SAJEEV Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is a petition for police protection. Petitioner is the licence holder of toddy shop No.13 in Varkala Excise Range. An interim order of protection was already granted in W.P. (C) No.12139 of 2006. Thereafter, after hearing, the above interim order was confirmed by judgment dated 4.8.2006 (Ext.P6 judgment). However, contention of the workers that denial of employment of two persons S.V. Biju (8th respondent in this case) and G. Chandrababu. It was noticed by the court that their case was pending adjudication. Court also noticed the undertaking of the petitioner to pay wages to them if they loose the case. By Ext.P7 District Labour Officer found that 8th respondent S.V.Biju is an employee whereas G. Chandrababu was not an employee at all. Petitioner filed another writ petition Ext.P7 order of the District Labour Officer. We are not expressing any opinion regarding the merits of that dispute. Petitioner submits that disputed amount of wages payable upto 31.3.2007 can be deposited before Assistant Excise Commissioner. It is submitted by the contesting respondents unions that there is also an allegation that illicit liquor is being sold in the toddy shop. The Excise Commissioner and police should check the quality of the liquor and whether any illicit liquor is being sold in that shop and if so they are bound to take appropriate action as provided under the Abkari Laws, but, that is not a aground for taking law in the hands of the employees or unions.

(2.) IN the above circumstances, police is directed to grant protection on depositing Rs.75,000/- before the Assistant Excise Commissioner. Whether the amount is liable to be paid to any of the employees is to be decided after finality of the dispute. We also record the undertaking of the petitioner that if any amount is payable legally to the workers, they will pay the amount. The writ petition is disposed of.