IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 14TH JANUARY 2011 / 24TH POUSHA 1932 WP(C).No. 36716 of 2010(L) -------------------------------------- PETITIONER(S): ---------------------- GANDHIGRAM AGROBASED INDUSTRIAL CO-OPERATIVE SOCIETY LTD., (GAICO LTD.), KURAVILANGAD P.O., PIN-686 633, KOTTAYAM DISTRICT, REPRESENTED BY ITS SECRETARY, GEORGE MANI. BY ADV. SRI.SUNIL CYRIAC RESPONDENT(S): ------------------------- 1. THE DIRECTOR OF INDUSTRIES AND COMMERCE, DIRECTORATE OF INDUSTRIES AND COMMERCE, THIRUVANANTHAPURAM-01. 2. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, KOTTAYAM-01. 3. THE SUPERINTENDENT OF POLICE, KOTTAYAM, OFFICE OF THE SUPERINTENDENT OF POLICE, COLLECTORATE, KOTTAYAM-01. 4. THE CIRCLE INSPECTOR OF POLICE, ETTUMANOOR, ETTUMANOOR P.O., PIN-686 631, KOTTAYAM DISTRICT. 5. THE SUB INSPECTOR OF POLICE, KURAVILANGAD, KURAVILANGAD P.O., PIN-686 633, KOTTAYAM DISTRICT. 6. THE GAICO EMPLOYEE'S UNION (KTUC-M), KURAVILANGAD, KURAVILANGAD P.O., PIN-686 633, KOTTAYAM DISTRICT, REPRESENTED BY ITS SECRETARY, SEBASTIAN CHERIAN. 7. THE DEPUTY LABOUR OFFICER, KOTTAYAM-01. R1 TO R5 & R7 BY GOVT. PLEADER MR.T.K. VIPINDAS. R6 BY ADV. SRI.JOBI JOSE KONDODY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C) NO. 36716/2010-L APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMMUNICATION BEARING NO.HC-C3/5641/2005 DATED 31/08/2005 OF THE 1ST RESPONDENT. EXT.P2: COPY OF THE COMMUNICATION BEARING NO.C3/6300/2008 DATED 13/03/2008 OF THE 2ND RESPONDENT. EXT.P3: COPY OF THE NOTICE DATED 02/11/2010 SUBMITTED BY THE PRESIDENT OF THE 6TH RESPONDENT UNION. EXT.P4: COPY OF THE REPRESENTATION DATED 29/11/2010 SUBMITTED BY THE PRESIDENT OF THE PETITIONER SOCIETY TO RESPONDENTS 4 AND 5. EXT.P5: COPY OF THE REPRESENTATION DATED 01/12/2010 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R6(a): COPY OF THE AGREEMENT DATED 28/11/1996. //TRUE COPY// P.S. TO JUDGE rs R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO: 36716 OF 2010 L ----------------------------------------------------------- Dated this the 14th January, 2011. JUDGMENT Basant, J. It is admitted at all hands that the strike has been withdrawn and the employees have resumed work. In these circumstances there is no threat which justifies the prayer for issue of directions under Art.226 of the Constitution to respondents 1 to 5 to provide police protection. The learned counsel for the petitioner however submits that yet the crux of the dispute has not been resolved as the petitioner finds himself unable to agree to any hike in wages without the permission of the Government. The agreement has now been reached subject to the concurrence of the Government. Petitioner anticipates further problems if the government were not to give concurrence. 2. That is an event to take place in future. We are satisfied that no directions for police protection need now be given. As the apprehension of threat and violence has now abated and is non-existent now we are satisfied that no further directions are WPC 36716/2010 2 necessary in this writ petition. This writ petition is accordingly dismissed. We may clarify that disposal of this writ petition will not in any way fetter the rights of the petitioner in case if wants to seek police protection later under changed circumstances. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 36716/2010 3