High Court of KeralaSingle Judge2021-06-24Writ petition disposed of; interim order retain...

Anton Phonse Cardamom Plantations v. State of Kerala and others

Case / Petition Number:WP(C) NO. 22236 OF 2019

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P. V. Kunhikrishnan
Judgment Date: 2021-06-24
Court Decision / Holding: This writ petition is disposed of with directions retaining the interim order. If any law and order problem arises, the petitioner may approach the Station House Officer, who will take the necessary steps in accordance with the law and the interim order. The court reiterated that the management is free to employ workers as needed, subject to permanent workers not being deprived of employment, and that police protection will be provided to prevent obstruction of migrant workers. The exercise preserves the status quo while enabling the authorities to respond to complaints under law.
Final Disposition: Writ petition disposed of; interim order retained; directions issued to SHO to act per law on complaints and to ensure no obstruction to migrant workers, while allowing the estate to employ workers as required.

Parties to the Case

Appellants / Petitioners

Anton Phonse Cardamom Plantations (A registered partnership firm) represented by its Manager Sunny Devasia

Respondents

State of Kerala represented by Secretary, Home Department, Government Secretariat, Thiruvananthapuram
District Police Chief, Office of the District Police Chief, Kuilimala, Painavu P.O., Idukki District
Station House Officer, Kumily Police Station, Kumili, Idukki District
Murugan, aged about 37 years, S/o Chinnadurai, Pampupura P.O., Chakkkupallam, Chakkkupallam Village, Udumbanchola Taluk, Idukki District
B. Vijayan, aged about 55 years, IDUKKI District

Legal Representation & Advocates

Counsels for Petitioners

• C.K. Karunakaran
• Smt. Lekshmi P. Nair
• Sri. Arjun Sathish Kumar

Counsels for Respondents

• N.B. Sunil Nath, Govt. Pleader
• Smt. T.P. Sindhumol

Case Synopsis & Summary

This writ petition filed in the Kerala High Court concerns protection for the lives of workers and the plantation’s property, and protection for migrant labourers recruited for seasonal work. The petitioner, a registered partnership firm represented by its manager, sought mandamus-type relief to ensure safety and to prevent unlawful interference in labor deployment. The petition highlights alleged obstruction by union leaders and associates, with multiple FIRs and complaints against alleged illegal activities by respondents 4 and 5 and their henchmen. The court records prior interim orders and directions: it held that the union cannot decide the number of workers to be employed, and that the management must be free to employ as many workers as required, while guaranteeing permanent workers cannot be denied employment. The judiciary emphasized that police protection should be available if obstructions occur and that migrant workers from Tamil Nadu and other states should not be unlawfully impeded. In subsequent proceedings, the court instructed police to ensure no migrant workers are obstructed and to address law-and-order issues strictly in accordance with the interim orders. Ultimately, the petition was disposed of with directions retaining the interim relief, directing the SHO to respond to complaints as per law, thereby balancing employment rights with maintenance of public order in the estate setting.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner seeks protection for the lives of plantation workers and for the safety of property, including protection to migrant labourers from Tamil Nadu and other states engaged in seasonal work. It seeks investigation and action on alleged illegal activities by respondents 4 and 5 and their associates, requests inquiry into Ext.P11, and asks the court to report on actions taken in Exts.P4–P10. The petition also seeks interim relief and costs.

Contentions of Respondents

The respondents, supported by the Union’s stance, argued that the management previously agreed with the Union on 06.08.2019 to limit permanent and temporary workers (21 permanent, 10 temporary) and that union leadership attempted to control hiring. The State argues that while there may be law-and-order concerns, the court should ensure that the Union cannot dictate numbers and that police protection be available only when obstruction occurs, with decisions framed by law and interim orders. The respondents contend that an accommodation between management and workers is necessary and that protection should be provided where unlawful activity or obstruction arises.

Cited Precedents (3)

