IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933 WP(C).No. 13791 of 2011(Y) --------------------------------------- PETITIONERS: --------------------- 1. MANAGER, JYOTHI NIKETHAN ENGLISH MEDIUM SCHOOL, PUNNAPRA P.O., ALAPPUZHA-688 004. 2. PRINCIPAL IN CHARGE, JYOTHI NIKETHAN ENGLISH MEDIUM SCHOOL, PUNNAPRA P.O., ALAPPUZHA-688 004. BY ADVS. SRI.BABY ISSAC ILLICKAL, SRI.ISAAC KURUVILLA ILLIKAL. RESPONDENTS: ------------------------ 1. SUPERINTENDENT OF POLICE, ALAPPUZHA – 688 001. 2. SUB INSPECTOR OF POLICE, PUNNAPRA – 688 004. 3. ALL KERALA UNAIDED SCHOOL STAFF ASSOCIATION (CITU), ALAPPUZHA DISTRICT COMMITTEE, REPRESENTED BY ITS SECRETARY, P.P.JOSEPH, RESIDING AT PUTHANPURACKAL HOUSE, CHETHY P.O., ALAPPUZHA – 688 530. 4. JIJI QUIYAINTIN, ARASSARKADAVIL HOUSE, VADACKAL P.O., ALAPPUZHA – 688 003. 5. MARY JACQULINE, SAMARIAS, AVALOOKKUNNU P.O., CHATHANADUE, ALAPPUZHA – 688 006. R1 & R2 BY GOVT. PLEADER SMT. CHARISMA, R3 & R4 BY ADV. SRI.C.S.MANU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/05/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.13791/2011-Y: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER SUSPENSION DTD. 14/03/2011 ISSUED TO THE R.4. EXT.P.2: COPY OF THE ORDER OF SUSPENSION DTD. 14/03/2011 ISSUED TO THE R.5. EXT.P.3: COPY OF THE NOTICE DTD. 25/04/2011 ISSUED BY THE R.3. EXT.P.4: COPY OF THE REQUEST DTD. 03/05/2011. EXT.P.5: COPY OF THE REQUEST DTD. 18/05/2011 OF P.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.13791 of 2011 ------------------------------------------- Dated this the 26th May, 2011 JUDGMENT Basant, J. Petitioners, Manager and Principal of a Private unaided English Medium School have come to this Court seeking issue of directions under Article 226 of the Constitution to respondents 1 and 2 to afford police protection to them against apprehended illegal conduct of obstruction by respondents 3 to 5. 2. Schools are to reopen on 1.6.2011. Respondents 4 and 5 are members of the teaching staff of the school. Some of the staff of the school have formed the third respondent staff association. They are making fanciful demands. It is understood that they shall obstruct the functioning of the school on 1.6.2011 unless their demands are met. Notices have been issued and in these circumstances, the petitioners apprehend that proper running of the school may be obstructed when the school reopens on 1.6.2011. It is in these circumstances that the WPC No.13791/2011 2 directions are sought. 3. Respondents 3 to 5 have entered appearance through counsel. They have a tale of woes to narrate. According to them, the school is not paying salary which the teachers are legitimately entitled to. The school is resorting to the devious method of remitting amounts to the accounts of the employees. Simultaneously demanding blank cheques to be issued back to the school using which they take away substantial chunk of the amount deposited in the accounts. The employees/staff have other grievances also. No provident fund is remitted. There are several other grievances also for the staff represented by the third respondent association. The association or members of the staff have no intention to obstruct the peaceful running of the school when it reopens on 1/6/2011. They are only peacefully demanding that their legitimate grievances may be redressed. The running of the school shall not be obstructed, it is undertaken. Respondents 3 to 5 and other employees shall only peacefully demonstrate and shall only take action in accordance with law against the misdeeds of the WPC No.13791/2011 3 management. In these circumstances, no specific directions are necessary, submits the learned counsel for respondents 3 to 5. 4. The learned Government Pleader submits that on being appraised of the disputes between the parties, the police had attempted to persuade the parties to come to a reasonable settlement. Such attempts have not borne fruit so far. The learned Government Pleader submits that respondents 1 and 2 shall ensure that no law and order situation is created and the peaceful running of the school is not obstructed by anyone. 4. The learned counsel for the petitioners deny the various allegations raised by respondents 3 to 5. 5. We have considered all the relevant inputs. The right of respondents 3 to 5 to peacefully demonstrate for improvement of the service conditions and for redressel of their grievances cannot possibly be questioned. However, that cannot clothe respondents 3 to 5 or other employees with any right to obstruct the peaceful running of the school. We accept the submission of the learned Government Pleader that necessary action shall be taken to WPC No.13791/2011 4 ensure that there is no obstruction for the peaceful running of the school when it reopens on 1.6.2011. This petition is in these circumstances allowed in part. 6. Respondents 1 and 2 are directed to ensure that peaceful running of the petitioner's school - Jyothy Nikethan English Medium School is not obstructed by respondents 3 to 5. We make it clear at the same time that this order shall not in any way fetter the rights of respondents 3 to 5 to hold peaceful demonstrations seeking redressel of their grievances and improvement of their service conditions. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/