IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 WP(C).No. 26646 of 2011(E) -------------------------------------- PETITIONER: ----------------- INDIAN RARE EARTHS LIMITED, CHAVARA PO, KOLLAM 691 583,REPRESENTED BY ITS UNIT HEAD MR.P.F.JOSEPH. BY ADVS. SRI.E.K.NANDAKUMAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH RESPONDENTS: ----------------------- 1. THE IRE MINERALS DIVISION EMPLOYEES UNION(UTUC-B),CHAVARA PO, KOLLAM 691 583, REPRESENTED BY ITS GENERAL SECRETARY. 2. THE KERALA MINERALS EMPLOYEES CONGRESS (INTUC)CHAVARA PO, KOLLAM 691 583, REPRESENTED BY ITS GENERAL SECRETARY. 3. THE TRAVANCORE MINERALS WORKERS UNION (UTUC),CHAVARA PO, KOLLAM 691 583, REPRESENTED BY ITS GENERAL SECRETARY. 4. THE INDIAN RARE EARTHS EMPLOYEES FEDERATION (CITU),CHAVARA PO, KOLLAM 691 583, REPRESENTED BY ITS GENERAL SECRETARY. 5. THE KERALA MINERALS EMPLOYEES ASSOCIATION (AITUC),CHAVARA PO, KOLLAM 691 583, REPRESENTED BY ITS GENERAL SECRETARY. 6. THE INDIAN RARE EARTH MAZDDOOR SANGH(BMS CHAVARA PO, KOLLAM 691 583, REPRESENTED BY ITS GENERAL SECRETARY. 7. THE IRE CIVIL WORKERS CONGRESS(INTUC) CHAVARA PO, KOLLAM 691 583, REPRESENTED BY ITS PRESIDENT. 8. THE IRE CONTRACT WORKERS UNION(AITUC) CHAVARA PO, KOLLAM 691 583, REPRESENTED BY ITS PRESIDENT. 9. THE IRE LOADING UNLOADING GENERAL WORKERS UNION(CITU),CHAVARA PO, KOLLAM 691 583, REPRESENTED BY ITS PRESIDENT. 10. THE IRE LANDING & LOADING CONSTRUCTION WORKERS UNION (UTUC-B),CHAVARA PO, KOLLAM 691 583, REPRESENTED BY ITS PRESIDENT. 11. THE IRE QUILON DISTRICT MINERALS SHIPPING WORKERS CONGRESS (INTUC) CHAVARA PO, KOLLAM 691 583, REPRESENTED BY ITS PRESIDENT. 12. THE MINERAL TRANSPORTING WORKERS UNION, CHAVARA PO, KOLLAM 691 583, REPRESENTED BY ITS PRESIDENT. 13. THE PORT WORKMEN'S UNION (UTUC-B) CHAVARA PO, KOLLAM 691 583, REPRESENTED BY ITS GENERAL SECRETARY. 14. THE PORT WORKERS UNION (UTUC), CHAVARA PO, KOLLAM 691 583, REPRESENTED BY ITS GENERAL SECRETARY. 15. BHARATHIYA MAZDOOR SANGH, KARUNAGAPPALLY MEKHALA COMMITTEE,BMS OFFICE, ADVOCATE LANE,KARUNGAPPALLY 690 518, REPRESENTED BY ITS PRESIDENT. 16. SRI,SEPARIAN,S/O.JOSEPH,ERAVELIL VEEDU,KARITHURA,CHAVARA PO, KOLLAM 691 583. 17. SRI.S.JOSEPH,S/O.SIMON,CHRISTOPHER MANDIRAM,KARITHURA,CHAVARA PO, KOLLAM 691 583. 18. SRI.E.YOHANNAN,BLAKATH VEEDU, KARITHURA,CHAVARA PO, KOLLAM 691 583. 19. SRI.JUSTIN JOHN,KASPARU PURAYIDOM, KARITHURA,CHAVARA PO, KOLLAM 691 583. 20. SMT.BIATRIC XAVIER,W/O.A.SAVIER, ERAVELIL EMIL DALE, EDATHURUTHU, KARITHURA,CHAVARA PO, KOLLAM 691 583. 21. SRI.SEBASTIAN AMBROSE,S/O.AMBROSE, NIBIN MANDIRAM,KULANGARABHAGOM, CHAVARA PO, KOLLAM 691 583. 22. SRI.J.CHRISTOPHER,S/O.S.JOSEPH, CHRISTOPHER MANDIRAM, KARITHURA,CHAVARA PO, KOLLAM 691 583. 23. SRI.SURESH BABU,MANGALATHU VEEDU, PUTHENTHURA PO, NEENDAKARA 691 583. 24. THE COMMISSIONER OF POLICE, KOLLAM CITY,KOLLAM 691 001. 25. THE DEPUTY SUPERINTENDENT OF POLICE, KARUNAKAPPALLY, KOLLAM 690 518. 26. THE CIRCLE INSPECTOR OF POLICE, CHAVARA , KOLLAM 691 583. 