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2022 Supreme(Online)(KER) 33692
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN THURSDAY, THE 10TH DAY OF MARCH 2022 / 19TH PHALGUNA, 1943 WP(C) NO.7378 OF 2022 PETITIONER :-
MS. DEEPTHI.P, PROPRIETRIX, SREE GAS AGENCY, VATAYAM P.O., KAKKATTI, KOZHIKODE DISTRICT, PIN-673 507, KERALA.
BY ADVS.
E.K.NANDAKUMAR (SR.)
K.JOHN MATHAI JOSON MANAVALAN KURYAN THOMAS PAULOSE C. ABRAHAM RAJA KANNAN JAI MOHAN M.GOPIKRISHNAN NAMBIAR RESPONDENTS :-
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNEMNT OF KERALA, LABOUR AND REHABILITATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 THE DISTRICT COLLECTOR KOZHIKODE COLLECTORATE, CIVIL STATION P.O., KOZHIKODE DISTRICT, PIN-673 030, KERALA.
3 STATION HOUSE OFFICER THOTTILPALAM POLICE STATION, THOTTILPALAM ROAD, KOZHIKODE DISTRICT, PIN-673 513, KERALA.
4 STATION HOUSE OFFICER KUTTIADI POLICE STATION, URATH, KUTTIADY, KOZHIKODE DISTRICT, PIN-673 508, KERALA, 5 KOZHIKODE JILLA GOOD TRANSPORT WORKER'S UNION (CITU), KUNNUMMAL AREA COMMITTEE, REPRESENTED BY ITS SECRETARY, 17/269-A2, SK TEMPLE ROAD, NEAR EMS STADIUM, KOZHIKODE DISTRICT, PIN-673 001, KERALA.
6 ASSISTANT LABOUR OFFICER BADAGARA, VATAKARA, KOZHIKODE DISTRICT PIN-673 104, KERALA.
BY SRI.T.K.SHAJAHAN, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
['E K NANDAKUMAR SR', '', 'K JOHN MATHAI', 'JOSON MANAVALAN', 'KURYAN THOMAS', 'PAULOSE C ABRAHAM', 'RAJA KANNAN', 'JAI MOHAN', 'M GOPIKRISHNAN NAMBIAR']
JUDGMENT
Dated this the 10 th day of March, 2022 This writ petition is filed seeking the following reliefs :- “i) Issue a writ of mandamus or other appropriate writ, order or direction, directing Respondents 2 to 4 to afford adequate and effective protection to the petitioner to carry on the work of delivery of LPG cylinders to its consumers by engaging persons of his own choice, without any obstruction on the part of the 5th respondent union and its members, agents, supporters.
ii) to issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 2 to 4 to ensure that the 5th respondent union or any persons acting through them or at their behest do not cause any obstruction to the smooth functioning of the petitioner or cause any obstruction to the free ingress and egress of the staff, employees, workers, employees of the contractors engaged by the petitioner, customers, other associates and vehicles of the petitioner to and from the petitioner's godown and premises.
iii) Issue a writ of mandamus or other appropriate writ, order or direction, directing respondents 2 to 4 to ensure that the 5th respondent union and its members, agents, supporters, do not resort to any sort of strike, agitation, dharna or slogan shouting within a radius of 500 metres of the godown and premises of the petitioner, and also to ensure the free movement of LPG cylinders to and from the petitioner's godown without any obstruction on the part of the 5th respondent union and its members, agents, supporters.”
2. Heard the learned counsel for the petitioner and the learned Government Pleader. Though notice was taken to the
5th respondent, there is no appearance for the said respondent.
3. While admitting the writ petition, this Court had directed that respondents 3 and 4 shall take appropriate steps to see that law and order is maintained and that obstruction for carrying out the essential services is not created by the 5th respondent.
4. The learned Government Pleader submits, on instructions, that conciliation proceedings are going on between the petitioner and the 5th respondent.
In the above view of the matter, I am of the opinion that the interim order passed by this Court on 7.3.2022 is liable to be made absolute. The interim order is made absolute. The writ petition is, accordingly, closed.
Sd/-
ANU SIVARAMAN JUDGE
APPENDIX OF WP(C) 7378/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTIFICATION DATED 13.09.2013 ISSUED BY THE GOVT. OF KERALA.
Exhibit P2 TRUE COPY OF THE NOTICE DATED 03.02.2022 ISSUED BY THE 5TH RESPONDENT UNION TO THE PETITIONER.
Exhibit P3 TRUE COPY OF COMMUNICATION SENT BY THE PETITIONER TO THE 5TH RESPONDENT UNION DATED
08.02.2022.
Exhibit P4 TRUE COPY OF THE LETTER DATED 23.02.202 SENT BY THE PETITIONER TO THE 3RD RESPONDENT.
Exhibit P5 TRUE COPY OF THE LETTER DATED 23.02.2022 SENT BY THE PETITIONER TO THE 2ND RESPONDENT DISTRICT COLLECTOR (WITHOUT ENCLOSURES)
Exhibit P6 TRUE COPY OF THE LETTER DATED 24.02.2022 ISSUED BY THE 2ND RESPONDENT DISTRICT COLLECTOR TO THE PETITIONER.
Exhibit P7 TRUE COPY OF THE LETTER DATED 01.03.2022 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT (WITHOUT ENCLOSURES)
