IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 29TH MARCH 2011 / 8TH CHAITHRA 1933 WP(C).No. 9558 of 2011(T) -------------------------------- PETITIONER(S): ------------------- 1. K.S.E.LIMITED, P.B.NO.20, IRINJALAKUDA-680 121, REPRESENTED BY ITS CHIEF GENERAL MANAGER, MR. ANAND MENON. 2. MR. VIJAYAKUMAR K.,DAIRY MANAGER, K.S.E.LIMITED, DAIRY DIVISION, KONIKKARA, MARATHAKKARA P.O., TRICHUR DISTRICT-680 320. BY ADVS. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS RESPONDENT(S): --------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. SUPERINTENDENT OF POLICE,TRICHUR-680 001. 3. THE CIRCLE INSPECTOR OF POLICE, OLLUR, TRICHUR DISTRICT-680 306. 4. THE SUB INSPECTOR OF POLICE, OLLUR POLICE STATION, OLLUR-680 306. 5. K.S.E. DAIRY EMPLOYEES UNION, (AITUC), R.V.SMARAKA MANDIRAM, AMBALLUR, PUDUKKAD P.O., PIN-680 301, REPRESENTED BY ITS VICE PRESIDENT, MR. P.G.MOHANAN. 6. K.S.E. LIMITED DAIRY DIVISION EMPLOYEES UNION (INTUC), KONIKKARA P.O., MARATHAKKARA, THRISSUR-680 320, REPRESENTED BY ITS SECRETARY, MR. P.S.KUMAR. R1 TO R4 BY GOVTLPLEADER SMT.C.M.CHARISMA R5,6 BY ADVS. SRI.A.JAYASANKAR SRI.MANU GOVIND THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 9558/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE SETTLEMENT DATED 25/03/2010. P2: COPY OF THE STRIKE NOTICE DATED 02/03/2011 GIVEN BY THE 5TH RESPONDENT TO THE PETITIONERS. P3: COPY OF THE COMPLAINT DATED 23/03/2011 SUBMITTED BY THE PETITIONERS BEFORE THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.9558 of 2011-T ***************************** Dated this the 29th day of March, 2011 JUDGMENT BASANT, J. Petitioners have come to this Court with this petition for issue of directions to respondents 1 to 4 under Article 226 of the Constitution of India to afford protection to the petitioner for the peaceful and orderly functioning of the unit at Konikkara in Trichur owned by KSE Limited. Respondents 5 and 6 are trade unions of employees in the unit. According to the petitioners, the long term settlement is in force and that settlement is to remain in force till 31.05.2012. Before expiry of the period of the long term settlement, trade union and their members led by respondents 5 and 6 are raising unjustified demands and are unnecessarily causing obstruction to the peaceful and orderly functioning of the unit. Finished products there in the company. They are basically milk products. If they are promptly not removed, it will lead to great loss for the petitioner. Perishable raw materials also deserve to be properly taken care of. It is, in theses circumstances, that the petitioners have come before this Court with this petition for issue of directions for police protection. W.P(C) No.9558 of 2011-T 2 2. Respondents 5 and 6 have entered appearance through a counsel. The learned counsel for respondents 5 and 6 submits that respondents 5 and 6 shall not in any way cause any obstruction to the peaceful and orderly functioning of the unit. They shall not obstruct ingress and egress to the unit by the management personnel, willing workmen or customers. They shall not block movement of articles into or out of the unit. In these circumstances, there is absolutely no need to issue any direction under Article 226, submits the learned counsel for respondents 5 and 6. The learned Government Pleader after taking instructions from the police officials concerned submits that if there is any obstruction against peaceful and orderly running of the establishment including obstruction to ingress and egress to the management personnel, willing employees or customers or obstruction to movement of articles into and out of the unit, necessary police protection shall be afforded. 3. We have considered all the relevant inputs. In the light of the specific stand taken by respondents 5 and 6, we are satisfied that appropriate directions can be issued. 4. In the result: a) This Writ Petition is allowed; W.P(C) No.9558 of 2011-T 3 b) We accept the submission of the learned counsel on behalf of respondents 5 and 6 that no obstruction shall be caused by respondents 5 and 6 or their members against the peaceful or orderly functioning of the unit of the petitioners at Konikkara, that they shall not obstruct ingress or egress of the management personnel, willing workers or customers to the establishment and that they shall not obstruct free movement of articles into and out of the unit. If there be any violation of this undertaking on behalf of respondents 5 and 6, respondents 2 to 4 shall afford necessary police protection. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/