IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 WP(C).No. 22884 of 2011(I) ------------------------------- PETITIONER(S): ------------------ M/S. PALAPPILLIL SPECIFIED BLOCK RUBBERS PVT. LTD., KARUKADAM, KOTHAMANGALAM.P.O. PIN-686691, REPRESENTED BY ITS DIRECTOR MR. VARGHESE.P.M. BY ADV. SRI.PAULSON C.VARGHESE SRI.BABY JOSEPH(KOCHI) RESPONDENT(S): ------------------- 1. CIRCLE INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION, KOTHAMANGALAM-686691. 2. SUB INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION, KOTHAMANGALAM-686691. 3. DISTRICT INDUSTRIAL EMPLOYEES UNION (AITUC),ACHUTHA MENON SMARAKA MANDIRAM, KOTHAMANGALAM, REPRESENTED BY ITS PRESIDENT YOUSEPH.E.A., S/O.ABDUL KHADER, RESIDING AT ILLATHUKUDYIL HOUSE,MATHIRAPPILLY, KOTHAMANGALAM-686691. 4. ABHILASH.V.MADHU,SECRETARY, DISTRICT INDUSTRIAL EMPLOYEES UNION(AITUC) S/O.MADHUSUDHANAN, RESIDING AT VIDHU MANDIRAM, MATHIRAPPILLY, KOTHAMANGALAM.P.O. PIN-686691. WP(C).No. 22884 of 2011(I) -2- 5. DISTRICT LABOUR OFFICER, CIVIL STATION, KAKKANAD,COCHIN-682030. ADV. SRI.CHRISTOPHER ABRAHAM FOR R3&4 SRI.K.A.HAZAN FOR R3&4 SMT.M.M.FATHIMA JALEENA FOR R3&4 SMT.JEBI MATHER HISHAM FOR R3&4 SRI.K.R.SAJITH FOR R3&4 GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22884 of 2011(I) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE COMPLAINT DT.01/08/11 SUBMITTED BEFORE DT. LABOUR OFFICER BY THE PETITIONER. EXT.P2:- TRUE COPY OF THE POLICE COMPLAINT DT.16/08/11 LODGED BY THE PETITIONER. EXT.P3:- TRUE COPY OF THE REPRESENTATION DT.16/08/11 FILED BY THE INTUC UNION. EXT.P4:- TRUE COPY OF THE REPRESENTATION DT.16/08/11 FILED BY THE BMS UNION. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.22884 of 2011 ------------------------------------------------ Dated this the 29th day of August, 2011 JUDGMENT Abdul Rehim, J Petitioner is running an industry engaged in manufacture of 'Crumb Rubber' under the name and style M/s Palappillil Specified Block Rubbers (Pvt.) Ltd. The petitioner seeks police protection to carry on business in the industry, without being obstructed in any manner by respondents 3 and 4. It is evident that there exists a dispute between respondents 3 & 4 and the petitioner, pertaining to retrenchment of certain workers, which according to respondents 3 and 4 is allegedly illegal. However, it is brought to our notice that an industrial dispute has already been raised before the District Labour Officer, which is under conciliation. We are of the opinion that the 3rd respondent W. P. C. No.22884 of 2011 -2- union representing the workers alleged to have been retrenched, has got every right to pursue remedies as provided under the Industrial Disputes Act. But the members of the 3rd respondent are not entitled to take law into their own hands and to create any physical obstruction to the petitioner and to the functioning of the industry. 2. Sri.K.A.Hassan, learned counsel appearing for respondents 3 and 4 submitted that, the allegations regarding physical obstruction as contended by the petitioner is absolutely baseless and that under the guise of the order of police protection the petitioner is attempting to induct fresh workers. 3. When the Writ Petition came up for admission on 23/08/11, an interim order was issued directing the respondents 1 and 2 to grant protection for ensuring ingress and egress of the petitioner, its management personnel, staff and willing workers to the premises of the factory in W. P. C. No.22884 of 2011 -3- question. We are of the considered opinion that without prejudice to the industrial dispute being pursued, the directions issued in the interim order can be made absolute. 4. Therefore, the Writ Petition is disposed of making the interim order dated 23/08/11 as absolute. If any intimation is received by respondents 1 and 2 about any physical obstructions, necessary steps should be taken to avert such obstructions and to ensure smooth functioning of the petitioners' industry. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-