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 8TH AUGUST 2011 / 17TH SRAVANA 1933 WP(C).No. 25922 of 2009(I) -------------------------- PETITIONER(S): --------------- 1. SREELAKSHMI CASHEW COMPANY, REP.BY MANAGING PARTNER P.SUNDARAM, LAKSHMI PRABHA, KADAPPAKADA P.O., KOLLAM-691 008. 2. SALIHA BEEVI, BLUE BELLS, KILIKOLLOOR, KOLLAM. BY ADV. SRI.N.D.PREMACHANDRAN SMT.LALIZA.T.Y. RESPONDENT(S): --------------- 1. DISTRICT SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, KOLLAM. 2. SUB INSPECTOR OF POLICE, EZHUKONE POLICE STATION, KOTTARAKKARA, KOLLAM. 3. OMANAKUTTAN, SECRETARY, CPM LOCAL COMMITTEE, CPM OFFICE, EZHUKONE. ADDL.R4. STATE OF KERALA, REPRESENTED BY THE SECRRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT. ADDL.R5.KERALA STATE CASHEW DEVELOPMENT CORPORATION, KOLLAM. (ADDL.R4 & R5 ARE IMPLEADED SUO MOTU AS PER ORDER DATED 30/9/2009) ADDL..R6.MURALI MADANTHAKODU, SECRETARY, CASHEW WORKER'S UNION (CITU) CPM AREA COMMITTEE OFFICE, EZHUKONE P.O. KOLLAM DISTRICT. R7. PRAKASH BABU, SECRETARY, ALL KERALA CASHEW NUT FACTORY WORKERS' FEDERATION (UTUC) KOLLAM - 13. R8. FASALUDEEN HUK, KASUANDI THOZHILALI KENDRA COUNCILL ( AITUC) M.N.SMARAKAM, CHINNAKKADA, KOLLAM. R9. V.SATHYA SEELAN KERALA KASUANDI THOZHILALI CONGRESS (INTUC) RAJIVIJI BHAVAN, EXHUKONE P.O. KOLLAM. (ADDL. R6 TO R9 ARE IMPLEADED AS PER ORDER IN I.A. NO.12225/09 DATED 8/1/2011) ADV. SRI.M.K.CHANDRA MOHANDAS FOR R3 SRI.MURALI MADANTHACODU FOR R3 SRI.C.UNNIKRISHNAN, SC, KSCDC LTD. FOR ADDL.R5 SRI.M.K.CHANDRA MOHANDAS FOR R6 & R7 SRI.V.G.ARUN FOR ADDL.R9 SRI.T.R.HARIKUMAR FOR ADDL.R9 BY GOVT.PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2011, ALONG WITH WPC NO. 25512 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).Nos.25512 & 25922 OF 2009 ------------------------ Dated this the 8th day of August, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioners in these writ petitions filed by the two different Cashew Companies seek police protection for the opening and functioning of the cashew factories referred to in the writ petitions. We notice that on 5/11/2009 this court after hearing the learned Government Pleader, counsel appearing for the Cashew Development Corporation and the counsel appearing for the various unions, noticed all relevant facts and passed an interim order, essential part of which is as follows; "In the above circumstances, there will be a direction to the police to render adequate and effective protection to the petitioners to re-open the factories. The undertaking made by the petitioners in both cases that they shall be liable for the benefits if any statutorily due to the workers during the period of closure and during WPC.No.25512 & 25922/2009 2 the period of work is recorded. It is also made clear that the parties shall co-operate with the conciliation now undertaken by the District Labour Officer. Still further it is made clear that the petitioners shall engage all the willing workers who are on the existing muster roll and in case they need any additional manpower, then alone other workers shall be recruited. There will be a direction to the petitioners to ensure that the workers get work for a minimum of 250 days in the year. It is made clear that the willing workers who start work shall be entitled to claim wages for 250 days eve if they do not get work from the petitioners. The interim order shall not stand in the way of continuing or initiating any action against the petitioners under the Kerala Cashew Factories (Acquisition) Act 1974 and under the provisions of the Industrial Disputes Act 1947, in accordance with law. " WPC.No.25512 & 25922/2009 3 2. Having gone through the pleadings raised by the parties and having heard the submissions addressed at the Bar, we feel that the above interim order which has not been varied since it was passed, grant to the petitioners all reliefs which they can legitimately aspire for. We confirm that interim order and in view of such confirmation, these writ petitions are disposed of. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk