DESIYA CHUMATTU THOZHILALI UNION Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THE four matters are connected and can be disposed of together, O. P. No. 4826 of 1989 is filed on June 9, 1989, by the Desiya Chumattu Thozhilali Union, INTUC-I (hereinafter called "union A"), impleading the police authorities as respondent Nos. 1 to 3 and the Headload and General Workers Union (CITU) (hereinafter called "union B"), Mangalam Dam Unit, as the fourth respondent, praying that a writ of mandamus be issued directing respondents No. 1 to 3 to give adequate police protection to the members of the petitioner- Union "for loading, unloading work" in Kudiamplakkal Estate in Chellikayam.

(2.) W. A. NO. 548 of 1993 is filed by the Sub-Inspector of Police, Mangalam Dam and another and W. A. No. 611 of 1993 is filed by Secretary, Desiya Chumattu Thozhilali Union (i. e. , Union A) both questioning the judgment of the learned Single Judge in O. P. No. 54 of 1993 dated February 17, 1993. The said O. P. was filed by one K. J. Vincent, who is the owner of the 10 acres estate in S. No. 561/3 of Mangalam Dam Village in Alathur Taluk. Respondents Nos. 1 and 2 in the original petition are police officials while respondent No. 3 therein is the Secretary of Union A. The estate owner sought the issue of a writ of mandamus to the police officers to afford sufficient police protection to transport timber from his estate in S. No 561/3, alleging unlawful obstruction by the members of Union A. That was an original petition filed on January 4, 1993.

(3.) IN O. P. No. 54 of 1993, a learned Single Judge of this Court, by judgment dated February 17, 1993, allowed the estate owner's plea and directed that the police officials give protection to the estate owner by removing any obstruction from Union A. Aggrieved by the said order, Union A has filed W. A. No. 548 of 1993 while the police authorities filed W. A. No. 611 of 1993. The ostensible reason for the police to file the said writ appeal was that in the earlier O. P. No. 826 of 1989 filed by Union B, there was an order in C. M. P. No. 14194 of 1989 dated June 26, 1989, by a Division Bench of this Court that the police give protection to the writ petitioner therein i. e. , Union B, "for the purpose of giving effect to the order of the Deputy Labour Officer, Palghat, in proceedings No. G. 758 of 1989 dated April 13, 1989". They contend that it is difficult to obey the judgment in O. P. No. 54 of 1993 dated February, 1993 and the "contrary" directions in the C. M. P. in O. P. No. 826 of 1989 dated June 26, 1989.