BALAKRISHNA TRANSPORT Vs. SUPDT OF POLICE

JUDGEMENT

(1.) The issues raised in these Original Petitions are interconnected. So, I consider it advantageous to dispose of the same by a common judgment. I am referring to the parties and exhibits as they are arrayed and marked in O.P. No.6320/1989.

(2.) The short facts necessary for the disposal of these cases are as follows: Petitioner is a stage carriage operator. He owns a fleet of stage carriages. They ply on inter district routes. Headquarters is in Trichur District. Petitioner has in his employment nearly 130 workers. Majority of the, employees are members of 7th respondent trade union. 8th respondent commands second position in terms of numerical strength of members. 9th respondent union was established recently. They have put forward a charter of demands evidenced by Ext. P4. Petitioner moved 6th respondent, the District Labour Officer, Trichur, to take up the demand and to conciliate the matter. While conciliation proceedings were in progress 9th respondent issued Ext. P7 ultimatum to the petitioner demanding that the charter of demands submitted by them should be accepted into on or before 22-6-1989 and on failure they will resort to direct action from 23-6-1989 onwards. Petitioner could not comply with the ultimatum given by 9th respondent. Consequently 9th respondent and its followers resorted to use of force against the petitioner and vehicles owned by him. Petitioner approached the police officials for getting protection from the illegal activities of 9th respondent and its followers. Since effective protection was not afforded by the police, petitioner has approached this court by moving O.P.No.6320/1989.

(3.) 9th respondent has moved O.P. 6345/1989 for the issuance of a writ of mandamus to respondents 1 and 2, police officers, Trichur, to prevent them from giving any police help or assistance to the petitioner in O.P.6320/1989.