IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 WP(C).No. 32103 of 2011(K) -------------------------- PETITIONER(S): --------------- GUJARAT CO-OPERATIVE MILK MARKETING FEDERATION LIMITED, REPRESENTED BY ITS DEPOT IN CHARGE, MR. DIVIN DAVIS THARAKAN, DEPOT IN CHARGE, CEARS TOWERS, ALAPPAT CROSS ROAD, COCHIN - 682 015. BY ADV. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENT(S): --------------- 1. THE COMMISSIONER OF POLICE, OFFICE OF THE COMMISSIONER OF POLICE, REVENUE TOWERS, 11TH FLOOR, PARK AVENUE ROAD, OPPOSITE BOAT JETTY, COCHIN - 682 011. 2. THE SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, THEVARA, COCHIN - 682 015. 3. M/S. CEARS ENGINEERS PRIVATE LIMITED, CEARS TOWERS, ALAPPAT CROSS ROAD, COCHIN-682015, REPRESENTED BY ITS MANAGING DIRECTOR. 4. MR. REJIN, CEARS TOWERS, ALAPPAT CROSS ROAD, COCHIN - 682 015. 5. BENNY, WORKER, M/S. CEARS ENGINEERS PRIVATE LIMITED, CEARS TOWERS, ALAPPAT CROSS ROAD, COCHIN - 682 015 6. SULAIMAN, WORKER, M/S. CEARS ENGINEERS PRIVATE LIMITED, CEARS TOWERS, ALAPPAT CROSS ROAD, COCHIN - 682 015 7. JOSE, WORKER, M/S. CEARS ENGINEERS PRIVATE LIMITED, CEARS TOWERS, ALAPPAT CROSS ROAD, COCHIN - 682 015 8. BAIJU, WORKER, M/S. CEARS ENGINEERS PRIVATE LIMITED, CEARS TOWERS, ALAPPAT CROSS ROAD, COCHIN - 682 015 9. GIRISH, WORKER, M/S. CEARS ENGINEERS PRIVATE LIMITED, CEARS TOWERS, ALAPPAT CROSS ROAD, COCHIN - 682 015 10. BABU, WORKER, M/S. CEARS ENGINEERS PRIVATE LIMITED, CEARS TOWERS, ALAPPAT CROSS ROAD, COCHIN - 682 015 ADDL. RESPONDENT NO.11 THE DISTRICT LABOUR OFFICER, ERNAKULAM. ADDL. 11TH RESPONDENT IS IMPLEADED SUO MOTU AS PER ORDER DATED 6-12- 2011 IN THE WP(C). ADV. SRI.M.M.MONAYE FOR R3&4 SRI.S.RAMESH BABU SRI.P.RAVINDRA NATH FOR R5TO10 SRI.M.PAUL VARGHESE FOR R3&4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 6-12-2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX; PETITIONER'S EXHIBITS: EXT.P1 PHOTOCOPY OF THE AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND THE 3RD RESPONDENT DATED 20TH MARCH, 2006 EXT.P2 PHOTOCOPY OF THE LETTER OF ACCEPTANCE ISSUED BY THE PETITIONER TO THE 4TH RESPONDENT DT. 2ND MARCH, 2010 EXT.P3 LIST SHOWING THE WET AND DRY STOCK IN POSITION, AS ON OCTOBER, 2011 EXT.P4 PHOTOSTAT COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DT. 24TH NOVEMBER 2011. RESPONDENTS' EXHIBITS NIL (TRUE COPY) PS TO JUDGE PIUS C. KURIAKOSE & K. HARILAL, JJ. ----------------------------------------------- WP(C). No. 32103 of 2011 ----------------------------------------------- Dated this the 6th day of December, 2011 J U D G M E N T Pius C.Kuriakose, J. The District Labour Officer, Ernakulam is impleaded suo motu as Addl. 11th respondent in this writ petition. The registry will carry out corrections in the cause title. Government Pleader takes notice on behalf of Addl. 11th Respondent. 2. The petitioner in this writ petition under Article 226 is M/s. Gujarat Co-operative Milk Marketing Federation Limited, an Apex Co-operative Organization engaged in the business of marketing of milk and milk products under the brand name Amul, Sagar etc. They seek police protection for the purpose of removing the goods and other materials from their godown at Cears Towers owned by the 4th respondent to the new godown taken by them on lease at Aluva - Perumbavoor Road, within the limits of Aluva WP(C). 32103/11 -2- Municipality. The 4th respondent is Managing Director of the 3rd respondent company and it is the 4th respondent who owns the godown in which the goods of the petitioner are presently kept. According to the petitioner, respondent Nos. 5 to 10 - the workers who were being engaged by the petitioner in their present godown belonging to the 4th respondent are raising unnecessary obstructions. The petitioner wants to vacate the 4th respondent's godown and to occupy their newly taken godown at Aluva. This is obstructed and these obstructions are without any justifiable reasons. 3. Respondent Nos. 5 to 10 have filed a detailed counter affidavit. This counter affidavit will show that they are having a grievance that the amounts lawfully due to them for the services so far rendered by them in terms of clause 7.1 of Ext.P1 have not been paid to them. They have also stated in the counter affidavit that they are not WP(C). 32103/11 -3- resorting to any unlawful action. They are only protesting in a peaceful manner. 4. Sri. M.M. Monaye appearing on behalf of respondent Nos. 3 and 4 submitted that those respondents have no objection in the petitioner vacating the present godown at Alappat Cross Road and occupying the godown at Aluva which they have taken on lease. But according to Mr. Monaye, there is a labour dispute between the petitioner and respondents 5 to 10 which is being conciliated by the District Labour Officer, Ernakulam. The above dispute will have to be settled by the DLO and the petitioner is to be directed to participate in the conciliation proceedings initiated by the DLO and subject to the decision which may be taken by the DLO in the above proceedings the petitioner can be permitted to remove his things from out of the godown at Alappat Cross Road. Mr. Monaye further submitted that in view of the petitioners vacating the WP(C). 32103/11 -4- godown at Alappat Cross Road the 4th respondent has agreed to let out the godown to a new tenant, and therefore it is necessary that the petitioner vacates the present godown early. 5. We have heard the submissions of Sri. P.B.Sahasranaman, learned counsel for the petitioner and the submissions addressed on behalf of Sri. S.Ramesh Babu on behalf of respondents 5 to 10 and also Sri. M.M. Monaye. We have also heard the learned Senior Government Pleader Sri. M.K. Aboobacker. Having considered the submissions as well as the rival pleadings raised by the parties we are of the view that respondents 5 to 10 are not justified in obstructing the transportation of the goods presently kept by the petitioner in the godown of the 4th respondent. The grievances which respondents 5 to 10 are having against the petitioner may be genuine. But those grievances will have to be got redressed in the WP(C). 32103/11 -5- conciliation proceedings which have been initiated by the DLO, Addl. 11th Respondent on the basis of the complaint submitted by respondents 5 to 10 on 26-11-2011. 6. We dispose of this writ petition issuing the following directions: The Addl. 11th respondent is directed to expedite the conciliation proceedings initiated by him on the basis of the complaint submitted by respondents 5 to 10. The petitioner and the 4th respondent are directed to participate in the above conciliation proceedings initiated by the Addl. 11th respondent. The petitioner and the 4th respondent are informed that they will be bound to abide by any decision which may be taken by the Addl. 11th respondent in such conciliation proceedings. Subject to the above, we direct the 2nd respondent Sub Inspector of Police to render necessary protection to the petitioner for removal of their goods from the godown belonging to the 4th respondent for transporting WP(C). 32103/11 -6- such goods to the godown recently taken on lease by the petitioner at Aluva. In order that these directions being implemented effectively the petitioner is directed to inform the 2nd respondent as to when exactly they will start removing the goods from the godown of the 4th respondent. Protection as directed above shall be granted till all the goods from the godown of the 4th respondent are completely shifted. (PIUS C.KURIAKOSE, JUDGE) (K. HARILAL, JUDGE) ksv/-