FCI OEN CONNECTORS LIMITED Vs. STATE OF KERALA

JUDGEMENT

(1.) FIRST petitioner company is conducting industrial units engaged in the manufacture of 'connectors'. They are having three factories at 'Mulanthuruthy'. The issue involved herein pertains to the factory situated at 'Thiruvaniyoor', workers of which are represented through the 8th respondent trade union. The 8th respondent had issued Ext.P1 strike notice, since the long term settlement could not be arrived with respect to matters governing salary and other emoluments payable to the workmen. It is stated that the existing long term settlement expired on 28/2/2010, and the labour officer is conciliating the issue for arriving new long term settlement.

(2.) ACCORDING to the petitioner, they have got time bound contracts for supply of goods, entered with various concerns including public sector undertakings and any obstruction which will be caused to functioning of the factory due to the strike noticed, will cause severe prejudices. The petitioners apprehend that, under the guess of the strike called for, obstructions will be caused to the willing workers from entering the factory and in continuing their work. Under such circumstances, the petitioner submitted Ext.P3 complaint before the 2nd respondent. Since no positive action was taken, this writ petition is filed seeking direction to afford police protection to the running of the factory.

(3.) UNDER such circumstances, we are of the view that the writ petition can be disposed of directing respondents 2 to 7 to have constant vigil on the situation arising out the proposed strike. It is made clear that the members of the 8th respondent will be at liberty to demonstrate peaceful strike or agitations. However, they are not entitled to cause any obstructions to the star of the management and the willing workers or the vehicles from entering into the factory premises or any other sort of obstruction to the normal functioning of the factory. Respondents 2 to 7 will take take effective steps to ensure that the situation as mentioned above and also the peaceful law and order situation is maintained in the premises and the locality. The claims regarding the labour dispute shall be pursued before the appropriate authority of the Labour Department and efforts shall be taken by both sides to achieve peaceful settlement. The writ petition is disposed of with the observations and directions contained as hereinabove.