IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM SATURDAY, THE 20TH AUGUST 2011 / 29TH SRAVANA 1933 WP(C).No. 21526 of 2011(M) -------------------------------- PETITIONER(S): --------------- 1. AUGUSTAN TEXTILE COLOURS LTD MALAMPUZHA ROAD, KANJIKODE WEST P.O.PALAKKAD DIST PIN-678623 REPRESENTED BYITS MANAGER (HR)MR.M.BALACHANDRAN 2. MR.M.BALACHANDRAN, MANAGER (HR) AUGUSTAN TEXTILE COLOURS LTD MALAMPUZHA ROAD, KANJIKODE WEST P.O.PALAKKAD DIST PIN-678623 BY ADV. SRI.E.K.NANDAKUMAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH RESPONDENT(S): ------------------- 1. STATE OF KERALA, REP.BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA SECRETARIAT, THIRUVANANTHAPURAM-695001 2. THE SUPERINTENDENT OF POLICE PALAKKAD-678623 3. THE SUB INSPECTOR OF POLICE, KASABA POLICE STATION, PUDUSSERY, PALAKKAD, PIN-678623 WP(C).No. 21526 of 2011(M) -2- 4. THE UNIT SECRETARY, DISTRICT TEXTILE MILL WORKERS UNION(CITU) C/O.CUGUSTAN TEXTILE COLOURS LTD, MALAMPUZHA ROAD,KANJIKODE WEST PALAKKAD-678623 5. THE UNIT SECRETARY, PALLAKAD DISTRICT TEXTILE MAZDOOR SANGHAM(BMS) C/O.AUGUSTAN TEXTILE COLOURS LTD, MALAMPUZHA ROAD, KANJIKODE WEST, PALAKKAD - 678623 6. THE UNIT SECRETARY, DISTRICT TEXTILE NATIONAL WORKERS UNION (INTUC) C/O.AUGUSTAN TEXTILE COLOURS LTD. MALAMPUZHA ROAD, KANJIKODE WEST, PALAKKAD - 678623 7. THE DISTRICT LABOUR OFFICER, THOZHIL BHAVAN, CIVIL STATION, PALAKKAD-PIN-678001 ADV. SRI.N.NAGARESH FOR R4-6 GOVT. PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21526 of 2011(M) APPENDIX PETITIONERS' EXTS EXT.P1:- TRUE COPY OF THE COMMON CHARTER OF DEMANDS SUBMITTED BY RESPONDENTS 4 TO 6 DATED NIL EXT.P2:- TRUE COPY OF THE REPLY DATED 25/04/11 ISSUED BY THE PETITIONERS. EXT.P3:- TRUE COPY OF THE CONCILIATION NOTICE DT.04/07/11 ISSUED BY THE 7TH RESPONDENT. EXT.P4:- TRUE COPY OF THE NOTICE DT.03/08/11 ISSUED BY RESPONDENTS 4 TO 6. EXT.P5:- TRUE COPY OF THE COMPLAINT DT.04/08/11 SUBMITTED TO THE 2ND RESPONDENT. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.21526 of 2011 ------------------------------------------------ Dated this the 20th day of August, 2011 JUDGMENT Pius C. Kuriakose, J On considering this Writ Petition for admission this Court on 16/08/11 passed an interim order directing respondents 2 and 3 to take appropriate steps for enabling the willing employees of the companies to have free ingress and egress to the factory premises. It was also directed that the vehicles coming into and out of the petitioner's factory premises will also be permitted free movement. We did become inclined to pass such interim order taking into account the submissions made by the respondents' counsel also that the respondents have no intention to obstruct ingress and egress. Today it is submitted by counsel for the respondents that the conciliation proceedings were W. P. C. No.21526 of 2011 -2- successful to a certain extent and a settlement has been arrived at, details of which are not known. We feel that it is not necessary for us to wait till the details of the conciliation settlement are known. According to us, the interim order passed by us on 16/08/11 grants to the petitioner necessary reliefs. We confirm that interim order and dispose of this Writ Petition accordingly. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- W. P. C. No.21526 of 2011 -3- PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.21526 of 2011 ------------------------------------------------ Dated this the 16th day of August, 2011 ORDER Pius C. Kuriakose, J Post on 20/08/11 as requested by the learned Government Pleader who wanted further time to get instruction from the DLO concerned. 2. In the meanwhile, there will be an interim order directing respondent Nos.2 and 3 to take appropriate steps for enabling the willing employees of the petitioner/company to have free ingress and egress to the factory premises. It will also be ensured that the vehicles coming into and out of the petitioner's factory premises will also be permitted free movement. In fact, the learned counsel for the party respondents submitted before us that the party respondents have no intention to obstruct ingress and egress by the W. P. C. No.21526 of 2011 -4- employees of the petitioner/company or the free movement of the vehicles. We record the above submission also. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-