27. THE SUB INSPECTOR OF POLICE, CHAVARA , KOLLAM 691 583. R3 & R4 BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) R 2,5,6 TO 9,16,17, 20 TO 22 ADVS SRI.B.ASHOK SHENOY SMT.LAKSHMI B.SHENOY R24 TO R 27 BY GOVT. PLEADER SRI.M.K. ABOOBACKER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AMG W.P (C) No. 26646/2011 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE GO MS NO.159/81/HOME DATED 4/12/1981. EXHIBIT P2 TRUE COPY OF THE DECISION DATED 27/9/2011 ISSUED BY THE PETITIONER. EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 28/9/2011 SUBMITTED BY THE PETITIONER BEFORE THE 24TH RESPONDENT. EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 29/9/2011 SUBMITTED BY THE PETITIONER BEFORE THE 27TH RESPONDENT. EXHIBIT P5 TRUE COPY OF THE DEMAND NOTICE DATED NIL EXHIBIT P6 TRUE COPY OF THE NOTICE DATED NIL. EXHIBIT P7 TRUE COPY OF THE COMPLAINT DATED 7/10/2011 SUBMITTED BY THE PETITIONER BEFORE THE 27TH RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R3(a) : TRUE COPY OF THE DECISIONS OF THE SIGNED SETTLEMENT DATED 19-05-2008. EXT.R3(b) : TRUE COPY OF THE NOTICE DATED 22-09-2011. EXT.R3(c) : TRUE COPY OF THE DECISION DATED 26-09-2011 TAKEN IN THE CHAMBER OF THE HON'BLE MINISTER. EXT.R14 (a) : TRUE COPY OF THE DECISIONS OF THE SINGNED SETTLEMENT DATED 19-05-2008. EXT.R14 (b) : TRUE COPY OF THE NOTICE DATED 22-09-2011. EXT.R14 (c) : TRUE COPY OF THE DECISION DATED 26-09-2011 TAKEN IN THE CHAMBER OF THE HON'BLE MINISTER. //TRUE COPY// P.A. TO JUDGE AMG PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- WP(C).NO. 26646 of 2011 --------------------------------- Dated this the 3rd day of November, 2011 JUDGMENT Abdul Rehim ,J. The petitioner company had filed this writ petition seeking relief of granting police protection for the free ingress and egress of its employees, customers, visitors and vehicles to and from the company which is situated at Chavara in Kollam District, and for the free transportation of raw materials as well as mineral products. Inter alia the petitioner sought direction to respondents 24 to 27 to ensure that law and order situation is maintained in the entrance of the company and its administrative office. 2. When the writ petition came up for consideration this court passed an interim order directing respondents 24 to 27 to afford adequate protection for the free ingress and egress of the employees, customers, visitors and vehicles (with materials) to and from the plant of the petitioner at Chavara in Kollam District. 3. It is submitted by learned counsel appearing for the WP(C).26646/2011 2 respondents that pursuant to the interim order effective steps have already been taken to prevent any obstruction and the petitioner's company is functioning smoothly. 4. Learned counsel appearing for some of the party respondents submitted that there exist various labour dispute with respect to various matters like claim for employment, denial of benefits etc. It is also pointed out that some settlement has been arrived and the petitioner company is bound to comply with the terms and conditions agreed upon in such settlement. However we are not proposing to go into the merits of the labour dispute existing. Party respondents will be at liberty to pursue their remedy before appropriate authorities under the relevant labour law. The writ petition is disposed of confirming the interim order without prejudice to rights of the contesting respondents to pursue the labour dispute. PIUS C. KURIAKOSE,JUDGE pmn/ C.K.ABDUL REHIM,JUDGE WP(C).26646/2011 3