IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 WP(C).No. 25436 of 2008(C) -------------------------------------- PETITIONER(S): ---------------------- K.PREMRAJ, MAKKANHIRATTE HOUSE ERAMALA P.O., VATAKARA, CALICUT DIST BY ADV. SRI.K.PREMRAJ (PARTY IN PERSON) RESPONDENT(S): ------------------------- 1. STATE OF KERALA,REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM 2. COMMISSIONER OF POLICE, KOZHIKODE CITY 3. SUPERINTENDENT OF POLICE CRIME BRANCH KOZHKODE. 4. SUB INSPECTOR OF POLICE MEDICAL COLLEGE POLICE, KOZHIKODE 5. SUB INSPECTOR OF POLICE KOZHIKODE TOWN 6. SUB INSPECTOR OF POLICE (KERALA RAILWAY POLICE) RAILWAY STATION,KOZHIKODE 7. SUB INSPECTOR OF POLICE EDACHERY-POLICE STATION, VATAKARA,KOZHIKODE. 8. LABOUR COURT ,KOZHIKODE 9. PRINCIPAL KOZHIKODE, MEDICAL COLLEGE W.P.(C) NO.25436/2008 10. THE MANAGING DIRECTOR MIMS HOSPITAL , GOVINDAPURAM, KOZHIKODE 11. THE CHAIRMAN & MANAGING DIRECTOR FATHIMA HOSPITAL ,BANK ROAD, KOZHIKODE ADV. SRI.M.ASOKAN FOR R10 SRI.DEVAPRASANTH.P.J. FOR R10 GOVERNMENT PLEADER SMT.MEERA K. FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.25436/2008 APPENDIX PETITIONERS EXHIBITS P1:- PETITION GIVEN TO MIMS CHAIRMAN IN 12.4.02. P2:- TEXICOLOGY REPORT FROM AMRUTHA INSTITUTE OF MEDICAL SCIENCES POISON CONTROL DEPT. P3:- PETITION FILED BEFORE IG OF POLICE, ON 7.1.05 POLICE COMMISSIONER CALICUT, MEDICAL COLLEGE POLICE. P4:- NOTICE RECEIVED FROM ASST. COMMISSIONER OF POLICE ON 1.2.08 REGARDING PETITION FILED BEFORE CHIEF MINISTER OF KERALA. P5:- PETITIONER'S COMPLAINT PENDING BEFORE LABOUR ON 15.12.05 COURT KOZHIKODE. P6:- COPY OF THE LETTER FROM C.I. OF POLICE 14.8.08 (WITH TRANSLATION). P7:- COPY OF THE LETTER FROM ASST. COMMISSIONER POLICE 22.9.08 (WITH TRANSLATION). P8:- COPY OF THE NOTICE RECEIVED FROM S.I OF POLICE 5.4.07 (WITH TRANSLATION). P9:- COPY OF THE LETTER RECEIVED FROM ADGP (NR) OFFICE 6.10.08 (WITH TRANSLATION). RESPONDENT'S EXHIBITS R10(a):- COPY OF THE OBJECTION STATEMENT FILED BY R10 IN I.D. 26/07 OF THE LABOUR COURT, KOZHIKODE. /TRUE COPY/ P.A. TO JUDGE tss J.B.KOSHY, Ag.CJ & V.K.MOHANAN, J. ================================ W.P.C.No.25436 of 2008 - C =============================== Dated this the 17th day of December, 2008. J U D G M E N T KOSHY, Ag.CJ. Petitioner was an employee of 10th and 11th respondents. There was a labour dispute and strike in the hospital, and petitioner and some others lost employment. I.D.No.26 of 2007 is pending before the Labour Court, Kozhikode. According to the petitioner he got lead poison and that respondents 10 and 11 are responsible for the same. Petitioner wants police protection. Petitioner wants also speedy disposal of I.D.No.26 of 2007. Further petitioner wants compensation of Rs.10,00,000/- from respondents 10 and 11. Whether respondents 10 and 11 are responsible for lead poison caused to the petitioner, is a matter to be decided by evidence. If petitioner want compensation, it is for him to approach civil court. Without expressing any opinion regarding the merits of the case, we direct police to see that if complaint is received, appropriate action may be taken so that his life is not endangered. I.D.No.26 of 2007 should be disposed W.P.C.No.25436 of 2008 - C 2 by the Labour Court, Kozhikode, as expeditiously as possible. Petitioner can produce a copy of this judgment before the Labour Court for expeditious disposal of I.D.No.26 of 2007. The writ petition is disposed of accordingly. J.B.KOSHY, ACTING CHIEF JUSTICE V.K.MOHANAN, JUDGE bkn/-