Case Name	Citation	Treatment	Explanation
WPC 25450 of 2018	WPC 25450 of 2018	Mentioned Only	Exhibit P1 cites the judgment in WPC No. 25450 of 2018 attached to the petition; no ratio or direct application is discussed in the text.
OS 399 of 2017, Munsiffs Court, Kattapana	OS 399 of 2017	Mentioned Only	Exhibit P2 references a judgment in OS No. 399 of 2017 from the Munsiffs Court, Kattapana; not analyzed for doctrine here.
OS 345 of 2018, Munsiffs Court, Kattapana	OS 345 of 2018	Mentioned Only	Exhibit P3 references a judgment in OS No. 345 of 2018 from the Munsiffs Court, Kattapana; not discussed for ratio here.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 24[TH] DAY OF JUNE 2021 / 3RD ASHADHA, 1943** **WP(C) NO. 22236 OF 2019** ## **PETITIONER:** **ANTON PHONSE CARDAMOM PLANTATIONS VII/327, VAZHAVEED KARA, PAMBUPARA P.O, VANDANMEDU PANCHAYATH, CHAKKUPALAM VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN-685551, A REGISTERED PARTNERSHIP FIRM REP.BY ITS MANAGER, SUNNY DEVASIA.** **BY ADVS. C.K.KARUNAKARAN SMT.LEKSHMI P. NAIR SRI.ARJUN SATHISH KUMAR** ## **RESPONDENTS:** |**1**|**STATE OF KERALA**| |---|---| ||**REP.BY SECRETARY, HOME DEPARTMENT, GOVERNMENT**| ||**SECRETARIAT,**| ||**THIRUVANANTHAPURAM-695001.**| |**2**|**DISTRICT POLICE CHIEF, OFFICE OF THE DISTRICT POLICE**| ||**CHIEF,**| ||**KUILIMALA, PAINAVU P.O, IDUKKI DISTRICT, PIN-685603.**| |**3**|**STATION HOUSE OFFICER,**| ||**KUMILY POLICE STATION, K.K. ROAD, KUMILI, IDUKKI**| ||**DISTRICT-685509.**| |**4**|**MURUGAN,**| ||**AGED ABOUT 37 YEARS, S/O. CHINNADURAI,**| ||**PAMPUPARA P.O, CHAKKUPALLAM, CHAKKUPALLAM VILLAGE,**| ||**UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN-685551.**| |**5**|**B. VIJAYAN,**| **WP(C) NO. 22236 OF 2019** 2 **AGED ABOUT 55 YEARS, FATHER'S NAME NOT KNOWN, SHYAM NIVAS HOUSE, ANAVILASOM P.O, KUTHUKALSERRY, IDUKKI DISTRICT, PIN-685535.** **R4 & R5 BY ADV SMT.T.P.SINDHUMOL** **R1 TO R3 BY ADV.N.B.SUNIL NATH, GOVT. PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C) NO. 22236 OF 2019** 3 ## **JUDGMENT** This writ petition is filed with following prayers: - i. To issue a writ of mandamus or such other appropriate writ, order or direction commanding respondents 1 to 3 to provide protection to the lives of the workers of the petitioner and the property of the plantation. - ii To issue a writ of mandamus, or such other appropriate writ, order or direction commanding respondents 1 to 3 to afford protection to the labourers from Tamil Nadu, and other states who come to work in the plantation for seasonal work. - iii. To direct the 3[rd] respondent to enquire into the illegal activities of respondents 4, 5 and their henchmen, and to take appropriate action against persons indulging in criminal acts against the men and properties of the petitioner. - iv. To direct respondents 2 and 3 to immediately investigate Ext.P11 complaint, including the use of violence, damage to property. - v. To report to this Hon'ble Court the action taken by the 3[rd] respondent on Exts.P4 to P10 complaints. - vi. To issue such other appropriate writs, orders or directions that this hon'ble Court may deem fit and proper to issue on the facts and in the circumstances of this case. Vii. To grant the costs of these proceedings to the petitioner. 2. When this matter came up for consideration on ## 18.09.2019, this Court passed an order which is extracted **WP(C) NO. 22236 OF 2019** 4 ## hereunder: “The learned Government Pleader, on instruction submits that Union leaders insist that only the permanent workers and those others identified by the Unions can be employed within the Estate. It is also submitted that there are four FIR's registered on the complaint of the Estate Manager. 2. The Union leaders with the help of miscreants have obstructed the employment of temporary workers coming from Tamil Nadu on a daily basis, according to the learned counsel for the petitioner. This is a practice followed for long years by the Management. The learned counsel appearing for respondents 4 and 5 submit that there is an agreement entered into between the management and the Union on 06.08.2019. The agreement speaks of only 21 permanent workers and ten temporary workers. 