Petitioner sought police protection and prohibition order against employees terminated from his hotel, alleging threats and obstruction. Court noted labour dispute and noted arguments before closing the petition without prejudice to statutory remedies.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI
MONDAY, THE 8TH NOVEMBER 2010 / 17TH KARTHIKA 1932
WP(C).No. 23898 of 2010(J) -----------------------------------PETITIONER(S):
S.NARAYANAN MOOSATH,GENERAL MANAGER, HIGHLAND HOTEL & RESORTS,KOTTARAKKARA.
BY ADV. SRI.LEGY ABRAHAM SMT.V.V.RISANI
RESPONDENT(S):
WP(C).No. 23898 of 2010(J)
-2-
R1 TO R3 BY GOVERNMENT PLEADER SRI.ALEX M.THOMBRA. R5 BY ADV. SRI.SYAM J SAM R4, 6-9 TO 18 ADV. SRI.K.V.ANIL KUMAR R4,6-9 TO 18 ADV. SRI.AJITH MURALI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.M.JOSEPH & M.C.HARI RANI, JJ.
W.P.(C) No.23898 of 2010-J
Dated, this the 8th day of November, 2010
J U D G M E N T
K.M.Joseph, J.
Petitioner has approached this Court seeking police protection for running his hotel and for issuance of a writ of prohibition, order or direction prohibiting respondents 4 to 18 from obstructing the customers of hotel run by the petitioner.
follows: Petitioner is the General Manager of a 3 star hotel. There is a bar in the hotel. The management found that the said bar is not fit for their 3 star standard and they decided to shut down the bar. The bar is closed and the management has given notice of termination to 15 employees. Respondents 4 to 18 are the employees whose service is terminated by the management on 4.4.2010. Respondents 4 to 18 made complaint to the District Labour Officer, Kollam. Conciliation proceedings are going on. It is alleged that respondents 4 to 18 came to the premises of the hotel and
WPC 23898/2010 -2-
they threatened the customers and employees. They said that they will destroy the hotel and proprietor Mr.Rajendran Pillai. Petitioner filed Exts.P2 complaint for which Ext.P3 is the receipt.
(K.M.JOSEPH) JUDGE.
(M.C.HARI RANI) JUDGE.
MS
2 issues framed by the court
Whether petitioner is entitled to police protection for his hotel operations
Whether to issue prohibition order against respondents alleging obstruction
S.NARAYANAN MOOSATH
STATE OF KERALA
PRASAD.S
INDHUSEKHARAN NAIR.B
K.M.JOSEPH
M.C.HARI RANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
