IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 25TH FEBRUARY 2011 / 6TH PHALGUNA 1932 WP(C).No. 5587 of 2011(W) ------------------------- PETITIONERS: --------------- 1. BAJAJ ALLIANZ LIFE INSURANCE COMPANY INDIA LIMITED, 2ND FLOOR, THANGAM COMPLEX, OPP.HOTEL SHAH INTERNATIONAL, CHINNAKKADA, KOLLAM-691 001, REPRESENTED BY ITS MANAGER-HR ABRAHAM ALEX. 2. THE MANAGER-HR, BAJAJ ALLIANZ LIFE INSURANCE COMPANY INDIA LIMITED 2ND FLOOR, THANGAM COMPLEX, OPP.HOTEL SHAH INTERNATIONAL, CHINNAKKADA, KOLLAM-691 001. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH RESPONDENTS: --------------- 1. C.S.VINOD, SECRETARY, NEW GENERATION BANKS & INSURANCE EMPLOYEES UNION (AITUC), NEAR PADMA THEATRE, FLOWER JUNCTION, PUTHENCHAL ALI MUHAMMED BUILDING, JEWS STREET, ERNAKULAM, KOCHI-682 035. 2. MR.SREEJITH.S, SREEJA NIVAS, VALATHUNGAL P.O., KOLLAM DISTRICT-691 018. 3. THE SUPERINTENDENT OF POLICE, KOLLAM-691 001. 4. THE SUB INSPECTOR OF POLICE, EAST POLICE STATION, KOLLAM-691 001. GOVERNMENT PLEADER SMT.CHARISHMA ADV. SRI.K.R.VINOD FOR R1 &2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 5587 of 2011(W) - 2 - PETITIONERS' EXHIBITS EXT.P1: TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 4TH RESPONDENT, DATED 18.02.2011 ALONG WITH ACKNOWLEDGEMENT RECEIPT. /true copy/ R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.5587 of 2011 ***************************** Dated this the 25th day of February, 2011 JUDGMENT BASANT, J. The petitioners have come to this Court seeking issue of directions under Article 226 of the Constitution of India to respondents 3 and 4 to ensure that respondents 1 and 2 do not cause illegal and violent obstruction to the peaceful conduct of business by the petitioners. 2. Services of the 2nd respondent have been terminated. The 1st respondent, the Secretary of the union of employees, has taken up the matter. According to the petitioner, respondents 1 and 2 are illegally obstructing the access for the willing workers and customers to the petitioners' establishment. This is illegal. Respondents 3 and 4 are not taking any action. In these circumstances, issue of directions under Article 226 of the Constitution of India is requested. It is further complained that respondents 1 and 2 are threatening the petitioners. 2. Respondents 1 and 2 have entered appearance. Respondents 1 and 2 categorically undertake that willing W.P(C) No.5587 of 2011 2 workers of the petitioners shall not be obstructed. They further undertake that the customers of the petitioners' establishment shall not in any way be obstructed. This undertaking may be recorded and no further directions are, in these circumstances, necessary, submits the learned counsel for respondents 1 and 2. 3. The learned Government Pleader on behalf of respondents 3 and 4 also submits that in view of the undertaking, no further directions are necessary. If there be any violation of the undertaking given by respondents 1 and 2 before this Court, the petitioners can seek protection and appropriate police protection can be afforded to the petitioners, submits the learned Government Pleader. 4. We are satisfied, in these circumstances, that no further specific directions are necessary. We record the undertaking of respondents 1 and 2 that they shall not in any way obstruct the willing workers' or customers' access to the petitioners' establishment. We record the submission of the learned Government Pleader that if there be any violation of the undertaking, necessary police protection shall be granted to the petitioners. W.P(C) No.5587 of 2011 3 5. This Writ Petition is accordingly allowed to the above extent. 6. Needless to say, these directions shall not in any way fetter the option of respondents 1 and 2 to stage peaceful demonstration against the alleged illegal termination of the 2nd respondent. We make it clear that access for the customers or the willing workers should not in any way be obstructed. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/