IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 W.P.(C).No. 22732 of 2008(F) ------------------------------------------------ PETITIONER:- -------------------- M/S. COCHIN CEMENTS LTD., VELLOOR, MEVELLOOR.P.O, KOTTAYAM DISTRICT, PIN-686609 REPRESENTED BY ITS AUTHORISED OFFICER V.P. SHARMA. BY ADV. SRI.D.NARENDRANATH SRI.M.HARISHARMA RESPONDENTS:- ------------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, (LABOUR DEPARTMENT), THIRUVANANTHAPURAM. 2. THE CIRCLE INSPECTOR OF POLICE, KADUTHURUTHY, KOTTAYAM. 3. THE SUB INSPECTOR OF POLICE, VELLOOR POLICE STATION, KOTTAYAM. 4. COCHIN CEMENTS GENERAL WORKERS UNION (CITU), REP. BY ITS SECRETARY, VELLOOR, MEVELLOOR.P.O, KOTTAYAM DISTRICT. 5. COCHIN CEMENTS WORKERS UNION (INTUC), REP. BY ITS SECRETARY, VELLOOR, MEVELLOOR.P.O, KOTTAYAM DISTRICT. WPC NO.22732/2008 -2- 6. SAM. T. JOSEPH, PROPRIETOR, M/S. MATHA CONTRACTORS AND SUPPLIERS, RESIDING AT KUZHIMATTATHIL HOUSE, PADUVA.P.O, KOTTAYAM. 7. DISTRICT LABOUR OFFICER, COLLECTORATE, KOTTAYAM. R1 TO R3 & R7 SENIOIR GOVERNEMNT PELADER SRI.BENJAMIN PAUL. R4 & R5 BY ADV. SRI.R.SUNIL KUMAR & SMT.A.SALINI LAL R6 BY ADV. SRI.J.JULIAN XAVIER & SRI.FIROZ K.ROBIN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- W.P.(C).NO.22732 OF 2008 APPENDIX PETITIONER'S EXHIBITS:- -------------------------------------- EXT.P1 - TRUE COPY OF THE SAID CONTRACT ENTERED INTO BETWEEN THE PETITIONER AND THE 6TH RESPONDENT DATED 12-9-2002. EXT.P2 - TRUE COPY OF the LETTER ISSUED BY the 4TH AND 5TH RESPONDENTS JOINTLY DATED 23-6-2008 TO THE PETITIONER. EXT.P3 - TRUE COPY OF THE SAID LETTER DATED 25-6-2008 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER. EXT.P4 - TRUE COPY OF THE SAID PETITION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 17.7.2008. EXT.P5 - TRUE COPY OF THE SAID PETITION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 17.7.2008. EXT.P6 - TRUE COPY OF THE LETTER DATED 17.7.2008 SUBMITTED TO THE 7TH RESPONDENT BY THE PETITIONER. EXT.P7 - TRUE COPY OF THE MINUTES OF THE MEETING OF THE BOARD OF DIRECTORS OF THE PETITIONER DATED 24.10.2007. EXT.P8 - TRUE COPY OF THE NOTICE DATED 19.7.2008 ISSUED BY THE REGIONAL JOINT LABOUR COMMISSIONER. RESPONDENT'S EXHIBITS:- --------------------------------------- NIL. - true copy - H.L.Dattu, C.J. & A.K.Basheer, J. ---------------------------------------------- W.P.(C).No.22732 of 2008-F ---------------------------------------------- Dated, this the 8th day of August, 2008 JUDGMENT Basheer, J. The Managing Director, of a Company engaged in the manufacture and packing of cement, has preferred this writ petition for issue of a direction to respondents 2 and 3 to give adequate police protection to the Company to ensure its smooth functioning, including ingress and egress of the employees and vehicles to and from the premises of the said Company. 2. When the writ petition came up for consideration on 4.8.2008, this Court had passed the following order: “Heard. The learned counsel for respondents 4 and 5 prayed for time to file counter affidavit. It is also submitted on behalf of the said respondents that they have no intention to cause any obstruction to the running of the unit of the petitioner. They may file the counter affidavit by 7.8.2008. Call on 8.8.2008”. 3. We have heard learned counsel for the parties. 4. It is reiterated by the learned counsel appearing for respondents 4 and 5 that no obstruction will be caused to the smooth functioning of the Company. The above submission is recorded. 5. The learned counsel appearing for the petitioner submits that on 7.8.2008, one lorry load of cement going out of the Company had been WP(C).22732 of 2008 - 2 - stopped by some striking workers. If there is any such complaint, the petitioner has to necessarily approach respondents 2 and 3 for adequate reliefs, in which event, appropriate action shall be taken by these respondents, in accordance with law. 6. With that liberty reserved in favour of the petitioner and making the interim order dated 4.8.2008, in which the undertaking given by respondents 4 and 5 is recorded, absolute, this writ petition is closed. H.L.Dattu Chief Justice A.K.Basheer vku/- Judge