High Court Kerala High Court

The Pattambi Service … vs V.P.Velayudhan on 20 January, 2011

Kerala High Court
The Pattambi Service … vs V.P.Velayudhan on 20 January, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 1211 of 2011(B)


1. THE PATTAMBI SERVICE CO-OPERATIVE BANK
                      ...  Petitioner

                        Vs



1. V.P.VELAYUDHAN, S/O.MADAMBI,
                       ...       Respondent

2. KAMALAKSHI, W/O.VELAYUDHAN,

3. MADA, S/O.MADAMBI,

4. THE SUPERINTENDENT OF POLICE,

5. THE DEPUTY SUPERINTENDENT OF POLICE,

6. THE STATION HOUSE OFFICER,

                For Petitioner  :SRI.P.C.SASIDHARAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT
The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :20/01/2011

 O R D E R
                            R. BASANT &
                   K. SURENDRA MOHAN, JJ.
             -------------------------------------------------
                 W.P.(C) No. 1211 of 2011-B
             -------------------------------------------------
          Dated this the 20th day of January, 2011

                             JUDGMENT

Basant,J.

The petitioner is a Service Co-operative Bank. The 1st

respondent is a former (dismissed) employee of the said Bank.

Respondents 2 and 3 are the wife and brother respectively of the

said dismissed employee. The petitioner has come to this Court

with this petition for issue of directions under Art.226 of the

Constitution to respondents 4 to 6 to afford police protection to

the petitioner/Bank against illegal, wanton, contumacious and

violent conduct of respondents 1 to 3.

2. According to the petitioner, the 1st respondent was

dismissed as early as in 2006. No industrial dispute has been

raised and there is no proceedings initiated to challenge the

validity of the termination of employment. But after about 4

W.P.(C) No. 1211 of 2011 -: 2 :-

years of such termination, in December, 2010 respondents 1 to 3

are resorting to the objectionable contumacious and violent

conduct of obstructing the customers of the Bank from coming to

the Bank. Respondents 1 to 3 enter the premises unjustifiably.

They block the staircase, thereby virtually interfering with the

ingress and egress to the Bank by the Bank authorities, Bank’s

employees and the Bank’s customers. The short prayer is that

police may be directed to afford protection to the petitioner

against such contumacious and violent conduct on the part of

respondents 1 to 3.

3. Respondents 1 to 3 have been served; but they have not

chosen to enter appearance. The learned Government Pleader,

after taking instructions, submits that in the perception of

respondents 4 to 6 there is no threat posed to the working of the

petitioner establishment by the conduct of respondents 1 to 3.

They are not obstructing the egress and ingress to the Bank.

They are not resorting to any violent conduct. It is true that

they are agitating against the termination of the 1st respondent

and are claiming amounts from the Bank which are allegedly due

to the 1st respondent.

4. The learned counsel for the petitioner/Bank contests the

assertions made by the learned Government Pleader. Ingress

W.P.(C) No. 1211 of 2011 -: 3 :-

and egress to the Bank is substantially interrupted. The Bank is

not permitted to transact business in peace. Respondents 1 to 3

are trespassing into the premises of the Bank. The staircase is

being obstructed. It is, in these circumstances, that directions

under Art.226 of the Constitution are claimed, submits the

learned counsel for the petitioner.

5. We have considered all the relevant inputs.

Undoubtedly, respondent No.1 and his relatives, respondents 2

and 3, have the legal rights in our democracy to raise objections

and to demonstrate against the conduct of the petitioner/Bank

against which they have objection. But respondents 1 to 3 have

got to ensure that their rights to peacefully demonstrate does

not offend the working of the Bank. Respondents 1 to 3 have

not entered appearance. But it appears that there is a dispute

between the petitioner and the police officials as to the manner

in which respondents 1 to 3 are performing the alleged

demonstration. We are satisfied that appropriate directions

deserve to be issued. We do, however, take note of the

submission of the learned Government Pleader, on behalf of

respondents 4 to 6, that if there is any obstruction to the working

of the petitioner/Bank, if there is any trespass into the Bank by

respondents 1 to 3 and if the ingress and egress is blocked by

W.P.(C) No. 1211 of 2011 -: 4 :-

the presence of respondents 1 to 3 on the staircase, necessary

action shall be taken to abate such action.

6. We accept that submission of the learned Government

Pleader. We accordingly allow this writ petition in part to the

above extent.

Sd/-

R. BASANT
(Judge)

Sd/-

K. SURENDRA MOHAN
(Judge)

Nan/

//true copy//

P.S. to Judge