IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 WP(C).No. 26141 of 2011(P) ---------------------------------- PETITIONER(S): -------------------- M/S.COCHIN MINERALS & RUTILE LIMITED POST BOX NO.79, VIII/224, MARKET ROAD, ALUVA - 683 101, REPRESENTED BY ITS AUTHORISED SIGNATORY C.B.SUNIL KUMAR. BY ADVS. SRI.E.K.NANDAKUMAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH RESPONDENT(S): -------------------- 1. THE SUPERINTENDENT OF POLICE (RURAL), ALUVA - 683 101. 2. THE DEPUTY SUPERINTENDENT OF POLICE, ALUVA - 683 101. 3. THE CIRCLE INSPECTOR OF POLICE, ALUVA - 683 101. 4. THE SUB INSPECTOR OF POLICE, ALUVA, ERNAKULAM DISTRICT - 683 101. 5. THE SUB INSPECTOR OF POLICE, BINANIPURAM POLICE STATION, KALAMASSERY, ERNAKULAM DISTRICT - 683 502. 6. CMRL EMPLOYEES' ASSOCIATION (INTUC), INTUC OFFICE, MUPPATHADAM P.O., ALUVA - 683 110, REPRESENTED BY ITS PRESIDENT K.K.JINNAS. Svs ........2/-.... ...2... WPC. NO.26141/2011 7. CMRL WORKERS' UNION (CITU) MUPPATHADAM P.O., ALUVA - 683 110, REPRESENTED BY ITS SECRETARY V.M.SASI. 8. CMRL EMPLOYEES' SANGH (BMS) BMS OFFICE, ELOOR, UDYOGAMANDAL - 683 501, REPRESENTED BY ITS GENERAL SECRETARY M.M.RAMESH. R1 TO R5 BY GOVT. PLEADER SRI.DINESH MATHEW MANJOORAN R6-8 BY ADVS. SRI.K.SHRIHARI RAO SMT.N.SHOBHA SRI.K.S.BALAKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 26141/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE NOTICE DATED 29/09/2011 SUBMITTED BY THE TRADE UNION CO-ORDINATION COMMITTEE. P2: COPY OF A LETTER DATED 29/09/2011 ADDRESSED TO THE 5TH RESPONDENT REQUESTING TO ENSURE THE SMOOTH FUNCTIONING OF THE OFFICE OF THE PETITIONER COMPANY. P3: COPY OF THE LETTER DATED 29/09/2011 ADDRESSED TO THE 4TH RESPONDENT WITH COPIES MARKED TO RESPONDENTS 2 AND 3. RESPONDENT'S EXHIBITS: R6(a):COPY OF THE CHARTER OF DEMANDS DATED 30/08/2010 SUBMITTED BY THE 8TH RESPONDENT UNION TO THE PETITIONER COMPANY. /TRUE COPY/ P.A. TO JUDGE. svs PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- WP(C).No.26141 of 2011 --------------------------------- Dated this the 17th day of October, 2011 JUDGMENT Pius C.Kuriakose ,J. In this writ petition filed by M/s.Cochin Minerals and Rutile Limited seeking police protection for working of their office and factory in the wake of a call for strike made by the members of respondents 6 to 8 union. This court became inclined to issue an interim order in the following terms on 30.9.2011. “ Respondents 1 to 5 or the concerned among them will afford effective and adequate protection to the petitioner company at its factory at Edayar, Kalamassery and also at its head office at Aluva to ensure that there is no obstruction to the free ingress and egress of the Executives, Staff, Workmen, Customers, business associates and vehicles to and from the factory of the petitioner at Edayar, Kalamassery or its head office at Aluva for a period of two weeks.” The above interim order is in currency. When the writ WP(C).26141/2011 2 petition came up for admission on today learned counsel for the petitioner requested that the above interim order be extended and the case be adjourned by two weeks. Learned counsel for the union submitted that the strike which is anticipated by the petitioner has never taken place and negotiations are very sincerely going on for settlement of the dispute between them. Hence continuance of the interim order is not required. At the moment there is no cause of action, is the submission of the learned counsel. 2. Having considered the submissions including the submission of the learned counsel for the Union that at the moment there is no cause of action we dispose of the writ petition confirming the interim order dated 30.9.2011. We close this writ petition without examining the merits of the rival contentions. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ WP(C).26141/2011 3