Lecole Chempaka Society For ... vs Station House Officer
2021 Latest Caselaw 1941 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

          THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

  TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942

                  W.P.(C) No.20232 OF 2020(D)


PETITIONER/S:

             LECOLE CHEMPAKA SOCIETY FOR EDUCARE,
             SHRUTHI, DIVISION OFFICE ROAD,
             PMG JUNCTION, THIRUVANANTHAPURAM - 695033,
             REPRESENTED BY ITS TREASURER SHEEJA N.

             BY ADVS.
             SRI.P.RAMAKRISHNAN
             SMT.PREETHI RAMAKRISHNAN (P-212)
             SRI.T.C.KRISHNA
             SRI.C.ANIL KUMAR
             SMT.ASHA K.SHENOY
             SRI.PRATAP ABRAHAM VARGHESE

RESPONDENT/S:

      1      STATION HOUSE OFFICER
             SREEKARIYAM POLICE STATION,
             THIRUVANANTHAPURAM - 695 017.

      2      KERALA PRIVATE CO-OPERATIVE COLLEGE AND
             SCHOOL STAFF ASSOCIATION (INTUC),
             REG.NO.TU 18986,
             TC 43/1027(7),
             MUTTATHARA,
             PARUTHIKUZHI,
             MANACAUD P.O.,
             THIRUVANANTHAPURAM - 695 009,
             REPRESENTED BY ITS PRESIDENT SRI.V.R.PRATHAPAN.

      3      SHALOME J.,
             C 11/376, CIYON,
             KUZHIVILAKATHU VEEDU,
             KESAVADASAPURAM, PATTOM P.O.,
             THIRUVANANTHAPURAM - 695 004.

      4      ADDL.R4. THE DISTRICT LABOUR OFFICER,
             THIRUVANANTHAPURAM

             ADDL.RESPONDENT 4 IS SUO MOTU IMPLEADED AS PER
             ORDER DATED 07.12.2020 IN WP(C) 20232/2020.
 W.P.(C) No.20232 OF 2020(D)

                                2

               R2-3 BY ADV. SRI.K.SASIKUMAR
               R2-3 BY ADV. SRI.S.ARAVIND

OTHER PRESENT:

               SMT A.C.VIDHYA- GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.20232 OF 2020(D)

                                      3

                               JUDGMENT

The petitioner, a society running educational institution at

Edavacode in Sreekariyam, which is affiliated to the Council for

Indian Secondary Certificate Examination (ICSE) with affiliation

No.KE 100, has filed this writ petition under Article 226 of the

Constitution of India, seeking a writ of mandamus commanding

the 1st respondent to provide adequate and effective protection for

the smooth running of the petitioner's school at Edavacode,

Kariyavattom, without any obstruction or interference from

respondents 2 and 3, their supporters and sympathizers. The

petitioner has also sought for a declaration that the obstruction

caused to the functioning of the petitioner's school by respondents

2 and 3 is illegal and unconstitutional; and that, the 1 st respondent

has failed in his statutory duties on account of his failure to

provide effective police protection for the functioning of the

School.

2. On 29.09.2020, when this writ petition came up for

admission, notice before admission was ordered to the

respondents. The learned Government Pleader took notice for the

1st respondent. Urgent notice by speed post was ordered to

respondents 2 and 3. This Court granted an interim order directing

the 1st respondent to maintain law and order and also to ensure W.P.(C) No.20232 OF 2020(D)

that no threat or obstruction is caused by the 2 nd respondent or

their members to the teachers, staff, students, parents, etc., from

having free ingress and egress to the school run by the petitioner

at Sreekariyam

3. On 07.12.2020, when this writ petition came up for

consideration, this Court passed the following order:

"I have heard Sri.P.Ramakrishnan, the learned counsel appearing for the petitioner and Sri.K.Sasikumar, the learned counsel who entered appearance for respondent Nos.2 and 3.

2. Sri.K.Sasikumar, the learned counsel, submits that based on a petition submitted by the 2nd respondent before the District Labour Officer, Thiruvananthapuram, a conciliation meeting was convened. However, in view of the interim order passed by this Court, the District Labour Officer, Thiruvananthapuram, has refused to take forward the conciliation proceedings.

3. In view of the said submission, the District Labour Officer, Thiruvananthapuram is suo moto impleaded as additional 4th respondent. The learned Government Pleader shall take notice.

I direct the 4th respondent to effectively conciliate the labour disputes between the petitioner as well as the respondents 2 and 3 and see if settlement can be arrived at. Both sides shall cooperate.

The interim order shall continue for a period of three weeks."

4. A counter affidavit has been filed by respondents 2 and W.P.(C) No.20232 OF 2020(D)

3, opposing the reliefs sought for in this writ petition.