3. We are of the opinion that it is not for the Union to decide as to how many workers can be employed in the Estate. The permanent workers definitely cannot be denied employment. Subject to the above condition, it is directed that the management would be free to employ as many workers as they require without denying employment to the permanent workers. We will not state the specific number of the permanent workers which has to be decided after seeing the entire records. If there is any obstruction caused to the work carried on by **WP(C) NO. 22236 OF 2019** 5 the Management, the police shall afford necessary protection. Post on 03.10.2019.” 3. Thereafter the matter again came up for consideration on 11.02.2020. On that day, this Court passed the following order: The learned counsel for the respondents 4 and 5 submitted that on account of the engagement of many migrant workers, some of the regular employees engaged by the petitioner are rendered as jobless. That be so, the respondents shall state the names of such workers, who are rendered jobless. 2. In the light of the interim order passed by the Division Bench of this Court in this writ petition on 18.09.2019, the police shall ensure that no obstruction is caused to the petitioner. 3. The learned counsel for the petitioner appraised the Court about an incident occurred on 10.02.2020 wherein the migrant workers were threatened and they had to leave without any engagement by the petitioner. This Court, taking into account the gravity of the incident, hereby direct the police to ensure that no migrant workers engaged by the petitioner are obstructed by the party respondents or their associates. Post on 18.02.2020. The interim order already passed in this matter will continue till then. 4. Now the counsel for the petitioner submitted that as on now, there is no law and order problem and if there is any law **WP(C) NO. 22236 OF 2019** 6 and order problem, the petitioner will approach the police authorities and there may be a direction to the police authorities to do the needful. The Government Pleader submitted that if there is any law and order issue, the Police will do the needful. Therefore, this writ petition is disposed, retaining the interim order, with following directions: 1. If there is any law and order problem, the petitioner is free to approach the Station House Officer concerned with a complaint. 2. If such a complaint is received, the Station House Officer will do the needful in accordance to law and in terms of the interim order passed by this Court. With the above observations, this writ petition is disposed of. JV Sd/- **P.V.KUNHIKRISHNAN JUDGE** **WP(C) NO. 22236 OF 2019** 7 ## **APPENDIX OF WP(C) 22236/2019** ## **PETITIONER ANNEXURE** **EXHIBIT P1** **TRUE COPY OF JUDGMENT DATED 02.08.2018 IN WPC NO.25450 OF 2018.** - **EXHIBIT P2 TRUE COPY OF JUDGMENT DATED 31.01.2018 IN OS NO. 399 OF 2017 OF MUNSIFFS COURT, KATTAPANA.** - **EXHIBIT P3 TRUE COPY OF JUDGMENT DATED 30.03.2019 OF MUNSIFFS COURT, KATTAPANA IN OS NO.345 OF 2018.** - **EXHIBIT P4 TRUE COPY OF COMPLAINT DATED 02.10.2018 MADE BEFORE THE 3RD RESPONDENT.** - **EXHIBIT P5 TRUE COPY OF COMPLAINT DATED 14.11.2018 MADE BEFORE THE 3RD RESPONDENT.** - **EXHIBIT P6 TRUE COPY OF COMPLAINT DATED 20.11.2018 MADE BEFORE THE 3RD RESPONDENT.** - **EXHIBIT P7 TRUE COPY OF COMPLAINT DATED 24.11.2018 MADE BEFORE THE 3RD RESPONDENT.** - **EXHIBIT P8 TRUE COPY OF COMPLAINT DATED 26.11.2018 MADE BEFORE THE 3RD RESPONDENT.** - **EXHIBIT P9 TRUE COPY OF COMPLAINT DATED 20.11.2018 BY TAMIL LABORERS BEFORE THE 3RD RESPONDENT.** **EXHIBIT P9A A TRUE MALAYALAM TRANSLATION OF EXHIBIT P9.** - **EXHIBIT P10 TRUE COPY OF COMPLAINT DATED 24.11.2018 MADE BY TAMIL LABORERS BEFORE THE 3RD RESPONDENT.** **EXHIBIT P10A TRUE MALAYALAM TRANSLATION OF EXHIBIT P10.** **WP(C) NO. 22236 OF 2019** 8 - **EXHIBIT P11** **TRUE COPY OF COMPLAINT DATED 12.08.2019 MADE BEFORE THE 3RD RESPONDENT.** - **EXHIBIT P12 TRUE COPY OF FIR DATED 13.08.2019 REGISTERED BY THE 3RD RESPONDENT.** - **EXHIBIT P13** - **TRUE COPY OF THE STATEMENT DATED 13.08.2019 RECORDED BY THE 3RD RESPONDENT FROM THE COMPLAINANT.** - **EXHIBIT P14** - **TRUE COPY OF LETTER DATED 12.08.2019 RECEIVED FROM THE NATIONAL ESTATE WORKERS CONGRESS(INTUC).** - **EXHIBIT P15 A TRUE COPY OF THE RESIGNATION LETTER GIVEN BY MS. THANKKAMMA BABU.** - **EXHIBIT P16** - **A TRUE COPY OF THE YEARLY BONUS AND SERVICE PAYMENT DETAILS FOR 2018-2019.** - **RESPONDENTS EXHIBITS:** - **EXHIBIT R5(a)** **TRUE COPY OF THE MEMORANDUM OF SETTLEMENT DATED 1/06/2013 BETWEEN THE MANAGEMENT AND TRADE UNIONS.** **EXHIBIT R5(b) TRUE COPY OF THE COMPLAINT DATED 22/08/2019 FILED BY THE SECRETARY IDUKKI JILLA ESTATE MAZDOOR SANGH (BMS) BEFORE THE DEPUTY LABOUR OFFICER AT THODUPUZHA.**