M/S AMMAL AGENCIES (INDANE DISTRIBUTORS) PUTHUVACKAL, KATTAKADA, THIRUVANANTHAPURAM DISTRICT-695572 v. THE DISTRICT COLLECTOR, THE DISTRICT LABOUR OFFICER, THE DEPUTY SUPERINTENDENT OF POLICE, THE CIRCLE INSPECTOR OF POLICE, THE STATION HOUSE OFFICER, KATTAKADA POLICE STATION, AND THE THIRUVANANTHAPURAM DISTRICT VANIJYA VYAVASAYA MASDOOR SANGH (BMS)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** # **MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942** ## **WP(C).No.2765 OF 2021(U)** ## **PETITIONERS:** **1 M/S.AMMAL AGENCIES (INDANE DISTRIBUTORS) PUTHUVACKAL, KATTAKADA, KATTAKADA P.O., THIRUVANANTHAPURAM DISTRICT-695572, REPRESENTED BY ITS PROPRIETOR, SAHITHEE DEVI R.T., AGED 61 YEARS, W/O.LATE P.K.JAYACHANDRABABU, RESIDING AT 30/1000-1 KAILAS, MANCHADIMOODU, VATTIYOORKKAVU P.O., THIRUVANANTHAPURAM DISTRICT-695013. 2 SAHITHEE DEVI R.T., AGED 61 YEARS W/O.LATE P.K.JAYACHANDRABABU, RESIDING AT 30/1000-1 KAILAS, MANCHADIMOODU, VATTIYOORKKAVU P.O., THIRUVANANTHAPURAM DISTRICT-695013.** **BY ADVS. SRI.LIJU.V.STEPHEN SMT.INDU SUSAN JACOB** ## **RESPONDENTS:** |**1**|**THE DISTRICT COLLECTOR**| |---|---| ||**COLLECTORATE, CIVIL STATION, KUDAPPANAKUNNU P.O.,**| ||**THIRUVANANTHAPURAM-695043.**| |**2**|**THE DISTRICT LABOUR OFFICER,**| ||**THOZHIL BHAVAN, PMG, THIRUVANANTHAPURAM-695033.**| |**3**|**THE DEPUTY SUPERINTENDENT OF POLICE,**| ||**NEDUMANGAD POLICE STATION,**| ||**THIRUVANANTHAPURAM DISTRICT-695541.**| |**4**|**THE CIRCLE INSPECTOR OF POLICE,**| ||**KATTAKADA POLICE STATION,**| ||**THIRUVANANTHAPURAM DISTRICT-695572.**| WP(C).No.2765 OF 2021(U) 2 - **5 THE STATION HOUSE OFFICER, KATTAKADA POLICE STATION, THIRUVANANTHAPURAM DISTRICT-695572.** - **6 MR.VINOD.V, AGED 33 YEARS S/O.VIJAYAN, RESIDING AT VINOD BHAVAN, ELAMPLANJIVEEDU, KAVINPURAM, CHAMAVILA, POOVACHAL P.O., THIRUVANANTHAPURAM DISTRICT695575.** - **7 MR.SOMARAJAN.T., AGED 47 YEARS** **S/O.THANKAPPAN, VARIPPARAKUZHI VEEDU, VATTAKAITHA, KATTAYKKODU P.O., KATTAKADA, THIRUVANANTHAPURAM DISTRICT-695572.** - **8 MR.V.VIJESH, AGED 35 YEARS** - **S/O.VIJAYAN, PANAVILAKAM ROADARIKATHU VEEDU, VINAYAKA NAGAR, ARYANADU-695542, THIRUVANANTHAPURAM DISTRICT.** - **9 K.JAYAKUMAR,** **GENERAL SECRETARY, THIRUVANANTHAPURAM DISTRICT VANIJYA VYAVASAYA MASDOOR SANGH (BMS), REG.NO.55/82, THALIYAL ROAD, KARAMANA, THIRUVANANTHAPURAM DISTRICT-695002.** **R1-R5 BY GOVERNMENT PLEADER SRI SUNIL NATH N.B. R6-R9 BY ADV. SRI.M.R.SASITH** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C).No.2765 OF 2021(U) 3 ## **JUDGMENT** The 1[st] petitioner, who is the proprietary concern engaged in the distribution of Liquefied Petroleum Gas of Indian Oil Corporation and the 2[nd] petitioner, who is its proprietor, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 3 to 5 to grant adequate police protection to the life of the 2[nd] petitioner and her employees and also for the proper functioning of the establishment without any hindrance or obstruction from respondents 6 to 9 or any other person under them. The petitioners have also sought for a writ of mandamus commanding respondents 3 to 5 to consider Exts.P15 and P16 representations and to take appropriate action in accordance with law. Going by the averments in the writ petition, there are certain disputes between the petitioners and respondents 6 to 8, against whom disciplinary proceedings have already been initiated. They are placed under suspension. The 9[th] respondent is the General Secretary of their trade union. Alleging obstruction and illegal acts from the side of respondents 6 to 8, the 2[nd] petitioner submitted Exts.P15 complaint dated 20.01.2021 before the 3[rd] respondent and Ext.P16 complaint WP(C).No.2765 OF 2021(U) 4 dated 20.01.2021 before the 4[th] respondent, and thereafter moved this writ petition before this Court seeking the aforesaid reliefs. 2. On 03.02.2021, when this writ petition came up for admission, the learned Government Pleader took notice on admission for respondents 1 to 5. Urgent notice on admission by special messenger was ordered to respondents 6 to 9, returnable by 11.02.2021. Having considered the pleadings and materials on record and also the submissions made by the learned counsel on both sides, this Court granted an interim order directing the 4[th] respondent to ensure that there is no threat to law and order in the locality, at the instance of respondents 6 to 9 and their supporters. 