SHYAM C.K. Vs. STATE OF KERALA

JUDGEMENT

(1.) The writ petition is filed by the Managing Partner of a Company seeking protection to remove the finished goods from the factory. The petitioner was granted an interim order by this Court directing the police to ensure that the access of the Management, Staff and willing workers shall not be obstructed. When the matter was posted again, it was the specific contention of the learned Counsel appearing for the workmen- party respondents that the petitioner, under the guise of the order, removed many articles from the building and they have also been denied their salary. The respondents also submit that an illegal closure of the factory has been effected and despite the petitioner conceding before the District Labour Officer that the factory would be opened, it has not been done.

(2.) The learned Counsel for the petitioner however submits that only the cashew kernels were removed form the premises and most of it could not be used for reason of the obstruction caused and the delay in removing it. It is also submitted that the petitioner Company is now facing financial problems and on having sufficient means to reopen the factory and procurement of raw materials, the factory would be opened.

(3.) It has to be noticed that the petitioner had come before this Court seeking police protection and the petitioner has also removed the finished goods which was the only prayer in the writ petition. The petitioner as of now is not continuing the business and when he re-opens it, undertakes that the employees will be engaged.