IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 1ST MARCH 2011 / 10TH PHALGUNA 1932 WP(C).No. 33065 of 2009(C) ---------------------------------- PETITIONER(S): ------------------- M/S.ANANTHAPURI BLUE METALS, CHITHARA, KOLLAM REPRESENTED BY ITS AUTHORIZED PARTNER, SURESH KUMAR S., KONATH PUTHENVEEDU, MUKKUDILIL, VENJARAMOOD, THIRUVANANTHAPURAM. BY ADVS. SRI.B.GOPAKUMAR SMT.CHINCY GOPAKUMAR RESPONDENT(S): -------------------- 1. THE SUPERINTENDENT OF POLICE, KOLLAM. 2. CIRCLE INSPECTOR OF POLICE,KADAKKAL, KOLLAM. 3. MR.RAJESH, GURUMANDIRAM, MOONNUMUKKU P.O., CONVENOR, HEADLOAD AND GENERAL WORKERS UNION, AFFILIATED TO CITU, NEDUMANGAD AREA, CHITHARA, KOLLAM. 4. SURESH, S/O.SUKUMARA PILLAI, CONVENOR, HEADLOAD WORKERS UNION, MOONNUMUKKU P.O. AFFILIATED TO INTUC, BINDU BHAVAN, CHITHARA,KOLLAM. 5. MR.MANIRAJAN, THADATHARUKATHU VEEDU, MOONNUMUKKU P.O., CHITHARA, KOLLAM, CONVENOR, HEADLOAD AND GENERAL WORKERS UNION, AFFILIATED TO CITU, KOTTARAKKARA AREA. 6. ASSISTANT LABOUR OFFICER, NEDUMANGAD. R1 & R2 BY GOVT.PLEADER SMT.CHARISMA R3 TO 5 BY ADVS. SRI.THOMAS ABRAHAM SRI.DIPU.R SMT.MERCIAMMA MATHEW SRI.K.S.HARIDAS SRI.V.RENJITH KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs WP(C).No. 33065/2009(C) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF LICENCE (ACKNOWLEDGEMENT) ISSUED BY DEPT. OF INDUSTRIES, GOVT. OF KERALA DATED 18/04/2008. P2: COPY OF THE NO. OBJECTION CERTIFICATE NO.L3/57943/2008 DATEDJUNE, 2009. P3: COPY OF THE ORDER NO.31/2009-2010/103/M3/2009 DATED 05/05/2009. P4: COPY OF THE LICENCENO.A2-144/08(37) DATED 05/05/2009. P4(A):COPY OF THE LETTER NO.C2/11010/08 DATED 09/07/2008. P4(b):COPY OF THE SANCTION LETTER ISSUED BY KERALA STATE POLLUTION CONTROL BOARD. P5: COPY OF THE CERTIFICATE OF REGISTRATION DATED 29/10/2009. P5(a):COPY OF THE CERTIFICATE OF REGISTRATION DATED 03/10/2009. P6: COPY OF THE REPLY DATED 09/12/2009. RESPONDENT'S EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE svs R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO:33065 OF 2009 C ----------------------------------------------------------- Dated this the 1st March, 2011. JUDGMENT Basant, J. The petitioner has come to this Court with this petition under Art.226 of the Constitution for issue of directions to respondents 1 and 2 to afford police protection to the petitioner against illegal obstruction and violent acts of respondents 3 to 5. 2. The petitioner carries out quarrying operations. Respondents 3 to 5 have no right to obstruct such quarrying operations. They have been taking law into their hands. They are obstructing running of business of the petitioner. It is in these circumstances that the petitioner sought issue of directions under Art.226. This petition was admitted on 18-11-2009 and after hearing both sides the following interim order was passed on 14-12-2009:- “There will be a direction to the police to render protection to the petitioner to carry out work in the quarrying unit. However it is made clear that in case any man power is required for WPC 33065/2009 2 loading, the same shall be obtained only from the respondents 3 to 5 unions” The interim orders have remained in force from 14-12-2009. No further orders were sought by either side. The registry has listed the matter for hearing and disposal. Today when the matter came up for hearing the learned counsel for the petitioner submits that the interim order dated 14-12-2009 may be made absolute and proceedings may be closed. The learned counsel for party respondents 3 to 5 submits that sixth respondent the Assistant Labour Officer, Nedumangad has initiated proceedings for conciliation of the dispute and any final orders passed in this writ petition may be without prejudice to such proceedings initiated by the labour authorities to bring about a conciliation settlement. We are satisfied that the proceedings can now be closed confirming the interim order dated 14-12-2009. We are further satisfied that sufficient safeguards can be provided to ensure that a harmonious settlement is attempted by the labour authorities. 3. In the result; a) This petition is allowed in part WPC 33065/2009 3 b) The interim order dated 14-12-2009 extracted above is made absolute. c) It is made clear that this judgment shall not in any way fetter the powers of the labour authorities to initiate proceedings and attempt a harmonious conciliation settlement under the provisions of the Industrial Disputes Act. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 33065/2009 4