IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 WP(C).No. 618 of 2008(W) ----------------------------------- PETITIONER: ------------------ A.K.DINESAN, MANAGING PARTNER, HOTEL SAVERA PARK, URAKAM P.O., KARUVANNUR, THRISSUR. BY ADV. SRI.K.I.SAGEER RESPONDENTS: ---------------------- 1. CIRCLE INSPECTOR OF POLICE, CHERPU, THRISSUR. 2. SUPERINTENDENT OF POLICE, THRISSUR DISTRICT, THRISSUR. 3. DISTRICT LABOUR OFFICER, THRISSUR. 4. THRISSUR JILLA LODGE & HOTEL MAZDOOR SANGH(B.M.S), VIVEKANANDA ROAD, THIRUVAMBADI, THRISSUR-1, REP. BY ITS GENERAL SECRETARY K.MOHANDAS. 5. MOHANAN V.G., S/O GANGADHARAN, VADAKUMCHERRI HOUSE, ELITE PADI, POKALANGARA P.O., THRISSUR. 6. JIMESH C.M, S/O MOHANDAS C.V, CHAKKAMADTHIL HOUSE, P.O.ALAPPAD, THRISSUR. R4 TO R6 BY ADV. SRI.N.NAGARESH SRI.BINU PAUL GOVERNMENT PLEADER SMT. BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 618/2008 APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE COMMUNICATION ISSUED BY THE R4 TO THE PETITIONER DT. 27/12/2007. EXT.P2. COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE R1 DT. 2/1/2008. RESPONDENT'S EXHIBITS EXT.R4A. COPY OF THE REPRESENTATION DT. 27/12/2007 TO THE DIST. LABOUR OFFICER, THRISSUR. EXT.R4B. COPY OF THE REPRESENTATION DT. 27/12/2007 TO THE ASST. LABOUR OFFICER, THRISSUR. EXT.R4C. COPY OF THE REPRESENTATION DT. 27/12/2007 TO THE PROVIDENT FUND INSPECTOR, THRISSUR. EXT.R4D. COPY OF THE REPRESENTATION DT. NIL. SUBMITTED TO THE BRANCH MANAGER, ESI, THRISSUR. EXT.R4E. COPY OF THE FIR NO. 706 LODGER IN THE CHERPU POLICE STATION. EXT.R4F. COPY OF THE ADMISSION AND DISCHARGE SUMMARY FROM ASWINI HOSPITAL. EXT.R4G. COPY OF THE NEWS PAPER REPORTS APPEARED IN JANMABHOOMI DAILY AND MALAYALA MANORAMA & MATHRUBHUMI. EXT.R4H. COPY OF THE COMPLAINT DT. 3/1/2008 SUBMITTED BY WORKERS TO THE CI OF POLICE. EXT.RH(I) COPY OF THE DISPUTE RAISED BY THE R4 BEFORE THE DLO THRISSUR. EXT.R4(J). COPY OF THE PHOTOGRAPHS OF DHARNA PANDAL. True copy tga K.Balakrishnan Nair & P.N.Ravindran, JJ. ======================== W.P(C).No.618 of 2008 ======================== Dated this the 23rd day of January, 2008. JUDGMENT Balakrishnan Nair,J. The petitioner runs a bar hotel at Orakam in Thrissur District. Respondents 5 and 6 are the former employees of the petitioner. The fourth respondent is their union. The petitioner received a notice from the fourth respondent stating that the workmen of his hotel have formed a union. This intimation was received on 27.2.2007. Ext.P1 is the said communication. 2. While so, without any reason or justification, a group of workers started causing obstruction to the ingress and egress to the hotel. They erected a pandal in front of the hotel causing obstruction. They started shouting slogans also. In the above back ground, the petitioner filed Ext.P2 petition before the police seeking protection to the hotel and his employees. When no action was taken on Ext.P2, this writ petition is filed on 4.1.2008. 3. Respondents 4 to 6 have filed a counter affidavit stating that they have sent Ext.R4(a) to Ext.R4(d) communications to the various statutory authorities concerning the denial of various benefits payable by the petitioner to the workmen. On the night on 30.12.2007 some workers were called to the petitioner's room and were asked to resign from the union. But when the workmen refused to oblige, the petitioner and his muscle men manhandled WP(C)618/08 -: 2 :- those workmen. The police was informed and they came and rescued the workmen. The police registered a crime against the petitioner and others and some of the accused were arrested. Two of the workmen, who were injured in the incident, were admitted in the hospital. Newspapers have also reported about the incident as is evident from Ext.R4(g). Ext.R4(e) is the FIR in the case and Ext.R4(f) is the discharge summary issued by the Aswini Hospital evidencing the treatment of one of the workmen admitted there. The workmen also submitted that they are not causing any obstruction whatsoever to the hotel. They are sitting on the opposite side of the road and to show the same, they have produced Ext.R4(j) series of photographs also. So, they submitted that all the allegations against them are unfounded. The learned Government Pleader upon instructions submitted that the petitioner was aware of the crime registered against him on 31.12.2007 and ever since he is absconding and therefore, he could not be arrested. 4. Going by the materials produced in the writ petition including Ext.R4(j), the allegation of the petitioner that the workmen are causing obstruction to the petitioner's hotel is unfounded. The workmen are sitting on the opposite side of the road by erecting a pandal there. Further, the petitioner has approached this Court without stating the correct facts. He was aware of the crime registered against him, but he did not mention about the same in this writ petition. The explanation of the petitioner for the same lacks credence. WP(C)618/08 -: 3 :- 5. Having regard to the allegations and counter allegations, we feel that it is not a case where this Court should exercise its extra ordinary jurisdiction under Article 226 of the Constitution of India. As noticed earlier, the petitioner has not come to this Court with clean hands. In view of the above position, the writ petition is dismissed with costs. K.Balakrishnan Nair, Judge. P.N.Ravindran, Judge. ess 23/1