IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 WP(C).No. 30708 of 2008(E) -------------------------- PETITIONER(S): --------------- M/S.JYOTI STRUCTURES LTD., HAVING ITS REGISTERED AND CORPORATE OFFICE AT VALECHA CHAMBERS, 5TH/6TH FLOOR, NEW LINK ROAD, OSHIWARA,ANDHERI (WEST), MUMBAI-400 053, REP. BY ITS SENIOR MANAGER PROJECTS V/18B NEAR ST.GEORGE JACOBITE CHURCH ERUMELIKARA KUMARAPURAM PO., VIA. ALUVA, ERNAKULAM DISTRICT – 683 565. BY ADV. SRI.S.EASWARAN SRI.P.MURALEEDHARAN (IRIMPANAM) RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, KUNNATHUNAD POLICE STATION PO.KUNNATHUNAD. 2. THE GENERAL WORKERS' UNION (INTUC), PALLIKKARA REP. BY ITS SECRETARY SHRI.C.A.MANOJ. 3. THE KUNNATHUNAD MEKHALA WORKERS' UNION (CITU), PALLIKKARA, REPRESENTED BY ITS SECRETARY SRI.V.A.MOHANAN. ADV. SRI.C.S.AJITH PRAKASH FOR R2&3 SRI.T.D.SALIM FOR R2 & 3 SRI.C.S.YESUDAS FOR R2 & 3 SRI.PAUL C THOMAS FOR R2 & 3 SR.GOVT. PLEADER SRI.BENJAMIN PAUL – R1. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 30708/2008 APPENDIX PETITIONER'S EXTS. EXT.P1 - COPY OF LETTER OF AWARD DATED 4.8.2006 ISSUED TO THE PETITIONER BY M/S.POWER GRID CORPORATION OF INDIA LIMITED. EXT.P2 - COPY OF PETITION DATED 12.10.2008 SUBMITTED ON BEHALF OF THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P3 - COPY OF LICENCE NO.ISMW/L-04/08 DATED 15.5.2008 ISSUED BY THE LICENSING OFFICER AND ASSITANT LABOUR COMMISSIONER (CENTRAL), TRIVANDRUM TO THE PETITIONER. EXT.P4 - COPY OF APPLICATION FOR LICENCE FOR EMPLOYMENT SUBMITTED IN FORM V BY THE PETITIONER. EXT.P5 - COPY OF LICENCE DATED 2.12.2008 ISSUED TO THE PETITIONER BY THE LICENSING OFFICER AND ASSISTANT LABOUR COMMISSIONER (CENTRAL), ERNAKULAM. /TRUE COPY/ K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO. 30708 OF 2008-E ----------------------------------------- Dated 18th December, 2008. JUDGMENT Balakrishnan Nair, J. When the writ petition was moved, the petitioner was not having the licence issued by the Ministry of Labour and Employment under the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979. Therefore, it could not have brought skilled workmen from outside the State to work for it. The petitioner submits, now, it has obtained the necessary licence, as evident from Ext.P5 produced along with I.A.No.16084/2008. If, with the necessary licences and clearances, the petitioner starts work and then somebody obstructs and the police do not assist it, even after being alerted about the obstruction, then only it can be said that the petitioner is having a WPC 30708/08 2 cause of action to approach this Court, seeking a mandamus against the police. At this stage, the prayer for mandamus is premature. Accordingly, the writ petition is closed without prejudice to the contentions of both sides. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/