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 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 WP(C).No. 31401 of 2010(A) ------------------------------- PETITIONER(S): ------------------ LISIE HOSPITAL,LISIE HOSPITAL ROAD, COCHIN 682 018,REP.BY ITS DIRECTOR FR.PAUL MOONJELY,R/AT PRIEST'S QUARTERS, LISIE HOSPITAL, COCHIN-682 018. BY ADV. SMT.K.T.LILLY @ LILLY JAMES SMT.P.F.ROSY RESPONDENT(S): ------------------- 1. THE CIRCLE-INSPECTOR OF POLICE,ERNAKULAM TOWN NORTH POLICE STATION,ERNAKULAM, COCHIN-18. 2. THE SUB-INSPECTOR OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION, COCHIN-18. 3. BENNY M.K, ELECTRICIAN, LISIE HOSPITAL, COCHIN-18, RESIDING AT MOONJELI HOUSE,THURAVOOR PO, ANGAMALY, PIN 683 586. 4. MICHAEL.C.C, ELECTRICIALN, LISIE HOSPITAL, COCHIN-18,RESIDING AT CHAKKALAKKAL HOUSE,CHEMBUMUKKU, KAKKANAD , PIN 682 030. 5. JIBIN PETER, GENERAL WORKER, LISIE HOSPITAL,COCHIN-18,RESIDING AT KARUVELITHUNDIYIL HOUSE, AMBEDKAR COLONY, COCHIN-17. WP(C).No. 31401 of 2010(A) -2- 6. RAJESH.R, GENERAL WORKER, LISIE HOSPITAL,COCHIN-18, RESIDING AT MARANKOLLY HOUSE,CHIRACKARA PO, THALAPPUZHA, MANANTHAVADY.-670645 ADV. SRI.P.RAMAKRISHNAN FOR R3 TO R6 SRI.T.C.KRISHNA FOR R3 TO R6 GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31401 of 2010(A) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE PHOTOCOPY OF STANDARD SERVICE CONDITIONS OF HOSPITAL. EXT.P2:- TRUE PHOTOCOPY OF COMPLAINT GIVEN TO 1ST RESPONDENT ON 06/10/10. EXT.P3:- TRUE PHOTOCOPY OF COMPLAINT GIVEN TO 1ST RESPONDENT ON 07/10/10. EXT.P4:- TRUE COPY OF THE SHO CAUSE NOTICE DT. 08/10/10 ISSUED TO STRIKING EMPLOYEES //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.31401 of 2010 ------------------------------------------------ Dated this the 23rd day of September, 2011 JUDGMENT Pius C. Kuriakose, J This Writ Petition filed by Lisie Hospital which is undoubtedly one of the best hospitals in the city, seek police protection for its inpatients, outpatients, Doctors, Nurse workers and office bearers so as to enable them to conduct the smooth functioning of the hospital activities against the illegal acts and obstruction caused by respondents 3 to 6 and their men. On considering this Writ Petition for admission, this Court on 14/10/10 passed the following interim order. “There will be an interim order directing respondents 1 and 2 to provide adequate police protection to the petitioner institution, its doctors, nurses, workers, office bearers as also in-patients, out-patients and people who come to the hospital to support the patients so as to enable the smooth conduct and functioning of the activities of the petitioner hospital. The pendency of the writ petition and this interim order will not stand in the W. P. C. No.31401 of 2010 -2- way of respondents 3 to 6 or any other person on their behalf taking up any labour dispute before the competent authority in terms of the provisions of the Industrial Disputes Act or other relevant Acts or Rules that may apply, however that, there will be no demonstration in front of the hospital, the institution being one where people come for medical aid and any sort of disturbance to the environment of a hospital would not be conducive for those who seek aid from that hospital.” 2. Even though the party respondents were served with notice, they have not chosen to file any counter affidavit. The averments in the Writ Petition stand established by non- traverse. We are of the view that the interim order issued by this Court on 14/10/10 grants to the petitioner all reliefs which could be legitimately aspired for by the petitioner. We confirm the interim order and dispose of the Writ Petition accordingly. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- W. P. C. No.31401 of 2010 -3-