IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 WP(C).No. 21033 of 2011(D) -------------------------- PETITIONER(S): --------------- BHARAT PETROLEUM CORPORATION LTD., AMM'S OFFICE, 1ST FLOOR, PETRONET CCK LTD., IRIMPANAM, KOCHI-682 309, REP.BY ITS TERRITORY MANAGER (RETAIL) MR.P.SUDHAHAR. BY ADV. SRI.E.K.NANDAKUMAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH RESPONDENT(S): --------------- 1. PETROLEUM EMPLOYEES UNION, RE.BY ITS GENERAL SECRETARY, GURUSWAMY BUILDINGS, 6, KACHALEESWARAR STREET, CHENNAI, PIN 600 001. 2. PETROLEUM WORKERS UNION R REP.BY ITS GENERAL SECRETARY, 35 VAIDYANATHAN STREET, TONDIARPET, CHENNAI, PIN 600 081. 3. PETROLEUM EMPLOYEES ASSOCIATION REP.BY ITS GENERAL SECRETARY, C/O.BPCL, IRUMAPANAM, KOCHI 682 309. 4. THE REGIONAL LABOUR COMMISSIONER (CENTRAL) OFFICE OF THE REGIONAL LABOUR COMMISSIONER (CENTRAL), SHRAM VIHAR, ULIMUGAL, KAKKANAD, PIN 682030. 5. THE CHIEF LABOUR COMMISSIONER (CENTRAL) SHRAM SHAKI BHAVAN, RAFI MARG, NEW DELHI, PIN 110 001. 6. DIRECTOR GENERAL OF POLICE, OFFICE OF THE D.G.P.POLICE HEAD QUARTERS, THIRUVANANTHAPURAM 695001. 7. SUB INSPECTOR OF POLICE, KAZHAKUTTOM POLICE STATION, KAZHAKUTTOM, THIRUVANANTHAPURAM 695 582. 8. SUB ISPECTOR OF POLICE, VALIYATHURA POLICE STATION, VALIYATHURA, TRIVANDRUM 695 008. 9. SUB INSPECTOR OF POLICE, AMBA;MEDU POLICE STATION, KARIMUGAL, ERNAKULAM 682 303. 10. SUB INSPECTOR OF POLICE, HILL PALACE POLICE STATION, TRIPUNITHURA, ERANAKULAM 682 301. 11. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA FOR R4-5 BY GOVT.PLEADER SRI.T..K.VIPIN DAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No.21033 OF 2011 ------------------------ Dated this the 19th day of August, 2011 JUDGMENT Abdul Rehim, J. When this writ petition came up for admission on 2/8/2011, this court passed an interim order directing respondents 7 to 10 to ensure that the business of the petitioner company is not obstructed in any manner on account of the proposed strike called for as per Exts.P2 and P3. 2. It is submitted by learned counsel appearing for the petitioner as well as learned Government Pleader that, the strike called for through Exts.P2 and P3 stands deferred and that conciliation efforts are being perused. 3. In view of the above said situation, we close the writ petition with liberty reserved in favour of the petitioner to move afresh, if situation warrants. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk WPC.No.21033/2011 2 WPC.No.21033/2011 3 PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 21033 OF 2011 ------------------------ Dated this the 2nd day of August, 2011 O R D E R Pius C.Kuriakose, J. Sri.Benny P.Thomas, learned counsel for the petitioner has addressed us in detail. He has taken us through various exhibits and particularly Ext.P8. The learned counsel referred to the judgment of a Division Bench of the Madras High Court in Bharat Petroleum Corporation Ltd. v. Petroleum Employees Union and others ( 2003 LLR 601) . He also placed before us a copy of the interim order passed by the Karnataka High Court yesterday, wherein noticing Exts.P2 and P3 strike notices themselves, the Karnataka High Court passed interim orders as prayed for by the petitioner company. 2. A prima facie case is made out for granting of interim orders. Hence, issue notice on admission by Special Messenger WPC.No.21033/2011 4 to respondents 3 and 4. Issue notice by speed post to respondents 1 and 2. The Assistant Solicitor General takes notice on behalf of the 5th respondent. The Government Pleader takes notice on behalf of respondents 6 to 11. 3. As we are convinced that threat and strike is likely to cause irreparable loss not only to the petitioner company, but also to the public at large and is likely to impact even the common man, there will be an interim order in the following terms; The respondents 7 to 10 shall ensure that business of the petitioner company is not obstructed in any manner on account of the strike, which is called for under Exts.P2 and P3, for a period of three weeks. Hand over copy of this order to the Government Pleader. Post on 12/8/2011. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk WPC.No.21033/2011 5