IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 WP(C).No. 15424 of 2009(W) -------------------------- PETITIONER(S): --------------- SAMEER.K.Y.,AGED 31 YEARS, S/O. A.M. YAHIA,REGIONAL MANAGER, INDIA BULLS CREDIT SERVICE LTD., III=RD FLOOR, TRUST PHARMA BUILDING, KOYYETH LANE, JANATHA JUNCTION, PALARIVATTOM, KOCHI-25. BY ADV. SRI.LIFFY P. FRANCIS RESPONDENT(S): --------------- 1. THE COMMISSIONER OF POLICE, ERNAKULAM. 2. PRAVEEN.N.R., PREETHA NIVAS, VETTUKATTIL TEMPLE ROAD, ELAMAKKARA.P.O., KOCHI. 3. ANIL KUMAR.K.S. SREEVIHAR, PILLAMTHURUTH LANE,EROOR.P.O., TRIPUNITHURA. 4. NEW GENERATION BANK AND INSURANCE EMPLOYEES UNION, MARUTHI LODGES, CANON SHED ROAD, BOAT JETTY, ERNAKULAM REP. BY ITS SECRETARY SRI. VINOD. 5. HENRY JOSE, S/O. HENRY, KURUPPATH HOUSE, KONGORPPILLY KARA, AALANGAD VILLAGE,VARAPPUZHA. BY GOVT. PLEADER SRI.P.A.SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO.15424 OF 2009 EXT.P1 TRUE COPY OF THE APPOINTMENT LETTER OF THE 2ND RESPONDENT DATED 1.12.2007 RECEIVED FROM INDIABULLS. EXT.P2 TRUE COPY OF COMMUNICATION DATED 3.12.2008 SENT BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P3 TRUE COPY OF THE APPOINTMENT LETTER OF 3RD RESPONDENT DT. 1.11.2007. EXT.P4 TRUE COPY OF THE WRITTEN COMPLAINT SUBMITTED BY A CUSTOMER SAJI MATHEW BEFORE THE PETITIONER COMPANY. EXT.P5 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER AGAINST 3RD RESPONDENT BEFORE THE S.I. OF POLICE, PALARIVATTOM DATED 20.2.09 EXT.P6 TRUE COPY OF THE TERMINATION LETTER AGAINST THE 3RD RESPONDENT DATED 5.2.09 FROM TALENT MAXIMUS EXT.P7 TRUE COPY OF A MASS PETITION TO THE FIRST RESPONDENT COMMISSIONER OF POLICE, ERNAKULAM, DATED 7.4.2007 ISSUED FROM STAFFS/AGENTS AND EMPLOYEES OF THE COMPANY. EXT.P8 TRUE COPY OF COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE C.I. OF POLICE, FORT KOCHI, DATED 26.5.2009. EXT.P9 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT COMMISSIONER OF POLICE, ERNAKULAM. EXT.P10 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE HOME MINISTER, KODIYERI BALAKRISHNAN DATED NIL. //TRUE COPY// P.A. TO JUDGE. P.R.RAMAN & P.BHAVADASAN, JJ. ------------------------------- W.P.(C) No. 15424 of 2009 ------------------------------- Dated this the 8th June, 2009 J U D G M E N T Raman, J. Complaining that there is threat from fifth respondent, at the instance of respondents 2 to 4, and seeking police protection, this writ petition is filed. 2. Pursuant to notice, respondents 2 and 3 entered appearance. We have heard the learned Government Pleader also. 3. Respondents 2 and 3 were employees under the company of the petitioner whose services has since been terminated for alleged misconduct. It is the contention of the petitioner that in the earlier writ petition filed at the instance of the Branch Manager, wherein this Court directed to maintain law and order, the petitioner was not a party. It is submitted that now respondents 2 and 3 are threatening the petitioner with the active aid and support of fifth respondent. W.P.(C) No.15424 of 2009 2 4. Fifth respondent has not entered appearance. It is stated that fifth respondent is an anti-social element. Respondents 2 and 3 denied the allegation that they are causing any threat to the petitioner. 5. Having heard both sides, we are of the view that if there is any labour dispute between respondents 2 and 3 and the petitioner, it is a matter which could be adjudicated by raising complaint before the appropriate authorities. Under the guise of labour dispute, nobody can take law into their own hands and cause threat. Since there is already an interim direction to maintain law and order, the same is made absolute and the writ petition is closed. P.R.RAMAN, JUDGE P.BHAVADASAN , JUDGE. nj.