IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 WP(C).No. 25444 of 2011(E) -------------------------- PETITIONER(S): --------------- RAMAVARMA DISTRICT,CLUB,ALAPPUZHA,REP.BY ITS GENERAL SECRETARY,PHILIP ABRAHAM,ADVOCATE. BY ADV. SRI.P.G.THAMPI, SENIOR ADVOCATE SRI.G.PRIYADARSAN THAMPI RESPONDENT(S): --------------- 1. THE STATE OLF KERALA,REP.BY SECRETARY, HOME DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM.695001 2. AMBALAPUZHA TALUK SHOP AND ESTABLISHMENT EMPLOYEES ASSOCIATION(A.I.T.U.C)REP.BY ITS SECRETARY,LAKSHMI LODGE, JETTY ROAD,ALAPPUZHA 688 013. 3. SRI.V.MOHANDAS,ADVOCATE,SECRETARY, AITUC,DISTRICT COMMITTEE ,ALAPPUZHA 688 013. 4. V.R.SASIKUMAR,AGEDC 51 YEARS, S/O.RAGHAVAN,VADAKKALASSERIYIL,THUMPOLI PO, ALAPPUZHA.688008 5. SHIBUKUMAR,AGED 51 YEARS,S/OI.VASU, VYSAMPARAMBIL,PATHIRAPPALY PO,ALAPPUZHA.688004 6. RATHEESH.D.V,AGED 27 YEARS, S/O.DATHAN,POTTAYIL HOUSE,KAMAL WARD,ALAPPUZHA.688002 7. VISHNU.T,AGED 21 YEARS,S/O.THILAKAN, KALATHUVELI,KOTTAMKULANGARA,ALAPPUZHA.688003 8. SHAJI.M,AGED 39 YEARS, S/O.MOIHANAN,KRISHNA VILAS,SOUTH ARYAD,KOMALAPURAM ALAPPUZHA.688001 9. SARATH.A.S,AGED 25 YEARS,S/O.SASI, ARACKAL HOUSE,VECHOR PO, VAIKO,,KOTTAYAM DISTRICT.686144 10. SANAL KUMAR,AGED 27 YEARS, S/O.NANDAN ACHARI,PAZHAYAKAD,SANATHANAM WARD, ALAPPUZHA.688001 11. JAIKUMAR.J,AGED 24 YEARS, S/O.JAYACHANDRAN,KATTUMKAL,KAMBIKKAKAM, THONDUKULANGARA,ALAPPUZHA.688001 12. SASI KUTTAN.T.P,AGED 29 YEARS, S/O.PURUSHAN,THAIPARAMBIL.BEACH WARD,ALAPPUZHA.688003 13. K.VISWAPPAN,AGED 64 YEARS,S/O.VELAYUDHAN PATTIRI PARAMBU,A.N.PURAM,ALAPPUZHA.688001 14. V.BABU,AGED 60 YEARS,S/O.VARGHESE, THAIPARAMBIL,BEACH WARD, ALAPPUZHA.688003 15. T.K.A.HAKKIM,AGED 42 YEARS, S/O.THAMPIKUNJU,KANDATHILPARAMBU,VALIYA MARAM WARD ALAPPUZHA.688003 16. SAJI SEBASTIAN,AGED 34 YEARS, S/O.SEBASTIAN,SRAMBIKAL HOUSE,PALLITHODU, THURAVOOR,ALAPPUZHA.688532 17. C.MOHANRAJ,AGED 45 YEARS,S/O.CHELLAPAN FAROL NIVAS, PATTERI PARAMBU,A.N.PURAM, ALAPPUZHA.688001 18. THE DISTRICT POLICE CHIEF,ALAPPUZHA.682001 19. THE CIRLCE INSPECTOR OF POLICE, ALAPPUZHA SOUTH POLICE STATION,ALAPPUZHA.688001 20. THE SUB INSPECTOR OF POLICE,ALAPPUZHA SOUTH POLICE STATION,ALAPPUZHA.688001 GOVT.PLEADER SMT.C.M.CHARISMA ADV.JOHN BRITTO (R6,9,10,13 TO 15) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.25444/2011 APPENDIX PETITIONER'S EXHIBITS: EX.T.P1: COPY OF THE BYE-LAW OF THE PETITIONER CLUB. EXT.P2: COPY OF THE LETTER DATED 10/2/2011 ISSUED BY THE SECURITY SERVICE VASS GROUP. EXT.P3: COPY OF ACQUTTANCE ROLL OF THE PETITIONER CLUB FOR THE MONTH OF FEBURARY 2011. EXT.P4: COPY OF ACQUITTANCE ROLL OF THE PETITIONER CLUB FOR THE MONTH OF MARCH 2011. EXT.P5: COPY OF THE SAID AGREEMENT DATED 12/5/2011 ENTERED INTO BETWEEN THE PETITIONER CLUB AND THE 2ND AND 3RD RESPONDENTS. EXT.P6: COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE DITRICT POLICE CHIEF, ALAPPUZHA DATED 13/9/2011. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No.25444 OF 2011 ------------------------ Dated this the 30th day of September, 2011 JUDGMENT Abdul Rehim, J. The petitioner is a club established in the year 1894. It is a Society registered under the provisions of the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act 1965. It is stated that the petitioner club is having respondents 13 to 17 herein as permanent workers. Respondents 4 to 12 are persons engaged as security staff in the club, through a Man Power Supply Agency viz. 