance register, on the next day. The party respondents also trespassed into the office of the Principal and shouted slogans against him. The conduct of the said respondents was not conducive to the running of the educational institution. So, he filed Exts.P1 to P3 representations before the police. As instructed by the police, a conciliation WP(C) 38332/07 -: 2 :- conference was held between the management and the employees on 18.12.2007. But the conciliatory efforts did not yield any results. Thereafter, on the same day, the employees attacked the Public Relations Officer of the College and staff and because of that, the College has to be closed, a day ahead of the date fixed for closing. Pointing out these facts, the writ petitioner preferred Ext.P4 representation before the Deputy Superintendent of Police, Neyyattinkara. When the police did not extent any helping hand for running the College, this writ petition was filed seeking appropriate reliefs. 2. The fifth respondent has filed a counter affidavit in which it is submitted that respondents 4 to 13 are the employees of the College. They were appointed after receiving substantial amounts from them for which the petitioner has not given receipts. They were not being paid any annual increments. The provident fund amount due was not being deposited by the petitioner. These are the reasons for the dispute between the management and the employees. The employees also denied the allegations of the petitioner against them. The learned Government Pleader upon instructions submitted that there is a WP(C) 38332/07 -: 3 :- dispute between the management and the employees regarding the terms of the employment. The parties were directed by the police to maintain law and order, it is submitted. 3. We feel that if the employees of the petitioner are misbehaving, the police cannot be asked to go to the College and stand guard. Of course, if any cognisable offence is committed or any law and order problem is created, on being alerted, the police shall look into the same and take appropriate action. The petitioner has to settle the dispute with its employees by negotiation or by approaching other forums. Writ petition is disposed of as above. K.Balakrishnan Nair, Judge. P.N.Ravindran, Judge. ess 1/2