3. Along with the memo filed by the learned Government Pleader, statement of the 5[th] respondent Station House Officer is placed on record. 4. Heard the learned counsel for the petitioner, the learned Government Pleader appearing for respondents 1 to 5 and also the learned counsel for respondents 6 to 9. 5. The Kerala Police Act, 2011 is enacted to consolidate and amend the law relating to the establishment, regulation, powers and duties of the Police Force in the State of Kerala and for matters WP(C).No.2765 OF 2021(U) 5 connected therewith and incidental thereto. Chapter II of the Act deals with duties and functions of Police. Section 3 of the Act deals with general duties of Police. As per Section 3, the Police, as a service functioning category among the people as part of the administrative system shall, subject to the Constitution of India and the laws enacted thereunder, strive in accordance with the law, to ensure that all persons enjoy the freedoms and rights available under the law by ensuring peace and order, integrity of the nation, security of the State and protection of human rights. Section 4 of the Act deals with functions of Police. As per Section 4, the Police Officers shall, subject to the provisions of the Act, perform the functions enumerated in clauses (a) to (s) of Section 4. As per clause (a), the Police Officers shall enforce the law impartially; and as per clause (b), the Police Officers shall protect the life, liberty, property, human rights and dignity of all persons in accordance with the law. 6. Lord Denning in 'The Due Process of law' [First Indian Reprint 1993, Page 102] has described the role of the Police thus; "In safeguarding our freedoms, the police play vital role. Society for its defence needs a well-led, well-trained and well-disciplined force or police whom it can trust, and WP(C).No.2765 OF 2021(U) 6 enough of them to be able to prevent crime before it happens, or if it does happen, to detect it and bring the accused to justice. The police, of course, must act properly. They must obey the rules of right conduct. They must not extort confessions by threats or promises. They must not search a man's house without authority. They must not use more force than the occasion warrants." 7. In **Manohar Lal Sharma v. Principal Secretary** **[(2014) 2 SCC 532]** the Apex Court held that, one of the responsibilities of the police is protection of life, liberty and property of citizens. The investigation of offences is one of the important duties the police has to perform. The aim of investigation is ultimately to search for truth and bring the offender to the book. The Apex Court reiterated the said principle in **Ankush Maruti Shinde v. State of Maharashtra [(2019) 15 SCC 470]** . 8. In **Gujarat Steel Tubes Ltd. Vs. Gujarat Steel Tubes Mazdoor Sabha [(1980) 2 SCC 593]** the Apex Court held that, the right to unionise, the right to strike as part of collective bargaining and subject to the legality and humanity of the situation, the right of the weaker group viz. labour, to pressure the stronger party viz. capital, to negotiate and render justice, are WP(C).No.2765 OF 2021(U) 7 processes recognised by industrial jurisprudence and supported by Social Justice. While society itself, in its basic needs of existence, may not be held to ransom in the name of the right to bargain and strikers must obey civilised norms in the battle and not be vulgar or violent hoodlums industry, represented by intransigent Managements, may well be made to reel into reason by the strike weapon and cannot then sequeal or wail and complain of loss of profits or other ill-effects but must negotiate or get a reference made. The broad basis is that workers are weaker although they are the producers and their struggle to better their lot has the sanction of the rule of law. Unions and strikers are no more conspiracies than professions and political parties, are, and being far weaker, need succour. Part IV of the Constitution, read with Article 19, sows the seed of this burgeoning jurisprudence. The Gandhian quote at the beginning of the judgment [Para.5 @ Page 603 SCC] sets the tone of economic equity in industry. Of course, adventurist, extremist, extraneously inspired and puerile strike, absurdly insane persistence and violent or scorched earth policies boomerang and are anathema for the law. Within these parameters the right to strike is integral to collective bargaining. WP(C).No.2765 OF 2021(U) 8 9. The grievance of the petitioner is the obstruction alleged to have caused by respondents 6 to 8, in the distribution of LPG. Respondents 6 to 8, the employees of the 1[st] petitioner, are placed under suspension and the 9[th] respondent is the General Secretary of their trade union. 