High Court of KeralaWP(C)/20658/2015closed

G4s Secure Solutions (India) Pvt Ltd v. The Commisioner Of Police

2015-07-16Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 16TH DAY OF JULY 2015/25TH ASHADHA, 1937 --------------------------- PETITIONERS :

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1. G4S SECURE SOLUTIONS (INDIA) PVT LTD H.NO.50/1209, C & C1, JCRA-83, JAWAN CROSS ROAD, PONEKKARA, EDAPPALLY, COCHIN - 682 041 REPRESENTED BY ITS BRANCH MANAGER, K.SURESH BABU.

2. C.V.PRASANTH, S/O.LATE V.V.NARAYANAN, OPERATION MANAGER G4S SECURE SOLUTIONS (INDIA) PVT LTD., H.NO.50/1209 C & C1, JCRA-83, JAWAN CROSS ROAD PONEKKARA, EDAPPALLY, COCHIN 682 041.

3. E.T.MATHEW EDAVAZHIKKAL, S/O.LATE E.M.THOMAS INTERNAL SECURITY MANAGER, G4S SECURE SOLUTIONS(INDIA) PVT. LTD, H.NO.50/1209, C& C1, JCRA-83, JAWAN CROSS ROAD PONEKKARA, COCHIN 682 041.

BY ADV. SRI.P.KURUVILLA JACOB RESPONDENTS :

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1. THE COMMISIONER OF POLICE, COCHIN CITY, PIN: 682 031.

2. THE ASSISTANT COMMISSIONER OF POLICE THRIKKAKARA, ERNAKULAM DISTRICT, 682 019.

3. THE CIRCLE INSPECTOR OF POLICE KALAMASSERY, ERNAKULAM DISTRIT 682 019.

4. THE SUB INSPECTOR OF POLICE ELAMAKKARA POLICE STATION, ELAMAKKARA P.O.

ERNAKULAM DISTRICT 682 0.

5. THE S.I OF POLICE KADAVANTHRARA POLICE STATION, KADAVANTHARA POST ERNAKULAM.

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6. KERALA SECURITY EMPLOYEES UNION, (AITUC), REPRESENTED BY ITS GENERAL SECRETARY K.B.HANEEF, CANON - SHED ROAD, ERNAKULAM - 682 011.

7. C.G.VINOD ORGANIZING SECRETARY, KERALA SECURITY EMPLOYEES UNION (AITUC), COMMUNIST PARTY OF INDIA, DISTRICT COMMITTEE OFFICE, JUDGES AVENUE, ERNAKULAM NORTH, PIN - 682 018.

(ADDRESS OF 7TH RESPONDENT IS CORRECTED AS PER ORDER DATED 14.07.2015 IN I.A. No.9825/15). * 8. COMMUNIST PARTY OF INDIA DISTRICT COMMITTEE OFFICE, JUDGES AVENUE ERNAKULAM NORTH, PIN: 682 018.

(8TH RESPONDENT IS DELETED FROM PARTY ARRAY AS PER ORDER DATED 14.07.2015 IN I.A. No.9825/2015) R1 TO R5 BY SR.GOVERNMENT PLEADER, SRI.C.R. SYAM KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

--------------------------------- APPENDIX PETITIONERS' EXHIBITS :

----------------------------- P1: TRUE COPY THE JUDGMENT DATED 18/2/11 IN WPC NO.4983/2011 OF THE HON'BLE HIGH COURT.

P2: TRUE COPY OF NOTICE DATED 26/7/13 SIGNED BY RESPONDENTS 6 AND 7, FORWARDED TO THE VICE PRESIDENT OF 1ST PETITIONER COMPANY TOWARDS THE END OF JUNE 2013.

P2A: TRUE ENGLISH VERSION OF EXT.P2.

P3: TRUE COPY OF THE JUDGMENT DATED 31/1/14 IN WPC NO.20045/2013 OF THE HON'BLE HIGH COURT.

P4: TRUE COPY OF THE STRIKE NOTICE NIL ISSUED TO 1ST PETITIONER BY THE SECRETARY OF 6TH RESPONDENT UNION IMMEDIATELY AFTER 25/6/2015. P5: TRUE COPY OF THE STRIKE NOTICE DATED 29/6/15 AFFIXED AND PUBLISHED BY RESPONDENTS 6 AND 7 AT THE PREMISES OF 1ST PETITIOENR'S OFFICE AT PONAEKKARA.

P5(A): TRUE ENGLISH VERSION OF EXT.P5.

P6: TRUE RECENT PHOTOGRAPH OF THE PORTICO OF 1ST PETITIONER'S OFFICE BUILDING AT PONAEKKARA WITH TWO FLAGS OF 6TH RESPONDENT UNION ATTACHED TO THE METALLIC RAILING.

P7: TRUE RECENT PHOTOGRAPH OF THE INNER REGION OF THE PORTICO OF 1ST PETITIONER'S OFFICE AT PONEKKARA.

P8: TRUE RECENT PHOTOGRAPH OF THE INNER VIEW OF 1ST PETITIONER'S OFFICE ROOM AT PONAEKKARA.

P9: TRUE COPY OF 1ST PETITIONER'S COMPLAINT DATED NIL SUBMITTED TO RESPONDENTS 2 TO 4 ON 1/7/15.

P9(A): TRUE COPY OF THE RECEIPT DATED 1/7/15 OBTAINED FROM THE OFFICE OF 2ND RESPONDENT, WHILE RECEIVING EXT.P9 COMPLAINT. P10: TRUE COPY OF 1ST PETITIONER'S COMPLAINT DATED 2/7/15 SUBMITTED TO 5TH RESPONDENT.

P10(A): TRUE COPY OF THE RECEIPT DATED 3/7/15 OBTAINED FROM THE OFFICE OF 5TH RESPONDENT, WHILE RECEIVING EXT.P10 COMPLAINT. RESPONDENTS' EXHIBITS :

------------------------------ NIL /TRUE COPY/ PA TO JUDGE

ASHOK BHUSHAN, C.J. & A.M. SHAFFIQUE, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 20658 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of July, 2015

JUDGMENT

Shaffique, J.

This writ petition is filed seeking police protection inter alia alleging that respondents 6 and 7 and their men are creating obstruction in the functioning of the office premises of the 1st petitioner company.

2. Learned Government Pleader on instructions would submit that on account of the conciliation meeting in the presence of police officials, the entire issues were settled between the parties and at present there is no agitation in the petitioner's office. Learned counsel for the petitioners have also admitted the said fact. Under such circumstances, we do not think it necessary to issue any direction in the matter. The Writ Petition is closed with liberty to the petitioner to approach this Court again in case of any further cause of action.

Ashok Bhushan, Chief Justice.

A.M. Shaffique, Judge.

ttb/16/07