IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 WP(C).No. 15964 of 2011(U) ---------------------------------------- PETITIONER(S): ------------------------ RAMABHADRAN.K., AGED 61, C.K.KUNMJU PILLAI ASAN, 14 PALM GREEN VILLAS, VYTTILA, KOCHI-682 019. BY ADV. SRI.JOLLY JOHN RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESETNED BY SECRETARY TO HOME DEPARTMENT, SECRETARIT, TRIVANDRUM - 01. 2. CIRCLE INSPECTOR OF POLICE,CHANGANASSERY - 04. 3. SUB INSPECTOR OF POLICE,CHINGAVANAM, KOTTAYAM - 689 121. 4. TECIL WORKERS UNION (CITU) CHINGAVANAM, KOTTAYAM - 689 121,REPRESENTED BY ITS JOINT SECRETARY, MR.RARICHAN. 5. TECIL WORKERS UNION (AITUC) CHINGAVANAM, KOTTAYAM - 689 121, REPRESENTED BY ITS JOINT SECRETARY, MR.BABU. 6. TECIL EMPLOYEES UNION (INTUC), CHINGAVANAM, KOTTAYAM - 689 121, REPRESENTED BY ITS JOINT SECRETARY, MR.JAMES. R1 TO R3 BY GOVERNMENT PLEADER SMT. C.M. CHARISMA R4 & R5 BY ADV. SRI.SAIBY JOSE KIDANGOOR R6 BY ADVS.SRI.V.G.ARUN, SRI.T.R.HARIKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.15964/2011 U APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE AUTHORIZATION LETTER DTD. 18/02/2011 ISSUED BY THE CMD OF THE COMPANY TO THE PETITIONER. P2: COPY OF THE NOTICE DTD. 06/06/2011 ISSUED BY THE LABOUR COMMISSIONER TO THE PARTIES INCLUDING THE PETITIONER TO ATTEND THE CONCILIATION MEETING OF THE DISPUTES RELATED TO TECIL CHINGAVANAM. P3: THE JUDGMENT BY THIS HON'BLE COURT IN WP(C) 9430/2010 DTD. 1/04/2011. P4: COPY OF THE COMMUNICATION ISSUED BY THE ADDITIONAL LABOUR COMMISSIONER (IR) DTD. 20/06/2011. P5: COPY OF THE MINUTES OF CONCILIATION MEETING AND DRAFT AGREEMENT DTD. 24/06/2011 ENTERED INTO BETWEEN TECIL MANAGEMENT AND RESPONDENT UNIONS. P6: COPY OF THE MINUTES OF CONCILIATION MEETING AND DRAFT AGREEMENT DTD. 24/06/2011 ENTERED INTO BETWEEN PETITIONER AND RESPONDENT UNIONS. RESPONDENT'S EXHIBITS: R6(A): COPY OF THE ORDER OF ATTACHMENT DTD. 18/12/2008. R6()B):COPY OF THE ORDER NO.G.O.(MS) NO.302/2009/RD DTD. 30/07/2009. R6(C): COPY OF THE REPRESENTATION DTD. 20/12/2010. /TRUE COPY/ P.S.TO JUDGE Kss R. BASANT & K. SURENDRA MOHAN, JJ. ........................................... W.P.(C).NO.15964 OF 2011 ............................................. Dated this the 1st day of July, 2011. JUDGMENT Basant, J: The petitioner has come to this Court seeking issue of directions under Article 226 of the Constitution to respondents 2 and 3 to afford police protection to the petitioner against illegal obstructions that are raised by respondents 4 to 6. 2. All parties have appeared before us. We are informed that the dispute between the parties have been settled harmoniously in conciliation proceedings before the Labour Commissioner, Trivandrum. As per the conciliation settlements - Exts.P5 and P6, amounts are to be paid on or before 15.8.2011. No dispute now survives. 3. However, the learned counsel for the petitioner submits that the petitioner may be permitted to enter the premises on the undertaking that no article shall be removed from the premises before the payment is made as stipulated under the conciliation settlement. The learned W.P.(C).NO.15964 OF 2011 : 2 : counsel for respondents 4 to 6 accepts this arrangement. 4. This petition is accordingly allowed. Respondents 2 and 3 are directed to afford protection to the petitioner to enter the premises and inspect the machinery. We do however, make it clear that the order of protection hereby granted will not enable the petitioner to remove any articles from the premises prior to payment of the amounts due under Exts.P5 and P6 - conciliation settlements already entered. 5. Handover copy. Sd/= R. BASANT, JUDGE. Sd/= K. SURENDRA MOHAN, JUDGE. /true copy/ P.S. to Judge cl