'Vaas Group'. The 2nd respondent is a labour union and the 3rd respondent is its Secretary. It is stated that the respondents 3 to 17 under leadership of the 2nd respondent is conducting agitations and strike on the basis of dispute pertaining to demand for various benefits to the staff. Under the guise of the strike, the respondents 2 to 17 are creating obstructions to the functioning of the club, is the allegation. It is alleged that they are threatening members of the club from entering into the premises and from parking their vehicles within the premises of the club. It is further alleged that WPC.No.25444/2011 2 on 7/9/2011 when the members of the club were celebrating 'Onam Festival', the respondents 2 to 17 with the assistance of some outsiders entered the premises of the club shouting slogans and abusing the members using filthy language. Due to the illegal and highhanded actions functioning of the club could not be continued in a peaceful manner. According to the petitioner, even though complaint was submitted about the illegal activities to the 18th respondent, no effective steps has been taken. Hence this writ petition is filed. 2. We heard learned counsel appearing for respondents, 6,9,10,13,14 and 15. In spite of service of notice others among the party respondents have not chosen to enter appearance or to contest the case. It is contended by learned counsel that respondents, 6,9 and 10 are also permanent workers of the club and the allegations made otherwise are not true and correct. According to the respondents, they have not created any obstruction to the functioning of the club or to its members in entering into the premises. On the other hand, it is contended that, there exist a labour dispute and proceedings have already been initiated before the competent labour authorities. It is WPC.No.25444/2011 3 also stated that with respect to the strike conducted, proper notice was issued to the petitioner and the authorities concerned. 3. Learned Government Pleader appearing on behalf of respondents 1 and 18 to 20 submitted that, there exist a labour dispute and notice was received from respondents 2 to 17 calling for the strike. According to the police officials, there was no incident of any obstruction caused to the members of the club, after receipt of Ext.P6 complaint. It is also stated that the parties were called to the Station House and they were advised to resort to appropriate remedy before competent authorities. Learned Government Pleader further submitted that if there is any obstruction caused to the functioning of the club, necessary steps will be taken to afford protection. 4. Considering the factual circumstances and the rival contentions raised at the Bar, we are of the considered opinion that the respondents 2 to 17 have no manner of right to create obstructions to the functioning of the club or to its members from entering into the premises and parking their vehicles and enjoying the facilities provided therein, or to the free ingress and WPC.No.25444/2011 4 egress to the properties of the petitioner club. At the same time, we observe that if there exists any dispute regarding terms of employment of respondents 2 to 17, they are at liberty to approach the competent authorities in order to redress their grievances. 5. In the result, we dispose of this writ petition directing respondents 18 to 20 to take effective steps to ensure that functioning of the petitioner club is not obstructed in any manner and that no physical obstruction is caused to the members of the club in enjoying any of the facilities provided. The said respondents will also ensure that no obstruction is caused to the office bearers of the club or the workers engaged by them, from entering the premises and doing all works required for day-to- day affairs of the club. However, we make it clear that the above directions will not in any manner prevent the respondents 2 to 17 from conducting peaceful agitations outside the premises of the club, in any manner permissible under law. But we make it clear that the respondents 18 to 20 should ensure that such agitations or shouting of slogans is not in any manner causing obstruction or WPC.No.25444/2011 5 disturbance to the members of the club or for its activities. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk