IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 8451 of 2007(F)
1. PONMUDI RUBBERS LIMITED,
... Petitioner
Vs
1. THE THIRUVANANTHAPURAM DISTRICT CRUMB
... Respondent
2. THE THIRUVANANTHAPURAM DISTRICT CRUMB
3. THE THIRUVANANTHAPURAM DISTRICT CRUMB
4. THE COMMISSIONER OF POLICE,
5. THE CIRCLE INSPECTOR OF POLICE,
6. THE CIRCLE INSPECTOR OF POLICE,
For Petitioner :SRI.P.RAMAKRISHNAN
For Respondent :SRI.THOMAS ABRAHAM
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :16/08/2007
O R D E R
K. BALAKRISHNAN NAIR & HARUN-UL-RASHID, JJ.
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W.P.(C) No.8451 of 2007
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Dated, this the 16th day of August, 2007
JUDGMENT
Balakrishnan Nair, J.
The petitioner is a company. It was running a crumb rubber factory.
Owing to financial difficulties it is not functioning now. The petitioner proposes to
close it down permanently. Some of the workmen have already accepted
voluntary retirement benefits and left the unit. The others are trying to destroy
the property of the factory under the guise of agitations. Therefore, this writ
petition was filed seeking the following reliefs:
a) Issue a writ of mandamus or other appropriate writ or order
directing respondents 4 to 6 to provide adequate and effective
protection to the property of the company, viz. the factory at
Meenmutty, Palode and Head Office at Door No.TC 44/2490
Thycaud, Thiruvananthapuram as well as to the management,
staff from any untoward act or interference on the part of
respondents 1 to 3, their supporters and sympathizers, and
b) such other writ, order or direction as are deemed just and
proper on the facts and circumstances of the case.
2. The party respondents submitted that they were only peacefully
assembling and registering their protest against the closure of the unit. They
would not cause any obstruction or destroy any property. On the strength of the
interim order passed by this court, the workmen have been removed from the
gate of the factory and they are prevented from holding demonstrations. It is also
submitted that there is a scheme for reviving the unit at the instance of the
Government.
WPC No.8451/2007 Page numbers
3. The learned Government Pleader upon instructions submitted that
there was no untoward incident reported and no occasion arose for registering
any case against the workmen or others.
4. The problem of closure of the unit has to be negotiated and settled by
the parties concerned before other forums. The police has no role in it. But, if
there is any breach of peace, the police shall interfere and maintain law and
order. But this direction shall not be taken as a direction against the workmen. In
other words, the peaceful demonstration or other sathyagrahas or meetings held
by the workmen shall not be interfered with by the police.
The writ petition is disposed of as above.
K. BALAKRISHNAN NAIR
JUDGE
HARUN-UL-RASHID,
JUDGE.
mt/