IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 WP(C).No. 19404 of 2011(A) -------------------------------- PETITIONER(S): ----------------- MR.P.VASUDEVAN, PROPRIETOR, WEBCOT, V/464, KODIKUTHIMALA, ASOKAPURAM P.O., ALUVA-683 101. BY ADV. SRI.E.K.NANDAKUMAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH RESPONDENT(S): ------------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. SUPERINTENDENT OF POLICE, ALUVA (RURAL), ALUVA, PIN-683 101. 3. CIRCLE INSPECTOR OF POLICE, ALWAYE, PIN-683 101. 4. SUB INSPECTOR OF POLICE, ALUVA POLICE STATION, ALUVA, PIN-683 101. 5. WEBCOT EMPLOYEES UNIONT (CITU), AKG MANDIRAM, M O ROAD, ALUVA-683 101, REPRESENTED BY ITS SECRETARY, MR.UDAYAKUMAR. WP(C).No. 19404 of 2011(A) -2- 6. DYNAMIC GROUP EMPLOYEES UNION (CITU), AKG MANDIRAM, M O ROAD, ALUVA-683 101, REPRESENTED BY ITS SECRETARY, MR.UDAYAKUMAR. 7. MR.BISHAN.G, SRAMBICKAL HOUSE, CHENGAMANAD (PO), ALUVA, ERNAKULAM DISTRICT, KERALA STATE-683 578. 8. MR.INDUKUMAR.C.P, CHECHIM VEEDU, CHERIYATHEKKANAM, N.KUTHIYATHODU (PO), ERNAKULAM DISTRICT, KERALA STATE-683 594. 9. MR.UNNIKRISHNAN.V.R, VAZHAPPILLY HOUSE, AIMURY, ELEMBAKAPILLI (PO), ERNAKULAM DISTRICT, KERALA STATE-683 544. 10. THE DISTRICT LABOUR OFFICER, CIVIL STATION, KAKKANAD-682 321. ADV. SRI.C.A.CHACKO FOR R5-9 GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/08/2011,ALONG WITH WPC NO. 21044 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19404 of 2011(A) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF LETTER OF APPOINTMENT DT.01/10/02 ISSUED TO MR.BISHAN G. EXT.P2:- TRUE COPY OF NOTICES DT.04/06/11 AND 13/06/11 ISSUED BY THE 10TH RESPONDENT. EXT.P3:- TRUE COPY OF NOTICE DT.04/07/11 ISSUED BY THE 6TH RESPONDENT. EXT.P4:- TRUE COPY OF COMPLAINT DT.08/07/11 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT. RESPONDENTS EXTS EXT.R5(a):- TRUE COPY OF THE LETTER DT.09/05/11 GIVEN BY THE RESPONDENT TO THE MANAGER WEBCOT. EXT.R5(b):- TRUE COPY OF CHALLAN RECEIPT DT.12/05/11. EXT.R5(c):- TRUE COPY OF REPRESENTATION DATED 17/05/11 SUBMITTED BY THE 7TH RESPONDENT TO THE PETITIONER //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. Nos.19404 & 21044 of 2011 ------------------------------------------------ Dated this the 9th day of August, 2011 JUDGMENT Pius C. Kuriakose, J Both these Writ Petitions are instituted by institutions, sister concerns manufacturing and selling medical devices and orthopedic products. They have approached this Court seeking police protection in the wake of a strike which has been initiated by respondents 6 and 7, Employees Unions in Writ Petition No.21044/2011 and respondents 5 and 6, Employees Unions in Writ Petition No.19404/2011. Counter affidavit has been filed by the Unions wherein they justify their strike. On considering these Writ Petitions for admission, an interim order in the following terms was issued in both the cases:- “Accordingly, there will be an interim order directing respondents 2 to 5 to ensure that no obstructions are caused for free ingress and W. P. C. Nos.19404 & 21044 of 2011 -2- egress of the willing employees of the petitioner and also of the Asokapuram and Aluva units of the petitioner.” 2. Today when these Writ Petitions came up for hearing, it was submitted by Sri.C.A.Chacko, the learned counsel for the Unions that the strike is going on in full swing and the petitioners may not be allowed to infringe the right of the Unions to strike work on the strength of the police protection orders issued by this Court. 3. Sri.Benny P. Thomas, the learned counsel for the petitioners submitted that the striking workers should not be allowed to obstruct the willing workers of the petitioners from working. He also pointed out that conciliation proceedings have already been initiated by the District Labour Officer and the issues are to be resolved in the conciliation proceedings. 4. Having considered the rival submissions addressed at the Bar, we are of the view that the interim order passed W. P. C. Nos.19404 & 21044 of 2011 -3- by this Court in both these Writ Petitions to a considerable extent grants to the petitioners reliefs which they can lawfully aspire for. We therefore, confirm the interim order dated 05/08/11 in W.P.C.21044/11 and the order dated 20/07/11 in W.P.C.19404/11. We direct the striking unions not to do anything which will interfere with the willing workers of the petitioners who are not participating the strike from working. We direct the petitioners as well as the unions to co-operate with the conciliation proceedings initiated by the District Labour Officer in all respects. With the above directions, we dispose of both the Writ Petitions accordingly. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- W. P. C. Nos.19404 & 21044 of 2011 -4-