IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 28809 of 2010(A)
1. M/S.BRMSCO GARMENTS PVT. LTD.,HAVING ITS
... Petitioner
2. ADMINISTRATIVE DIRECTOR,
3. SHRI.JOHNEY VARGHESE,
4. MR.K.ALEXANDER, AGED 29 YEARS,
5. MR.BABU GEORGEM, AGED 41 YEARS,
Vs
1. TEH SUB INSPECTOR OF POLICE,
... Respondent
2. THE CIRCLE INSPECTOR OF POLICE,
3. THE DY. SUPERINTENDENT OF POLICE,
4. THE SUPERINTENDENT OF POLICE,
5. SURESH KR, KAKLANATTIL HOUSE,
6. ANISH PP, S/O.SHRI.PG PRABHAKARAN,
7. RAJU IYPE,
8. KRISHNADAS R.C., S/O.SHRI.T.K.SARADAMANI
9. SANTOSH TK, S/O.SHRI.KRISHNAN,
10. BIJU KM, S/O.SHRI.MANOHARAN,
For Petitioner :SRI.ANIL D. NAIR
For Respondent :SRI.ASOK M.CHERIAN
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
The Hon'ble MR. Justice P.BHAVADASAN
Dated :28/09/2010
O R D E R
THOTTATHIL B.RADHAKRISHNAN &
P. BHAVADASAN, JJ.
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W.P(C).No.28809 OF 2010
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Dated this the 28th day of September, 2010
JUDGMENT
Thottathil B.Radhakrishnan, J.
The first petitioner has a garments industry. Petitioners 2
to 5 are officers of that establishment. It appears that the
petitioners have certain disputes with respondents 5 to 8 who
are also employees of the first petitioner. They allege that
respondents 5 to 10 are unlawfully obstructing the activities of
the petitioners. They have made certain complaints to the police
authorities. The private respondents appear and have placed a
counter affidavit producing the notice issued by the District
Labour Officer convening a conference. Obviously, it is within
the province of the DLO to find out ways and means of an
amicable settlement or to generate appropriate conciliatory or
other means which could ultimately even lead to adjudicatory
measures in terms of the provisions of the Industrial Disputes
Act or otherwise. However, the law and order has to be
WPC.28809/10
2
appropriately preserved. The rights of the petitioners to carry
out their activities in accordance with law has to be preserved.
However, under the guise of affording protection to such
activity, the police are not to interfere with the peaceful
agitations and other related activities which the employees are
entitled to carry on in accordance with law, maintaining
appropriate distance and discipline even in the matter of
agitations.
For the aforesaid reasons, it is directed that the law and
order situation as also peace and public tranquility will be
appropriately maintained by the police ensuring appropriate
protection to the life and property of the petitioners as also
ingress and egress of the establishment etc. so that the business
activities of the petitioners is in no manner impaired. The police
would also not interfere with any peaceful activities by way of
agitations etc. by the private respondents. The petitioners and
the private respondents will endeavour to have the matter
WPC.28809/10
3
resolved at the earliest appropriately. The writ petition is
ordered accordingly.
Sd/-
THOTTATHIL B.RADHAKRISHNAN,
Judge.
Sd/-
P.BHAVADASAN,
Judge.
kkb.28/09.