BAISIL ATTIPETTY Vs. STATE OF KERALA

JUDGEMENT

(1.) The present petition is in the nature of a public interest litigation seeking following reliefs:

(2.) According to the petitioner, since time immemorial, the people of Kerala have developed the habit of reading the newspaper first and then attending to daily routine. Therefore, denial of supply of newspaper from 20/03/2012 has caused immense inconvenience and great hardship to the people of Kerala. When the matter came up for admission, having regard to the issues involved, the matter was referred to Mediation Centre after impleading the 12th respondent.

(3.) The report of the Mediator informs failure of mediation. However, during the pendency of the proceedings before the Mediation Centre, the newspaper agents, who were on strike withdrew their strike. There is no disturbance to the supply of newspaper as alleged in the writ petition. What we could gather from the submissions of the learned counsel for the petitioner, newspaper management and the newspaper agents' union that some of the agencies are revived and some agents are still waiting for a call from the management to talk to them and they are not yet given any hearing. The fact remains that the dispute between the management and the agents is purely a contractual obligation between the parties in terms of the contract entered into between them. The reliefs sought for by the petitioner is entirely a different one. We cannot decide the civil dispute between the parties, that is contractual rights and obligations, and this is not the forum to hear such issues. Having regard to the withdrawal of the strike and smooth functioning of the newspaper, we are of the opinion there is no need for us to keep the matter pending. However, we also make it clear that all such newspaper agents, who have not yet got any benefits or revival of agency are at liberty to approach the proper forum for redressal of their grievances.