IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 WP(C).No. 18328 of 2010(M) -------------------------- PETITIONER(S): --------------- 1. FAST AND SAFE TRANSPORTS PVT. LTD., ELOOR TRANSHIPMENT YARD, UDYOGAMANDAL P.O., ERNAKULAM. 2. V.A.MOHAMMED ASHRAF, AGENT, FAST AND SAFE TRANSPORTS PVT. LTD., ELOOR TRANSHIPMENT YARD, UDYOGAMANDAL P.O., ERNAKULAM. BY ADV. SRI.JOHN JOSEPH VETTIKAD RESPONDENT(S): --------------- 1. THE CIRCLE INSPECTOR OF POLICE, KALAMASSERY. 2. SUB INSPECTOR OF POLICE, ELOOR. 3. GENERAL WORKERS UNION (AFFILIATED TO AITUC), ELOOR, UDYOGAMANDAL-683 501, REP. BY ITS SECRETARY-M.T.NIXON. 4. DISTRICT LABOUR OFFICER, CIVIL STATION, KAKKANAD, ERNAKULAM. BY GOVT. PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.18328 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of June, 2010 JUDGMENT Basheer, J. The prayer in this writ petition, which is at the instance of a Private Limited Company engaged in the business of Goods transport is that members and sympathisers of respondent No.3 - Trade Union, are causing obstruction to the smooth functioning of the company. Petitioners seek an appropriate direction to respondents 1 and 2 to provide adequate protection to them and their workers to carry on loading and unloading work at their transshipment centre at Eloor. There is a further prayer to issue a writ in the nature of mandamus to respondents 1 and 2 to take appropriate legal action against the members of respondent No.3 Union, if they continue to cause obstruction to the petitioners and their workers in the peaceful conduct of their day- to-day affairs. 2. It is submitted by Sri.A.Jayasanker, learned counsel for respondent No.3 that the members of the union have not caused any W.P.(C)No.18328 OF 2010 2 obstruction to the functioning of the petitioner company so far. It is further asserted by the learned counsel that neither the members of the union nor their supporters will cause any hindrance to the smooth functioning of petitioner company. 3. However, learned counsel for the petitioners submits that even this morning some of the members of respondent No.3 Union had, in fact, caused hindrance to the loading and unloading activity at the premises. 4. Learned counsel for respondent No.3 takes strong exception to the above submission and denies the above allegation. 5. Any how, in view of the unambiguous undertaking given by the learned counsel on behalf of respondent No.3, which we have recorded supra, we do not find any reason to assume that supporters of respondent No.3 union will cause any obstruction or hindrance to the smooth functioning of petitioner No.1 company. However, if any obstruction is caused by the members or supporters of respondent No.3 Union at the transshipment centre at Eloor where petitioner No.1 is carrying on its business, respondents 1 and 2 shall ensure that adequate W.P.(C)No.18328 OF 2010 3 protection is afforded to ensure smooth functioning of petitioner No.1 company. Those who cause any illegal obstruction shall be dealt with in accordance with law and such obstruction shall be removed promptly. Writ petition is disposed of in the above direction. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. W.P.(C)No.18328 OF 2010 4