Ceecon Ready Mix Concrete (P) LTD vs. State Of Kerala
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 8TH DAY OF NOVEMBER 2021 / 17TH KARTHIKA, 1943 WP(C) NO. 21999 OF 2021 PETITIONER: CEECON READY MIX CONCRETE (P) LTD KANNAMPATHUR, PUDUKAD, THRISSUR, REP. BY MANAGING DIRECTOR SURESH K.K., KUNDOLY HOUSE, 302, 3RD FLOOR, PINACLE RESIDENCY TOWER-1, AYYANTHOLE, THRISSUR-680 003 BY ADV DILIP J. AKKARA RESPONDENTS: 1 STATE OF KERALA REP BY PRINCIPAL SECRETARY, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM 2 THE SUPERINTENDENT OF POLICE (RURAL), AYYANTHOLE, THRISSUR-680 003 3 THE CIRCLE INSPECTOR OF POLICE, PUDUKKAD, PUDUKAD POLICE STATION, THRISSUR-680 301 4 CEECON LABOUR UNION (AITUC), REP. BY GENERAL SECRETARY, P.G.MOHANAN, R.V.SMARAKAM, AMBALLUR, PUDUKKAD P.O., THRISSUR-680 301 5 VINODHAN.P.B AGED 58 YEARS S/O. BAHULEYAN, VICE PRESIDENT, CEECON LABOUR UNION, PUTHUPULLY HOUSE, THOTTIPPAL P.O.,THRISSUR-680 310 6 SHIJO.N.VARGHESE, AGED 45 YEARS S/O. N.M.VARGHESE, SECRETARY, CEECON LABOUR UNION, NELLIPALLIL HOUSE, PUNNATHURA WEST P.O., ETTUMANUR, KOTTAYAM-686 639
2 W.P.(C)No. 21999 of 2021 BY ADV C.A.CHACKO SRI.E C.BINEESH - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3 W.P.(C)No. 21999 of 2021 JUDGMENT Dated this the 8
th day of November, 2021. The petitioner is stated to be a Company registered under the provisions of the Companies Act 1956, and allege that some of their employees, led by 4th respondent – Union and 5th and 6th respondents, have now raised untenable demands, which has led to unrest in their premises.
The petitioner alleges that the party respondents have obstructed their operations and are impeding the ingress and egress to and from their compound and that this, consequently, forced them to approach 3rd respondent – Circle Inspector of Police, through Ext.P5, seeking protection; but that since no action was taken thereon;
4 W.P.(C)No. 21999 of 2021 they have been left without any other option but to approach this Court through this writ petition.
The afore submissions made by Sri.Dilip J.Akkara – learned counsel for the petitioner, were vehemently opposed by Smt.C.M.Karisma, relying upon a counter affidavit filed on behalf of 4 to 6 respondents. She pointed out that her clients have not indulged in any obstructionist activities in the factory, or in the premises of the petitioner; but have only invoked their legitimate rights under the Industrial Disputes Act, 1947. She took me through Ext.R4(a) which is a representation made by her clients, as also Ext.R4(b) which is a notice issued by the District Labour Officer to the petitioner; and alleged that the petitioner did not cooperate with the conciliation proceedings initially, but that finally such process was conducted by the District Labour Officer, which culminated
5 W.P.(C)No. 21999 of 2021 in Ext.R4(c) dated 18.08.2021. She argued that, it is suppressing all these facts, that the petitioner has filed this writ petition.
In reply, Sri.Dilip J.Akkara– learned counsel for the petitioner, initially sought time to file a reply affidavit, but then submitted that, even assuming that the documents on record are genuine, it would not give any right to the party respondents to take law and order into their own hands or to create any obstruction. He submitted that his clients are committed to the processes of law and that they will not violate it in any manner what so ever.
When I consider the afore submissions, it is without doubt that no one can be allowed to take law and order in to their own hands, even when there are labour issues. Since respondents 4 to 6 themselves admitt that
6 W.P.(C)No. 21999 of 2021 they are invoked their statutory remedies, I do not see how they can be allowed to use violence or to resort to illegal activities, in pursuit of their claims. In the afore circumstances, I allow this writ petition, directing the 3rd respondent – Circle Inspector of Police, to ensure that effective and adequate protection is offered to the petitioner and their willing employees against any threat intimidation or violence from any source, including from respondents 4 to 6 or their men or associates. The said Authority also will ensure that law and order is maintained in the area where the petitioner is conducting their activities, without any breach of peace allowed by any person, including the party respondents. Needless to say, I leave full liberty to respondents 4 to 6 to pursue all their available legal remedies before the competent Authorities; for which purposes, all their
7 W.P.(C)No. 21999 of 2021 contentions are left open. I fruther direct the petitioner to cooperate with all further proceedings under law, which has been or is to be initiated by the competent Authority; and if they had executed annexure R4(c) as asserted by respondents 4 to 7, they will abide by it, subject to their available remedies in law against it. DEVAN RAMACHANDRAN JUDGE Raj/08.11.2021. 8 W.P.(C)No. 21999 of 2021 APPENDIX OF WP(C) 21999/2021 PETITIONER EXHIBITS Exhibit P1 PHOTOCOPY OF PETITIONER’S CERTIFICATE OF INCORPORATION DATED 30.05.2008 ISSUED BY
Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.