IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 1ST SEPTEMBER 2011 / 10TH BHADRA 1933 WP(C).No. 22979 of 2011(V) -------------------------------------- PETITIONER(S): ----------------------- 1. M/S.HERBAL ISOLATES (P) LTD., SYNTHITE TASTE PARK, PANCODE P.O, PUTHENCRUZ, PIN- 682 310, ERNAKULAM DISTRICT, REP. BY ITS MANAGING DIRECTOR, MR.NINAN PHILIP M. 2. MR.NINAN PHILIP. M, MANAGING DIRECTOR, M/S.HERBAL ISOLATES (P) LTD, SYNTHITE TASTE PARK, PANCODE P.O., PUTHENCRUZ, PIN- 682 310, ERNAKULAM DISTRICT. BY ADV. SRI.E.K.NANDAKUMAR, SRI.K.JOHN MATHAI, SRI.P.BENNY THOMAS, SRI.P.GOPINATH, SMT.MINTU CHERIYAN. RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2. DEPUTY SUPERINTENDENT OF POLICE, MUVATTUPUZHA, PIN- 686 661. 3. SUB INSPECTOR OF POLICE, PUTHENCRUZ, PIN- 682 310. ERNAKULAM DISTRICT. 4. ERNAKULAM DISTRICT INDUSTRIAL ESTATE MAZDOOR SANGH (BMS), HERBAL ISOLATES UNIT, BMS OFFICE, COURT ROAD, PERUMBAVOOR, PIN- 683 542, REPRESENTED BY ITS PRESIDENT MR.K.C.MURALEEDHARAN WP(C).No. 22979 of 2011(V) 5. DISTRICT LABOUR OFFICER, OFFICE OF THE DLO, CIVIL STATION, KAKKANADU, ERNAKULAM DISTRICT- 682 321. R1 TO R3 & R5 BY GOVT. PLEADER SMR.C.M. CHARISMA. R4 BY ADV. DR.K.P.SATHEESAN, SRI.M.R.JAYAPRASAD, SRI.P.MOHANDAS (ERNAKULAM), SRI.MATHEW SUNNY, SRI.ANOOP.V.NAIR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22979 of 2011(V) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CHARTER OF DEMANDS DATED 01/02/2011 ISSUED BY THE 4TH RESPONDENT-UNION. EXT.P2: COPY OF THE NOTICED DATED 18/03/2011 ISSUED BY THE 4TH RESPONDENT. EXT.P3: COPY OF THE COMPLAINT DATED 27/06/2011 SUBMITTED TO RESPONDENTS 2 & 3. EXT.P4: COPY OF THE COMPLAINT DATED 18/08/2011. EXT.P5: COPY OF THE STRIKE NOTICE DATED 16/08/2011 ISSUED BY THE 4TH RESPONDENT-UNION. EXT.P6: COPY OF THE COMPLAINT DATED 22/08/2011 SUBMITTED TO RESPONDENTS 2 & 3. RESPONDENT'S EXHIBITS: NIL., //TRUE COPY// P.S. TO JUDGE rs PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- WP(C).NO. 22979 of 2011 --------------------------------- Dated this the 1st day of September, 2011 JUDGMENT Pius C.Kuriakose ,J. Eventhough respondents are served with notice, they have not come forward to resist the prayers in the writ petition. On considering the case for admission this court on 23.8.2011 passed the following interim order. “Issue notice on admission by Special messenger to the 4th respondent. GP takes notice on behalf of respondents 1 to 3 and 5th respondent. GP will seek instructions from the 5th respondent as to the status of the conciliation proceedings if any. GP seeks instructions from the 3rd respondent as to the state of affairs prevailing at the factory premises. In the meanwhile, there will be an interim order, considering the merits prima facie noticed in the case, in the following terms: Respondents 2 and 3 will afford adequate and effective protection so as to ensure free ingress and egress of the willing employees, executives and vehicles to and fro the petitioners WP(C)22979/2011 2 factory premises.” 2. Today it is requested that the above interim order is made absolute. Nobody opposes. Hence we confirm the interim order and dispose of the writ petition accordingly. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ WP(C)22979/2011 3