IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 WP(C).No. 929 of 2010(M) ------------------------ PETITIONER: ------------- SREE GOKULAM CHITS AND FINANCE CO.LTD, REPRESENTED BY ITS ASSISTANT GENERAL MANAGER, T.C.4/1037(2,3) OF HEERA BUILDING, KOWDIAR, THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR SRI.A.ABDUL KHARIM RESPONDENTS: ----------------- 1. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY,THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF POLICE(RURAL) THIRUVANANTHAPURAM. 4. THE SUPERINTENDENT OF POLICE, KOLLAM. 5. VANIJYA VYAVASAYA MAZDOOR SANGH (AN AFFILIATE OF BMS), REPRESENTED BY ITS DISTRICT SECRETARY,FOR.P.O.,THIRUVANANTHAPURAM. 6. P.ANIL KUMAR,ASSISTANT BUSINESS MANAGER, SREE GOKULAM CHIT AND FINANCE CO.LTD., BALARAMAPURAM.(PRESIDENT, VANIJYA VYAVASAYA MAZDOOR SANGH,THIRUVANANTHAPURAM,PIN 695 501). WP(C).No. 929 of 2010(M) 7. VANIJYA VYAVASAYA MAZDOOR SANGH (AN AFFILIATE OF BMS),REPRESENTED BY MR.SIVAJI SUDARSAN DISTRICT SECRETARY, KOLLAM,PIN 691 001. 8. GIREESH KUMAR, BUSINESS MANAGER, SREE GOKULAM CHIT AND FINANCE CO.LTD., KUNDARA(SECRETARY, VANIJYA VYAVASAYA MAZDOOR SANGH KOLLAM, PIN 691 501) R5 TO R8 BY ADV. SRI.N.NAGARESH SRI.T.V.VINU SRI.BINU PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 929 of 2010(M) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE FIR IN CRIME NO.1644/09 OF KOLLAM EAST POLICE STATION DATED 22.12.2009. EXT.P2 : TRUE COPY OF THE COMPLAINT FILED BEFORE THE CIRCLE INSPECTOR OF POLICE, PETTAH POLICE STATION BY THE PETITIONER DATED 31.12.09. EXT.P3 : TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER DATED 02.01.2010 BEFORE RESPONDENTS 1 TO 4. RESPONDENT'S EXHIBITS: EXT.R5(A) : TRUE COPY OF THE CHARTER OF DEMAND DATED 04.11.09 SUBMITTED BY THE 5TH RESPONDENT-UNION. EXT.R5(B) : TRUE COPY OF THE MEMO ISSUED BY THE BRANCH MANAGER TO A LARGE NUMBER OF UNIONISED EMPLOYEES. EXT.R5(C) : TRUE COPY OF THE COMPLAINT DATED 24.12.09 SUBMITTED TO THE DISTRICT LABOUR OFFICER. EXT.R5(D) : TRUE COPY OF THE NOTICE NO.IR(2)5005/09 DATED 24.12.09 OF THE DISTRICT LABOUR OFFICER. EXT.R5(E) : TRUE COPY OF TRUE COPY OF MEMO OF CHARGE DATED 30.12.09 OF THE DIVISIONAL MANAGER. EXT.R5(F) : TRUE COPY OF THE MINUTES OF THE MEETING OF THE DLO ON 31.12.09. EXT.R5(G) : TRUE COPY OF LETTER SUBMITTED TO THE EXECUTIVE DIRECTOR. EXT.R5(H) : TRUE COPY OF NOTICE NO.IR(2)/5005/09 DATED 07.01.2010 OF THE DLO. EXT.R5(I) : TRUE COPY OF THE NOTICE DATED 15.01.10 ISSUED BY THE DLO. /TRUE COPY/ PA TO JUDGE K.M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 929 OF 2010 - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - Dated this the 10th day of March, 2010 JUDGMENT K.M. JOSEPH, J Heard learned counsel on both sides. 2. The prayer in this writ petition is for police protection. 3. Briefly put, the case of the petitioner is as follows: Petitioner is a company having registered office at Chennai and having branches under the leadership of respondents 5 to 8 is obstructing the business of the Company and threatening willing staff and customers. There is no demand notice. The matter is seized by the District Labour Officer, Kollam and Additional Labour Commissioner, Thiruvananthapuram. 4. Learned counsel for the petitioner submits that subsequently respondents have issued strike notice. Learned counsel for the party respondents submits that they have raised an Industrial Dispute in respect of the illegal act of the petitioner and the matter is pending consideration before the Labour Authority. W.P.(C) No. 929 OF 2010 -: 2:- Having heard learned counsel for the parties, the Writ Petition is disposed of making the interim order absolute. We also make it as a condition that the petitioner must participate in the conciliation proceedings. K.M. JOSEPH, JUDGE M.L. JOSEPH FRANCIS, JUDGE ttb