IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 6TH APRIL 2011 / 16TH CHAITHRA 1933 WP(C).No. 9092 of 2011(J) --------------------------------------- PETITIONER(S): ------------------------- MUHAMMA CLAM MARKETING PROCESSING & GENERAL MARKETING CO-OP.SOCIETY LTD.A.1078, MUHAMMA PO, ALAPPUZHA, PIN 688 525 REPRESENTED BY ITS SECRETARY, I.JEEJA. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S): --------------------------- 1. THE SUPERINTENDENT OF POLICE, ALAPPUZHA. 2. THE SUB INSPECTOR OF POLICE, MANNANCHERRY. 3. SMT.SUKUMARI, D/O.KARHYAYANI, VATHISSERI CHIRAYI, PONNAD PO, MANNANCHERRY, PIN 688 538, ALAPPUZHA DISTRICT. 4. SMT.SUSHAMA, W/O.SANTHOSHKUMAR, PANAKKAPARAMBIL, PERUMTHURUTH, MUHAMMA PO, PIN 688 525. 5. SMT.LEELAMANI, W/O.BHARATHAN, PADINHARE KANDANAD, PONNAD P.O., MANNANCHERRY, PIN 688 525, ALAPPUZHA DISTRICT. R1 & R2 BY GOVERNMENT PLEADER SMT. C.M.CHARISMA R3 TO R5 BY ADVS. SRI.S.RAJKUMAR, SRI.B.UNNIKRISHNAN (ADOOR) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/04/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.9092/2011 J APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE BYE LAW OF THE PETITIONER SOCIETY. P2: COPY OF G.O.(MS) NO.58/05/JD DTD. 30/05/2005. P3: COPY OF THE LIST OF MEMBERS OF THE PETITIONER SOCIETY. P4: COPY OF LIST OF THE PRESENT MANAGING COMMITTEE MEMBERS OF THE PETITIONER SOCIETY. P5: COPY OF PETITION DTD. 19/03/2011 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: R3(A): COPY OF THE PETITION DTD. 20/03/2011 SUBMITTED BY BAHULEYAN BEFORE THE ALAPPUZHA DISTRICT LABOUR OFFICER. /TRUE COPY/ P.A.TO JUDGE Kss R. BASANT & K. SURENDRA MOHAN, J J. ........................................... W.P(C).NO.9092 OF 2011 ............................................. Dated this the 6th day of April, 2011. JUDGMENT Basant, J. The petitioner society has come before this Court with this petition for issue of a direction under Article 226 of the Constitution of India to respondents 1 and 2, police officials, to afford police protection for the society and its members against respondents 3 to 5. 2. The Society is engaged in the activity of mining black lime shells over an area of about 49000 hectares of land in Kayal Puramboke in Mananacherry village of Ambalappuzha taluk. According to the petitioner, individual members do the mining and shells are left in the premises of the individual members. From there, the members themselves transport the lime shells to the collection centres of the petitioner society from where the society transports the lime shells to persons who need them. Some of the members are not able to transport their lime shells to the collection centres of the petitioner. To transport W.P(C).NO.9092 OF 2011 : 2 : the lime shells of such members, society used to engage persons. Such persons are not outsiders but they are only members of the society themselves. Respondents 3 to 5 used to be engaged by the society along with some other members for such work of transportation of lime shells from the premises of the individual members to the collection centres maintained by the petitioner. There are now certain disputes and in these circumstances the society has directed its members to ensure that transportation of lime shells is undertaken by the members themselves from their premises to the collection centres. According to the petitioner, respondents 3 to 5 are illegally obstructing such transportation. It is in these circumstances prayed that police protection may be afforded to the petitioner. 3. Respondents 3 to 5 have entered appearance. According to them, they have been working for years under the petitioner. Petitioner has illegally and unjustly denied employment to respondents 3 to 5. Respondents 3 to 5 W.P(C).NO.9092 OF 2011 : 3 : are willing to work. The petitioner is only attempting by filing this petition to virtually deny employment to respondents 3 to 5. It may be recorded that respondents 3 to 5 are willing to work. They may be permitted to work as before. No orders of police protection may be granted to them. 4. According to respondents 3 to 5, lime shells have to be collected from the premises of individual members and such lime shells have to be transported to the collection centres. Persons engaged in such activity like respondents 3 to 5 have to carry the lime shells through the private property of several persons. Such private persons have raised objections. Respondents 3 to 5 complained to the petitioner and requested the petitioner to take necessary steps to ensure that they are permitted to go through such private properties without any obstruction. This had infuriated the petitioner and consequently the petitioner has started to deny employment to respondents 3 to 5. Learned counsel for respondents 3 to 5 submits that W.P(C).NO.9092 OF 2011 : 4 : conciliation authority under the Industrial Disputes Act has already been moved to initiate proceedings for conciliation. In these circumstances, no orders for police protection may be granted to the petitioner, it is prayed. 5. Learned counsel for the petitioner submits that, if respondents 3 to 5 are willing to work as before and any member of the society is still unable to carry their lime shells from their premises to the collection centres, the petitioner society shall engage members for such work and respondents 3 to 5, if they are willing to do such work can claim such employment and wages. Petitioner society does not want to deny employment to respondents 3 to 5. They will be continued to be employed as before, if they are wiling, provided members state to the society that they are unable to carry lime shells from their premises to the collection centres. 6. We have considered all the relevant inputs. In the light of the submission of both sides, we find that the area of dispute is rather narrow. Respondents 3 to 5 claim that W.P(C).NO.9092 OF 2011 : 5 : they are entitled to do the work. If there is work the petitioner is willing to employ respondents 3 to 5, like other employees of the society. The petitioner only prays that there may be an order of police protection given in favour of the petitioner against any illegal obstruction that respondents 3 to 5 may raise against willing members carrying their lime shells from their premises to the collection centres. We are satisfied that the said request can be accepted and appropriate direction can be issued. 7. In the result: a. This petition is allowed. b. Respondents 1 and 2 are directed to ensure that police protection is offered to the petitioner and members of the petitioner society who are willing and want to carry their lime shells from their premises to the collection centres maintained by the petitioner. c. We make it clear that this order shall not in any way fetter the rights of respondents 3 to 5 to work W.P(C).NO.9092 OF 2011 : 6 : as employees of the petitioner, if the petitioner engages them for such work. d. We make it further clear that this order shall not in any way fetter the rights of respondents 3 to 5 to pursue and prosecute the proceedings which have already initiated before the District Labour Officer for conciliation of the dispute. R. BASANT, JUDGE. K. SURENDRA MOHAN,JUDGE. cl