IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 WP(C).No. 18723 of 2011(M) -------------------------- PETITIONER(S): --------------- 1. STANDARD TREADS (P) LIMITED, REGISTERED OFFICE,MIDAS MARKETTING BUILDING, VARISSERY JUNCTION,MARIATHURUTHU PO, KOTTAYAM 686 027, REPRESENTED BY ITS DIRECTOR MR.JACOB MATHEW. 2. ANCHOR TREADS PRIVATE LIMITED REGISTERED OFFICE,MIDAS MARKETTING BUILDING, VARISSERY JUNCTION,MARIATHURUTHU PO, KOTTAYAM 686 027, REPRESENTED BY ITS DIRECTOR MR.ABRAHAM MATHEW. 3. IDEAL RUBBER PRIVATE LIMITED REGISTERED OFFICE,MIDAS MARKETTING BUILDING, VARISSERY JUNCTION,MARIATHURUTHU PO, KOTTAYAM 686 027, REPRESENTED BY ITS DIRECTOR MR.ABRAHAM MATHEW. BY ADV. SRI.JOSEPH KODIANTHARA, SENIOR ADVOCATE SRI.V.ABRAHAM MARKOS SRI.BINU MATHEW SRI.TERRY V.JAMES SRI.B.J.JOHN PRAKASH SRI.TOM THOMAS (KAKKUZHIYIL) RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, KOTTAYAM 686 001. 2. THE DEPUTY SUPERINTENDENT OF POLICE KANJIRAPPALLY, KOTTAYAM 686 507. ADV. SRI.N.NAGARESH FOR R5-8 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.18723/2011 APPENDIX PETITIONERS' EXHIBITS; EXT.P1: COPY OF MEMORANDUM OF SETTLEMENT DATED 9/2/2011 ENTERED INTO WITH RESPECT TO THE ETTUMANOOR INDUSTRIAL ESTATE. EXT.P2: COPY OF NOTICE OF STRIKE DATED 19/1/2011 ISSUED BY THE 5TH RESPONDENT. EXT.P3: COPY OF NOTICE OF STRIKE DATED 19/1/2011 ISSUED BY THE 6TH RESPONDENT. EXT.P4: COPY OF ARTICLE APPEARING IN THE JENMABHOOMI DATED 9/2/2011. EXT.P5: COPY OF LETTER DATED 9/2/2011 ISSUED BY THE 1ST PETITIONER TO THE 1ST TO 4TH RESPONDENTS. EXT.P6: COPY OF LETTER DATED 9/2/2011 ISSUED BY THE 2ND PETITIONER TO THE 1ST TO 4TH RESPONDENT. EXT.P7: COPY OF LETTER DATED 9/2/2011 ISSUED BY THE 3RD PETITIONER TO THE 1ST TO 4TH RESPONDENTS. EXT.P8: COPY OF COMPLAINT DATED 22/6/2011 RECEIVED FROM THE SECURITY ENGAGED BY THE 1ST PETITIONER. EXT.P9: COPY OF LETTER DATED 23/6/2011 ISSUED BY THE 1ST PETITIONER TO THE 1ST TO 4TH RESPONDENTS. EXT.P10: COPY OF LETTER DATED 23/6/2011 ISSUED BY THE 2ND PETITIONER T THE 1ST TO 4TH RESPONDENT. EXT.P11: COPY OF LETTER DATED 23/6/2011 ISSUED BY THE 3RD PETITIONER TO THE 1ST TO 4TH RESPONDENT. EXT.P12: COPY OF FIR NO.304 DATED 27/6/2011 REGISTERED BEFORE THE 4TH RESPONDENT ALONG WITH THE RELEVANT COMPLAINT ALSO DATED 27/6/2011. EXT.P13: COPY OF LETTER DATED 4/7/2011 ISSUED BY THE 1ST PETITIONER TO THE 1ST TO 4TH RESPONDENT. EXT.P14: COPY OF LETTERDATED 4/7/2011 ISSUED BY THE 2ND PETITIONER TO THE 1ST TO 4TH RESPONDENT. EXT.P15: COPY OF LETTER DATED 4/7/2011 ISSUED BY THE 3RD PETITIONER TO THE 1ST TO 4TH RESPONDENT. EXT.P16: COPY OF LETTER DATED 6/7/2011 RECEIVED BY THE MANAGER OF THE 3RD PETITIONER FROM BSNL. RESPONDENTS EXHBITS: EXT.R5(A) COPY OF WAGES SLIP ISSUED TO ONE OF THE SKILLED WORKER SRI.AJITH KUMAR P.S. EXT.R5(B): COPY OF THE CHARTER OF DEMAND DATED NIL SUBMITTED BY THE 5THR ESOPONDENT. EXT.R5(C) ; COPY OF THE CHARTER OF DEMAND DATED 8/10/2009 SUBMITTED BY THE 6TH RESPONDENT. //TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No.18723 OF 2011 ------------------------ Dated this the 18th day of August, 2011 JUDGMENT Pius C.Kuriakose, J. This writ petition has been filed by the petitioners companies seeking police protection for free ingress and egress of various personnel of the company including security personnel to and from the common compound at Eranjal, Parampuzha, Kottayam housing the six factories belonging to the petitioners without any obstruction, threat or violence from respondents 5 to 8. Other reliefs are also sought for in this writ petition. 2. on considering this writ petition for admission, we on 11/7/2011 passed the following interim order; "Post on 15/7/2011. In the meanwhile, respondents 3 and 4 are directed to render adequate and effective police protection for the free entry and exit of the security personnel of the WPC.No.18723/2011 2 petitioners companies to and from their common compound at Eranjal, Parampuzha, Kottayam housing six factories of the petitioners bearing the Panchayat Door Nos. VGP/11 -434 & 435, VGP/II - 432, 433 and VGP/II - 439, 440, 441, 443 & 444, VGP/II-431 and VGP/II 430 & 445, VGP/11-436,437 & 438, without any obstruction, threat or violence from respondents 5 to 8 or anybody acting under them. GP is also directed to seek instructions immediately from 1st respondent regarding the correctness of the averments in this writ petition and as to what is the state of affairs presently prevailing in the premises of six factories of the petitioners. " 3. Counter affidavit has been filed by respondents 5 to 8, wherein they contend that labour disputes are pending between the petitioners companies and the trade unions concerned for disposal. 4. We have heard the submissions of Sri. Joseph Kodianthara, learned senior counsel appering for the petitioners WPC.No.18723/2011 3 and the learned counsel for the contesting respondents. It was submitted by the learned counsel for the contesting respondents that there is no serious objection in this court continuing the interim order. Mr.Kodianthara learned senior counsel submitted that as the factories are in need of maintenance and repairs, the personnel attending the maintenance work, and repair works also should be given the benefit of the interim order already passed, as without maintenance or repairs the factories will not be able to start functioning. 5. We feel that the above request of the senior counsel is quite reasonable. under the above circumstances, the writ petition itself will stand disposed of making the interim order dated 11/7/2011 absolute. It is clarified that the benefit of that interim order will be applicable to those workers who are engaged by the petitioners companies for doing the repairs and maintenance of the factory buildings. We clarify that this judgment does not stand in the way of the contesting respondents resorting to the provisions of Industrial Law including conciliation proceedings for settlement of their disputes and also in launching agitations in a manner not offending the WPC.No.18723/2011 4 interim order already made absolute. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk