IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 WP(C).No. 314 of 2010(S) --------- ------------------------ PETITIONER: ------------------- FORUM FOR AWARENESS AND SOCIO-CULTURAL TRANSFORMATION OF WOMEN (FAST), D-4, KENT PARADISE, MAY IST ROAD, COCHIN -32, REPRESENTED BY ITS SECRETARY MRS. HEMALATHA NAMBIAR. BY ADV. SRI.SIVAN MADATHIL RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGIONAL TRANSPORT AUTHORITY, REPRESENTED BY ITS SECRETARY, COLLECTORATE - KAKKANAD, ERNAKULAM. 3. THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD, ERNAKULAM. 4. ALL KERALA PRIVATE BUS OPERATORS FEDERATION, KOLLAM, REPRESENTED BY ITS SECRETARY, KOLLAM. 5. ERNAKULAM DISTRICT PRIVATE BUS OPERATORS FEDERATION, PALARIVATTOM, KOCHI-25, REPRESENTED BY ITS SECRETARY. ADDL.6. KERALA BUS TRANSPORT ASSOCIATION, REG.NO.710/2006, SALU COMPLEX, MISSION QUARTERS JUNCTION, T.B.ROAD, THRISSUR-1, REPRESENTED BY ITS SECRETARY K.A.NAJEEB. (ADDL.6TH RESPONDENT IS IMPLEADED AS PER ORDER DATED 29.1.2010 IN IA NO.645 OF 2010) WP (C) NO.314 OF 2010 - 2 - ADDL.7. ALL KERALA BUS OPERATORS ORGANIZATION, REG.NO.642/99, 12/994, G.B.ROAD, PALAKKAD, REP. BY ITS GENERAL SECRETARY, T.GOPINATHAN (ADDL.7TH RESPONDENT IS IMPLEADED AS PER ORDER DATED 29.1.2010 IN IA NO.1098 OF 2010) R1 TO R3 BY SR.GOVERNMENT PLEADER SMT.K.MEERA R4 & R5 BY SRI.K.RAMAKUMAR, SENIOR ADVOCATE SRI.T.RAMPRASAD UNNI FOR R4-5 SMT.SMITHA GEORGE FOR R4-5 SRI.P.C.SASIDHARAN FOR ADDL.R6 SRI.G.HARIHARAN FOR ADDL.R7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/01/2010 ALONG WITH WPC NO. 440 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.314 OF 2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE PHOTOCOPY OF THE NOTIFICATION G.O.(RT)924/04/Lbr DATED 30.3.2004 EXT.P2 TRUE PHOTOCOPY OF THE AFFIDAVIT FILED BY THE LABOUR SECRETARY. RESPONDENTS' EXHIBITS: EXT.R4(A) TRUE COPY OF THE NOTICE DATED 12.11.2009 SUBMITTED BY THE 4TH RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION / TRUE COPY / Kurian Joseph, Ag. C.J. & Thottathil B.Radhakrishnan, J. ------------------------------------------ W.P.(C) Nos.314 & 440 of 2010 ------------------------------------------ Dated this the 29th day of January, 2010 JUDGMENT Kurian Joseph, Ag. C.J. These writ petitions were filed when the private bus operators were on strike. According to the petitioners, the strike is illegal. It is also pointed out that the operators who are on strike are liable to be proceeded against under the provisions of the Essential Service Maintenance Act (ESMA). There is also a prayer to the effect that in the case of those operators who go on strike, the permits should be cancelled invoking the powers under the provisions of the Motor Vehicles Act. 2. In view of the intervening developments pursuant to the interim orders passed by this Court, it is for the petitioners to approach the Government pointing out the remaining grievances so that the Government will get an opportunity to look into the matter and take appropriate action in accordance with law, so as to avert such strikes in future. We make it clear W.P.(C) Nos.314 & 440 of 2010 - 2 - that we have not adverted to any of the contentions taken by the parties in the writ petitions and all those contentions are left open. Writ petitions are disposed of as above. Kurian Joseph, Ag. Chief Justice Thottathil B.Radhakrishnan, Judge vns