5. On 14.01.2021, when this writ petition came up for

consideration, it was submitted by the learned counsel for the

petitioner and also the learned counsel for the respondents 2 and

3 that labour dispute has already been settled and a settlement

agreement has also been drawn. The learned counsel for the

petitioner sought time to place on record a copy of that settlement

agreement, along with an application to accept additional

document. The interim order granted on 29.09.2020 was

extended till this date.

6. Today, when the matter is taken up for consideration, it

is submitted by the learned counsel for the petitioner that a copy

of the settlement agreement is being placed on record today, as

'benchmark'.

7. The learned counsel for the petitioner and also the

learned counsel for respondents 2 and 3 would submit that the

dispute has already been amicably settled between the

management and the workman and as such, this writ petition can

be closed recording the said fact.

In such circumstance, this writ petition is closed recording

the fact that the dispute between the petitioner and the workman W.P.(C) No.20232 OF 2020(D)

who are the members of the 2 nd respondent union has already

been settled.

Sd/-

ANIL K. NARENDRAN JUDGE MIN W.P.(C) No.20232 OF 2020(D)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF LETTER DATED 13/8/2020 FROM THE PETITIONER TO THE DISTRICT LABOUR OFFICER, THIRUVANANTHAPURAM.

EXHIBIT P2 TRUE COPY OF MINUTES OF THE MEETING HELD BY THE DISTRICT LABOUR OFFICER ON 27/8/2020.

EXHIBIT P3 TRUE COPY OF LETTER DATED 25/9/2020 ISSUED TO SRI.JAYAN S. WHO WAS WORKING AS A DRIVER IN THE TRANSPORTATION DIVISION.

EXHIBIT P4 TRUE COPY OF LETTER DATED 25/9/2020 ISSUED TO INDULEKHA S., WHO HAD WORKED AS HELPER IN THE CLEANING DEPARTMENT.

EXHIBIT P5 TRUE COPY OF REPRESENTATION DATED 24/9/2020 FROM THE PETITIONER TO THE 1ST RESPONDENT.

RESPONDENT'S/S EXHIBITS:

EXHIBIT R2(A) A TRUE COPY OF THE CIRCULAR NO. 11/2020 DATED 24/03/2020 ISSUED BY THE LABOUR COMMISSIONER.

EXHIBIT R2(B) A TRUE COPY OF THE LETTER DATED 20/03/2020 ISSUED BY THE SECRETARY TO GOVERNMENT OF INDIA TO ALL CHIEF SECRETARIES.

EXHIBIT R2(C) A TRUE COPY OF THE SALARY STATEMENT ISSUED FOR THE MONTH OF JUNE, 2019 TO SRI. SREEKUMAR K.S., A DRIVER OF THE PETITIONER INSTITUTION.

EXHIBIT R2(D) A TRUE COPY OF THE MESSAGE DATED 01/06/2020 FORWARDED BY THE PETITIONER TO THE BUS STAFF ON THE TELEPHONE.

EXHIBIT R2(E) A TRUE COPY OF THE MESSAGE DATED 06/07/2020 FORWARDED BY THE PETITIONER TO W.P.(C) No.20232 OF 2020(D)

THE BUS STAFF ON THE TELEPHONE.

EXHIBIT R2(F) A TRUE COPY OF THE REPRESENTATION DATED 12/08/2020 SUBMITTED BY THE 2ND RESPONDENT TO THE PETITIONER.

EXHIBIT R2(G) A TRUE COPY OF THE LETTER DATED 12/08/2020 ISSUED BY THE DISTRICT LABOUR OFFICER, THIRUVANANTHAPURAM TO THE PETITIONER AS WELL AS THE 2ND RESPONDENT.

EXHIBIT R2(H) A TRUE COPY OF THE REPLY DATED 13/08/2020 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT UNION.

EXHIBIT R2(I) A TRUE COPY OF THE ONE SUCH NOTICE DATED 18/08/2020 ISSUED BY THE PETITIONER.

EXHIBIT R2(J) A TRUE COPY OF THE MINUTES OF THE CONCILIATION MEETING DATED 27/08/2020 AT THE DISTRICT LABOUR OFFICER, THIRUVANANTHAPURAM.

EXHIBIT R2(K) A TRUE COPY OF THE MINUTES DATED 23/09/2020 OF THE CONCILIATION CONFERENCE.

EXHIBIT R2(L) A TRUE COPY OF THE NOTICE DATED 01/10/2020 ISSUED BY THE DISTRICT LABOUR OFFICER.

EXHIBIT R2(M) A TRUE COPY OF THE NOTICE DATED 25/09/2020 ISSUED TO A WORKER.

EXHIBIT R2(N) A TRUE COPY OF THE CHEQUE DATED 25/09/2020 WHICH FOLLOWED EXT.R2(M) NOTICE.