10. The learned counsel for respondents 6 to 9 would submit that respondents 6 to 8 or the members of the 9[th] respondent union have absolutely no intention to take law into their hands or to cause any obstruction to the smooth functioning of the petitioners' establishment. 11. The learned Government Pleader, on instructions, would submit that after the order of this Court dated 03.02.2021, there is no law and order issues. Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of with the following directions: - (i) The 5[th] respondent shall take necessary steps to ensure that there is no threat to law and order in the locality on account of any protest or agitation made by respondents 6 to 9 or their supporters. WP(C).No.2765 OF 2021(U) 9 (ii) In case there is any threat to the life of the 2[nd] petitioner or the workers engaged by her from the side of respondents 5 to 9 or their supporters, the petitioner shall move the 5[th] respondent Station House Officer with a request for Police protection. (iii) In case any such request for Police protection is made by the petitioner, the 5[th] respondent shall take necessary action on that request, without any delay, taking note of the statutory provisions referred to hereinbefore and also the law laid down in the decisions referred to supra. No order as to costs. ## **Sd/-** ## **ANIL K.NARENDRAN** JV **JUDGE** WP(C).No.2765 OF 2021(U) 10 ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE AGREEMENT DATED 25.01.2006 ENTERED BETWEEN THE 2ND PETITIONER AND THE INDIAN OIL CORPORATION LTD.** **EXHIBIT P2 A TRUE COPY OF THE NOTICE DATED 01.04.2015 ISSUED BY THE 1ST PETITIONER. EXHIBIT P3 A TRUE COPY OF THE TEMPLATE OF THE BILL ISSUED BY THE 1ST PETITIONER DATED NIL.** **EXHIBIT P4 A TRUE COPY OF THE NOTICE DATED 14.07.2016 ISSUED BY THE 1ST PETITIONER AGENCIES.** **EXHIBIT P5 A TRUE COPY OF THE NOTICE DATED 09.11.2018 ISSUED BY THE 1ST PETITIONER AGENCIES.** **EXHIBIT P6 A TRUE COPY OF THE COMMENT POSTED BY ONE OF THE CUSTOMER OF THE 1ST PETITIONER IN A SOCIAL MEDIA PLATFORM DATED 15.01.2021. EXHIBIT P7 A TRUE COPY OF THE NOTICE DATED 10.12.2020 ISSUED TO THE 6TH RESPONDENT BY THE 1ST PETITIONER AGENCIES. EXHIBIT P8 A TRUE COPY OF THE NOTICE DATED 10.12.2020 ISSUED TO THE 7TH RESPONDENT BY THE 1ST PETITIONER AGENCIES.** - **EXHIBIT P9 A TRUE COPY OF THE NOTICE DATED 10.12.2020 ISSUED TO THE 8TH RESPONDENT BY THE 1ST PETITIONER AGENCIES.** **EXHIBIT P10 A TRUE COPY OF THE NOTICE DATED 10.12.2020 ISSUED BY THE 1ST PETITIONER AGENCIES TO ONE MR.RATHEESH (DELIVERY BOY).** **EXHIBIT P11 A TRUE COPY OF THE SUSPENSION ORDER ISSUED BY THE 1ST PETITIONER TO THE 6TH RESPONDENT DATED 18.01.2021.** WP(C).No.2765 OF 2021(U) 11 **EXHIBIT P12 A TRUE COPY OF THE SUSPENSION ORDER ISSUED BY THE 1ST PETITIONER TO THE 7TH RESPONDENT DATED 19.01.2021.** **EXHIBIT P13 A TRUE COPY OF THE SUSPENSION ORDER ISSUED BY THE 1ST PETITIONER TO THE 8TH RESPONDENT DATED 19.01.2021.** - **EXHIBIT P14 A TRUE COPY OF THE GOVERNMENT ORDER DATED 28.06.2019 ISSUED BY THE FOOD AND CIVIL SUPPLIES DEPARTMENT.** - **EXHIBIT P15 A TRUE COPY OF THE REPRESENTATION DATED 20.01.2021 MADE BY THE 2ND PETITIONER TO THE 3RD RESPONDENT ALONG WITH THE ACKNOWLEDGEMENT RECEIPT.** **EXHIBIT P16 A TRUE COPY OF THE REPRESENTATION DATED 20.01.2021 MADE BY THE 2ND PETITIONER TO THE 4TH RESPONDENT ALONG WITH THE ACKNOWLEDGEMENT RECEIPT.** |**EXHIBIT P16**|**A TRUE COPY OF THE REPRESENTATION DATED**<br>**20.01.2021 MADE BY THE 2ND PETITIONER TO**<br>**THE 4TH RESPONDENT ALONG WITH THE**<br>**ACKNOWLEDGEMENT RECEIPT.**| |---|---| |**EXHIBIT P17**|**A TRUE COPY OF THE POSTAL RECEIPTS WITH**| ||**REGARD TO THE REPRESENTATIONS SENT TO THE**| ||**RESPONDENTS NO.1 AND 2 BY THE 1ST**| ||**PETITIONER AGENCY.**|