Peeniya Industrial Gases (P)LTD. vs. The Station House Officer
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MRS. JUSTICE SHIRCY V. TUE AY, THE 20TH DAY OF AUGUST 2019 / 29TH SRAVANA, 1941 WP(C).No.11026 OF 2019(C) PETITIONER/S: PEENIYA INDUSTRIAL GASES (P)LTD., REPRESENTED BY ITS MANAGING DIRECTOR D.MADHUSOODANAN PILLAI, MUPPATHADOM, KADUNGALLUR VILLAGE, EDAYAR INDUSTRIAL AREA, KADUNGALLUR,KOCHI-681 110 BY ADVS. SRI.K.REGHU KOTTAPPURAM SRI.R.MAHESH (KOTTAPPURAM) RESPONDENT/S: 1 THE STATION HOUSE OFFICER, BINANIPURAM POLICE STATION, BINANIPURAM, KOCHI-683 502 2 THE SUPERINTENDENT OF POLICE, ALUVA RURAL RURAL,ALUVA, ERNAKULAM, KOCHI-683 101 3 THE SECRETARY, HEAD LOAD WORKERS UNION (CITU), EDAYAR INDUSTRIAL AREA, MUPPATHADOM, KADUNGALLUR, ERNAKUALM, KOCHI-683 110 4 THE SECRETARY, HEAD LOAD WORKERS UNION (INTUC), EDAYAR INDUSTRIAL AREA, MUPPATHADOM, KADUNGALLUR, ERNAKUALM, KOCHI-683 110 5 THE CHAIRMAN, KERALA HEADLOAD WORKERS WELFARE FUND BOARD, POOKARANMUKKU, ERNAKULAM, KOZHI-682 035 R5 BY SRI.S.KRISHNA MOORTHY, SC, KHWWB OTHER PRESENT: SR.GP SRI.P.P.THAJUDEEN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20- 08-2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).11026/19 2 JUDGMENT Vinod Chandran, J.
Petitioner is an industrial gas manufacturing unit. The grievance in the Writ Petition is as to obstruction to loading and unloading activities in the unit, at the instance of respondents 3 and 4, who are said to be Unions representing the members of the pool constituted under the Headload Workers Scheme. Learned Standing Counsel for the 5th respondent appears and submits that the area is Scheme covered.
The specific contention of the learned counsel for the petitioner is that the cylinders in which gas is filled have to be handled very carefully since a leakage would bring about disastrous consequences. The petitioner has also produced certificates issued by the company, to persons who have been trained to handle the cylinders. In such circumstances, we do not see any justifiable reason for the obstruction, as carried out by respondents 3 and 4. We had, at the admission stage, issued an interim order. But
W.P.(C).11026/19 3 however, none appeared though notice has been served. In the above circumstances, we are of the opinion that no obstruction can be made by respondents 3 and 4 to the petitioner's loading and unloading works which is carried out by trained workers. If obstruction is caused, police shall afford necessary protection. Writ Petition is allowed. No costs. K.VINOD CHANDRAN JUDGE SHIRCY V. kkb. JUDGE
W.P.(C).11026/19 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 A PHOTOCOPY OF PROCEEDINGS NO.B2/7490/02 DATED 12.6.2018 OF GENERAL MANAGER,DISTRICT INDUSTRIES CENTRE EXHIBIT P2 A PHOTOCOPY OF RECEIPT DATED 11.1.2019 ISSUED BY POLLUTION CONTROL BOARD EXHIBIT P3 A PHOTOCOPY OF LETTER OF APPROVAL DATED 27.12.2018 ISSUED BY THE DEPUTY CONTROLLER OF EXPLOSIVES DATED 27.12.2018 EXHIBIT P4 A PHOTOCOPY OF UDYOG ADHAR DATED 1.1.2019 EXHIBIT P5 A PHOTOCOPY OF GST REGISTRATION CERTIFICATE -REG.NO.32AABCP0904GIZ2 EXHIBIT P6 A PHOTOCOPY OF PETITION DATED 1.4.2019 SUBMITTED BY THE POLICE FOR PROTECTION EXHIBIT P7 A PHOTOCOPY OF RECEIPT DATED 1-4-2019 ISSUED BY POLICE EXHIBIT P8OF THE G.O(MS) 32/2014/ID DATED 28/02/2014 EXHIBIT P9OF THE CERTIFICATES IN RESPECT OF TRAINING OF WORKERS HANDLING GAS CYLINDERS, CYLINDER IDENTIFICATION IN HANDLING EMERGENCY SITUATION //
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.