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Mahatma Gandhi Memorial Model School

High Court Of Kerala|16 June, 2014
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JUDGMENT / ORDER

Ramachandra Menon,J
Petitioner is running a 'school', and imparting education to as many as 3000 children. The petitioner is constrained to approach this Court because of the serious threat to the law and order situation created at instance of respondents 8 to 10, who were the former employees of the petitioner.
2. The case of the petitioner is that, as per the norms, particularly, with regard to the service conditions, the employees are permitted to work only up to attaining the age of 58 years. It was accordingly that the persons concerned were decided to be given the benefits and they were permitted to retire on completing the age of 58 years. The benefits payable to such workers were in fact accepted by only a few and respondents 5 to 10, who were drivers in the petitioner’s school, refused to W.P.(C) No.14019 of 2014 2 accept the service benefits and to proceed on retirement. On the other hand, they took the law into their hands and caused serious threats, demanding to accede to their needs. In spite of filing a complaint before the Police, no serious attempt was made from the part of the police to extend necessary protection, by virtue of which, the management, teachers, staff and little children are made to suffer a lot and hence the writ petition.
3. The learned Government Pleader appearing on behalf of respondents 1 and 2 submits that, pursuant to the complaint preferred by the petitioner, the matter was enquired into and a crime has been registered against the miscreants. It is stated that investigation is going on, simultaneously adding that necessary and adequate police patrolling has been ordered and that there is a constant vigil with regard to the day to day affairs.
4. In spite of the completion of service of notice, the party respondents have not chosen to appear before this Court.
5. After hearing the learned counsel appearing for the petitioner and the learned Government Pleader appearing on behalf of respondents 1 and 2, we find that the petitioner is entitled to have the relief, if at all there is any threat to the law W.P.(C) No.14019 of 2014 3 and order situation. In the said circumstances, there will be a direction to respondents 1 and 2 to afford adequate and effective protection to the petitioner management, staff and children to attend the school and for peaceful functioning of the same, without being obstructed by the respondents 3 to 10 or anybody under them.
6. It is also made clear that, this will not bar the way of the respondents 3 to 10 to pursue their rights and remedies with regard to the service conditions before the appropriate forum, if they are aggrieved and if so advised in this regard.
The writ petition is disposed of accordingly.
MANJULA CHELLUR, CHIEF JUSTICE
P.R.RAMACHANDRA MENON,
JUDGE.
sj 16/06
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Title

Mahatma Gandhi Memorial Model School

Court

High Court Of Kerala

JudgmentDate
16 June, 2014
Judges
  • Manjula Chellur
  • P R Ramachandra Menon
Advocates
  • K S Manu
  • Sri
  • K B Pradeep