IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 24TH JANUARY 2011 / 4TH MAGHA 1932 WP(C).No. 1477 of 2011(H) ------------------------------------- PETITIONER(S): ----------------------- NARESH NARENDRAN,PROPRIETOR,NARENDRAN POLYMERS,KALLUVATHUKAL.P.O,KOLLAM. BY ADV. SRI.BECHU KURIAN THOMAS SRI.PAUL JACOB (P) SRI.ROSHEN.D.ALEXANDER SMT.INDU SUSAN JACOB SMT.NISHA JOHN SRI.ENOCH DAVID SIMON JOEL RESPONDENT(S): -------------------------- 1. DISTRICT SUPERINTENDENT OF POLICE, KOLLAM-691001. 2. CIRCLE INSPECTOR OF POLICE,PARAVOOR POLICE STATION,KOLLAM-691301. 3. SUB INSPECTOR OF POLICE,PARIPPALLY POLICE STATION,KOLLAM-691574. 4. VINEETH.S,POONAMKONATHPUTHEVEEDU, CHIRAKKARA.P.O,KALLUVATHUKKAL,KOLLAM-691578. 5. RAMESH,S/O.REMANAN,ROADUVILA VEEDU, CHIRAKKARA.P.O,KOLLAM-691578. 6. MANOJ.V,THUNDUVILA VEEDU,KULATHOORKONAM, CHIRAKKARA.P.O,KOLLAM-691578. 7. A.I.T.U.C,GENERAL WORKERS UNION, CHATHANOOR,KOLLAM-691572,REPRESENTED BY ITS SECRETARY,S.BINU. R1 TO R3 BY GOVT. PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.1477 of 2011 ***************************** Dated this the 24th day of January, 2011 JUDGMENT BASANT, J. The petitioner has come to this Court with this petition for issue of directions under Article 226 of the Constitution of India to respondents 1 to 3 to afford police protection for the petitioner for removal of finished products, semi finished products etc. from an S.S.I unit by name `Narendran Polymers' run by him. According to the petitioner, there was an illegal strike and consequent lock out in the establishment. Finished products, semi finished products, raw materials apart from the moulds belonging to the buyer are available in the factory of the petitioner. In view of the strike/lock out, the petitioner is being prevented access to his premises. He is hence not able to remove the said articles from his premises. It is, in these circumstances, that the petitioner has come to this Court with this petition for issue of directions to respondents 1 to 3 to afford police protection to him. W.P(C) No.1477 of 2011 2 2. This petition was admitted on 07.01.2011 by another Bench of this Court. All the respondents have been served. Party respondents 4 to 7 have not chosen to enter appearance. We wanted the learned Government Pleader to ascertain whether the respondents arrayed are the persons really interested in the dispute. The learned Government Pleader after taking instructions submits that workmen represented by the 7th respondent have raised an industrial dispute before the District Labour Officer. The District Labour Officer has already convened a conciliation conference on 28.01.2011. The learned Government Pleader after ascertaining the details submits that to the knowledge of respondents 1 to 3, respondents 4 to 7 are not staking any claims over the finished products, semi finished products, raw materials and moulds belonging to the buyer which are available in the factory. Necessary protection can be afforded to the petitioner for removal of the above articles from the factory of the petitioner, submits the learned Government Pleader. 3. We note that respondents 4 to 7 have not raised any objections. We are satisfied that without going into the merits of W.P(C) No.1477 of 2011 3 the validity of justifiability of the strike/lock out, the short prayer made by the petitioner can be granted. In the absence of any opposition from respondents 4 to 7, who, though served, have not chosen to enter appearance, and in the light of the submission of the learned Government Pleader recorded above, we are satisfied that this Writ Petition can now be allowed. The learned counsel for the petitioner submits that the petitioner is unaware of the claim by the 7th respondent that the 7th respondent represents the workmen of the petitioner's establishment. However, it is not disputed that the 7th respondent has raised an industrial dispute before the District Labour Officer and the learned Government Pleader submits that the conciliation has been initiated by the District Labour Officer on the basis of that complaint of the 7th respondent. 4. We are satisfied that relief can be granted to the petitioner without prejudice to the contention of the petitioner that the 7th respondent does not represent the workmen employed by the petitioner. 5. In the result, this petition is allowed. Respondents 1 to 3 are directed to afford protection for the petitioner as against W.P(C) No.1477 of 2011 4 any obstruction by respondents 4 to 7 to remove finished products, semi finished products, raw materials and the moulds belonging to the buyer of the petitioner from the factory. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/