COIMBATORE PERIYAR DISTRICT MOTOR TRANSPORT MUNNETRA SANGAM Vs. SIVAKUMAR TRANSPORT TIRUPUR AND OTHERS

JUDGEMENT

(1.) By consent of both parties, the writ appeal itself is taken up for final disposal.

(2.) The writ appeal has been filed under Cl. 15 of the Letters Patent after obtaining the leave of this Court as the appellant Sangam was not a party to the proceedings in W.P. No. 10123 of 1985 against which this appeal has been filed. That writ petition was filed by the first respondent against two police officials, who are respondents 2 and 5 herein, praying for a writ of Mandamus directing them to give police protection for taking out their bases from the garage and aid the petitioner first respondent herein to run them on their respective routes. It is stated by the learned counsel for the appellant that there was a settlement under S. 12(3) of the Industrial Disputes Act and in violation of the said settlement, certain workers were employed and certain other persons were not employed. In respect of the same, the workers went on strike and prevented the first respondent, who is a transport operator, from taking out the route buses from the garage and plying them on the routes. It is in these circumstances, the writ petition was filed, seeking for police protection. Learned counsel for the appellant, relying on certain reported decisions, contended that the workers have gone on a strike and the very effect of the strike resorted to by them will be very much weakened if the first respondent is permitted to ply the vehicles on their respective routes, and since there is no allegation of violence or that the workers are indulging in unlawful acts, police protection ought cot to have been given. In support of this contention, learned counsel has relied on the decision reported in Sri Rama Vilas Service Ltd, Vs. Simpson and Group Companies Union 1979 2 L.L.J. 284 . In that case, the learned Judge observed as follows:--

(3.) In the other decision reported in G.R. S.M. (W) Co., Ltd. Vs. District Collector, Allepey 1982 1 L.L.J. 356 , a learned Judge of the Kerala High Court held:--