IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 3673 of 2011(H)
1. O/E/N INDIA LIMITED,
... Petitioner
2. SRI.CHERIAN VARGHESE,
Vs
1. STATE OF KERALA,
... Respondent
2. THE SUPERINTENDENT OF POLICE,
3. THE DEPUTY SUPERINTENDENT OF POLICE,
4. THE CIRCLE INSPECTOR OF POLICE,
5. THE SUB INSPECTOR OF POLICE,
6. THE ASSISTANT COMMISSIONER OF POLICE,
For Petitioner :SRI.E.K.NANDAKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
The Hon'ble MR. Justice P.S.GOPINATHAN
Dated :08/02/2011
O R D E R
THOTTATHIL B. RADHAKRISHNAN & P.S.GOPINATHAN, JJ.
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W.P.(C).No.3673 OF 2011
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Dated this the 8th day of February, 2011
J U D G M E N T
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Thottathil B. Radhakrishnan, J.
Service complete. A counter affidavit is stated to have
been placed on record.
2. We have heard the learned counsel for the
petitioners and the learned counsel appearing for the Trade
Unions as also the learned Government Pleader.
3. As of now, it is beyond dispute that there are certain
contentious labour issues between the parties. That has
necessarily to settle down through appropriate mechanism for
redressal of grievances. The disputes, if any, pending for
conciliation, negotiation or adjudication as dispute will have to
be necessarily carried on. However, in the interregnum, having
regard to the nature of the activities of the petitioners, it is
necessary that they are provided adequate police protection to
W.P.(C) No.3673/2011 2
ensure ingress and egress of all necessary vehicles, men and
material for the proper carrying out of the affairs of the
petitioners. The Trade Unions appear to be apprehensive about
the engagement of the apprentices and people who are not
otherwise on the regular rolls of the petitioners. We clarify that
we do not express anything on the merits of these aspects and
under the guise of this judgment no apprentice would be
confirmed or any other person permitted to work on permanent
basis. All these will be subject to settlement between the
parties. We also record that there is a training institute inside
the premises of the factory of the petitioners. The work in that
unit will also be permitted to be carried on smoothly.
Respondent Nos.2 to 8 will ensure that there is no obstruction
whatsoever for the petitioners to carry out any of the aforesaid.
We further direct that respondent No.12 will take immediate
steps to have a negotiated settlement or to proceed otherwise as
regards the labour disputes administration.
4. We clarify that this judgment will not stand in the way
of the Trade Unions having peaceful agitation without in any
W.P.(C) No.3673/2011 3
manner hindering the work of the establishment.
Writ Petition ordered accordingly.
(THOTTATHIL B. RADHAKRISHNAN, JUDGE)
(P.S.GOPINATHAN, JUDGE)
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