IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 WP(C).No. 28400 of 2010(Y) ------------------------------------- PETITIONER(S): -------------------- 1. P.S.BINU,PAZHOOR HOUSE, PALAMPARA,KANJIRAPALLY. 2. P.S.ANIL, PAZHOOR HOUSE, PALAMPARA,KANJIRAPALLY. BY ADV. SRI.M.A.FAYAZ RESPONDENT(S): --------------------- 1. P.G.SIBYMON,S/O.GOPALAN,POOTHAKUZHIYIL HOUSE,PAVATHODU, KANJIRAPALLY-686507. 2. SECRETARY,ERNAKULAM DISTRICT WORKERS UNION,REGISTRATION NO.490/75 CITU,KALOOR BUS STAND, ERNAKULAM-682017.. 3. DISTRICT LABOUR OFFICER,KOTTAYAM-686002. 4. SUB INSPECTOR OF POLICE,KANJIRAPALLY-686507.. 5. COMMISSIONER OF POLICE,ERNAKULAM-682031. R3 TO R5 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.28400 OF 2010: PETITIONER'S EXHIBITS: EXT.P1.PHOTOCOPY OF THE PERMIT IN RESPECT OF VEHICLE NUMBER KL 34 5004. EXT.P1A.PHOTOCOPY OF THE PERMIT IN RESPECT OF VEHICLE NUMBER KL 34 9345. EXT.P1B.PHOTOCOPY OF THE PERMIT IN RESPECT OF VEHICLE KL 34 6136. EXT.P1C.PHOTOCOPY OF THE PERMIT IN RESPECT OF VEHICLE KL 34 7879. EXT.P2. PHOTOCOPY OF THE NOTICE DATED 17.6.2010. EXT.P3. PHOTOCOPY OF THE COMPLAINT SUBMITTED BEFORE THE 3RD RESPONDENT. EXT.P4.PHOTOCOPY OF THE COMPLAINT SUBMITTED TO THE 5TH RESPONDENT. K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ W.P.(C) No.28400 of 2010-Y ---------------------------------------------- Dated, this the 22nd day of November, 2010 J U D G M E N T K.M.Joseph, J. Petitioners have approached this court seeking police protection. 2. Briefly put, the case of the petitioners is as follows: Petitioners are brothers conducting stage carriage services. They are having permanent registered workers registered with Kerala Motor Transport Workers Fund and also with the Assistant Labour Officer. When their permanent workers are not well or takes leave, petitioners used to hire workers on daily wages. On a few occasions the Ist respondent was similarly employed on daily wages. But, he was a troubleshooter and always creates trouble one after another. He was convicted by the Sessions Court, for kicking out a passenger from a bus and sentenced for offences under Sec.308 and 323 of the IPC. Further his license was suspended. The Ist respondent has joined hands with the 2nd respondent union who has no role to interfere and is threatening the petitioners of dire consequences if the Ist respondent is not given permanent employment. Petitioner has moved the 5th respondent. 3. There is already an interim order. There is no WPC No.28400/2010 -2- appearance for respondents 1 and 2. We heard the learned counsel for the petitioners and learned Government Pleader. In the circumstances of the case, we dispose of the writ petition. As and when the petitioners complain of any obstruction of their stage carriage service by Ist respondent and members of 2nd respondent before the 5th respondent, we direct the 5th respondent to look into the complaint and if the complaint is found to be genuine he shall afford protection to the petitioners as against the Ist respondent and members of the 2nd respondent. We further make it clear that we have not pronounced on the rights of the Ist respondent if any, and it is open to the Ist respondent to take up the matter before any statutory authority. The statutory authority will be free to take a decision in the matter untrammelled by anything contained in this judgment. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS