Shaffique, J.
This Writ Petition is filed seeking police protection. The petitioner has undertaken the work of piling for construction of the proposed Kindergarten and School at Vypin. By virtue of the terms of the work order dated 15.10.2014 issued by Rajagiri Educational Institutions, the petitioner has to complete the piling work within 90 days from the date of the work order. The proposed piling work is for construction of a school building to be started during the academic year 2015-2016.
2. According to the petitioner, he has every right to employ his own workers, especially since piling is a specialised work. However, the party respondents and their men are obstructing in carrying on the work, demanding work for the members of their unions. The petitioner, therefore, approached the Police for necessary protection to enable him to carry on the work and to avoid law and order situation. Since no action is taken by the Police, this Writ Petition is filed.
WP(C).28310/14 2
3. Learned counsel appearing for respondents 2 and 3 submits that they have not created any obstruction. Their workers are being employed by the petitioner and they have no issue in regard to the employment being made by the petitioner.
4. The fourth respondent is deleted from the party array as per order in I.A.No.15755 of 2014.
5. Learned counsel appearing for respondents 5 to 8 submits that they are also persons working in the locality, but they are not given any employment by the petitioner. According to them, their representatives are also to be included in the work being carried on in the said locality.
6. Learned counsel for the 8th respondent has relied upon various judgments of this Court to contend that this Court had interfered in police protection cases and in a Writ Petition this Court had observed that 50% of the work can be given to the employer's workers and the balance 50% had to be divided among the members of the Unions.
7. Having heard the learned counsel on either side, we are of the view that the petitioner, who has undertaken certain works, is entitled to employ his own workers. If at all members of the unions represented by the party respondents have any WP(C).28310/14 3 contention that they are not being employed for the work being done by the petitioner, they cannot take law into their hands and create any physical obstruction. The remedy, if any, is only to approach the Labour Officer concerned and seek intervention to get employment for their members also in the said work. Learned counsel for the party respondents fairly admits that there is no statutory provision, which enables them to demand any work from the petitioner.
8. The fact being so, the party respondents or their men cannot create any obstruction. We do not think that we should direct the petitioner to engage any of the workers of the respondent unions, especially when there is no provision of law, which enables them to demand such work. It is purely within the discretion of the petitioner to employ workers of his choice either from the unions or engage his own workers.
Under these circumstances, we are of the view that this Writ Petition can be disposed of in the following manner:
(i). In the event of any obstruction created by the party respondents or their men, the first respondent shall ensure that law and order situation is maintained and the petitioner is able to carry on the work by employing workers of his choice.
WP(C).28310/14 4 (ii) If the party respondents have any grievance, it shall be open for them to approach the District Labour Officer for appropriate reliefs.
ASHOK BHUSHAN ACTING CHIEF JUSTICE vgs19/11/14 A.M.SHAFFIQUE JUDGE