M/S. GREEN LINE EXPRESS v. DISTRICT POLICE CHIEF, CIVIL STATION, ALAPPUZHA; STATION HOUSE OFFICER, PUNNAPRA POLICE STATION, ALAPPUZHA; DISTRICT LABOUR OFFICER, CIVIL STATION, ALAPPUZHA; THIRUVANANTHAPURAM REGIONAL CO-OPERATIVE MILK PRODUCERS UNION LIMITED (MILMA); ALAPPUZHA DISTRICT MOTOR WORKERS UNION (CITU), MILMA UNIT; ALAPPUZHA JILLA KSHEERA VYAVASAYA MAZDOOR SANGH (BMS MILMA UNIT)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942** ## **W.P.(C) No.4859 OF 2021(F)** ## **PETITIONER:** **M/S. GREEN LINE EXPRESS, NO.3 PM COMPLEX, CHANDRANAGAR BYE-PASS, CHANDRANAGAR P.O., PALAKKAD-678 007 REPRESENTED BY ITS MANAGER BENNY P.J.** **BY ADVS. SRI.G.HARIHARAN SRI.PRAVEEN.H. SMT.K.S.SMITHA SRI.V.R.SANJEEV KUMAR** ## **RESPONDENTS:** - **1 THE DISTRICT POLICE CHIEF, CIVIL STATION, ALAPPUZHA-688 001.** - **2 STATION HOUSE OFFICER, PUNNAPRA POLICE STATION, PUNNAPRA, ALAPPUZHA-688 004.** - **3 DISTRICT LABOUR OFFICER, CIVIL STATION, ALAPPUZHA-688 001.** - **4 THIRUVANANTHAPURAM REGIONAL CO-OPERATIVE MILK PRODUCERS UNION LIMITED (MILMA), KSHEERA BHAVAN, PATTOM, THIRUVANANTHAPURAM-695 014 REPRESENTED BY ITS MANAGING DIRECTOR.** - **5 ALAPPUZHA DISTRICT MOTOR WORKERS UNION (CITU), MILMA UNIT, PUNNAPRA, ALAPPUZHA DISTRICT-688 004 REPRESENTED BY ITS CONVENOR MR. GOPAKUMAR P.G.** - **6 ALAPPUZHA JILLA KSHEERA VYAVASAYA MAZDOOR SANGH, (BMS) MILMA UNIT, PUNNAPRA, ALAPPUZHA DISTRICT-688 004 REPRESENTED BY ITS GENERAL SECRETARY MR. P.YASODHARAN.** W.P.(C) No.4859 OF 2021(F) -2- **R1-R3 SRI.SUNIL NATH N.B.,GOVERNMENT PLEADER R5-R6 BY ADV. SHRI.C.S.AJITH PRAKASH R5-R6 BY ADV. SHRI.T.K.DEVARAJAN R5-R6 BY ADV. SRI.PAUL C THOMAS R5-R6 BY ADV. SHRI.BABU M. R5-R6 BY ADV. SHRI.NIDHIN RAJ VETTIKKADAN R5-R6 BY ADV. SRI.HAARIS MOOSA R5-R6 BY ADV. SMT.DEVYANI R5-R6 BY ADV. SMT.NIKHITA ANN REBELLO R5-R6 BY ADV. SHRI.ADESH JOSHI** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.4859 OF 2021(F) -3- ## **JUDGMENT** The petitioner, who had entered into two contracts with the 4[th] respondent Thiruvananthapuram Regional Co-operative Milk Producers' Union Limited (MILMA), as evidenced by Exts.P1 and P2 work orders dated 21.01.2021, regarding transportation of milk in tanker lorries from Mannar P&I unit of MILMA using stainless steel tanker lorries, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 and 2 to provide proper and adequate police protection to the petitioner and his workers, in connection with the performance of contract on the strength of Exts.P1 and P2 work orders, from any threat made by respondents 5 and 6 and their men. In the writ petition, it is alleged that the members of respondents 5 and 6 Unions are causing obstruction to the transportation work undertaken by the petitioner on the strength of Exts.P1 and P2 work orders. The petitioner submitted Ext.P11 representation dated 01.02.2021 before the 1[st] respondent District Police Chief and Ext.P12 representation dated 01.02.2021 before the 2[nd] respondent Station House Officer and thereafter, moved this writ petition seeking the aforesaid relief. W.P.(C) No.4859 OF 2021(F) -4- 2. On 24.02.2021, when this writ petition came up for admission, the learned Government Pleader took notice on admission for respondents 1 to 3. The learned Standing Counsel took notice on admission for the 4[th] respondent. Urgent notice by special messenger was ordered to respondents 5 and 6, returnable by 03.03.2021. The learned Government Pleader was directed to get instructions. 3. A statement has been filed by the 2[nd] respondent Station House Officer. 4. Respondents 5 and 6 have also filed counter affidavit, opposing the reliefs sought for in this writ petition. The document marked as Ext.R6(b) is a letter dated 28.02.2021 of the 5[th] respondent Union, addressed to the Manager of the 4[th] respondent establishment, raising certain labour issues. A copy of Ext.R6(b) has already been forwarded to the 3[rd] respondent District Labour Officer. Now conciliation proceedings are pending before the said respondent. 5. Heard the learned counsel for the petitioner, the learned Government Pleader appearing for respondents 1 to 3, the learned Standing Counsel for the 4[th] respondent and also the learned W.P.(C) No.4859 OF 2021(F) -5- counsel for respondents 5 and 6. 6. 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 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. W.P.(C) No.4859 OF 2021(F) -6- ## 7. 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 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." 8. 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]** . 9. In **Raghavan v. Superintendent of Police [1998 (2) KLT 732]** , in the context of the Section 21 of of the Kerala Headload Workers Act, 1978 and Rule 15 of the Kerala Headload W.P.(C) No.4859 OF 2021(F) -7- Workers Rules, 1981, which deals with settlement of disputes, a Full Bench of this Court held that, the Act and the Rules provide for a machinery for settlement of disputes between the employer and the worker. In the normal course, the dispute between the employer and the headload workers employed by him are to be settled in accordance with the machinery thus provided under the Statute, just like in the case of any other labour dispute being settled in accordance with the provisions contained under the relevant Statutes. But the fact that there is a machinery provided under the Act to settle the disputes between the parties cannot stand in the way of the employer seeking police protection when there is a law and order problem. When such an employer approaches this Court under Article 226 of the Constitution of India seeking protection of person and property of the employer as well as willing workers, this Court will be justified in granting direction to the police to give protection, if circumstances so warrant. One such consideration can be irreparable injury that would be suffered by the employer and/or the willing workers. There may be other circumstances also which would justify grant of such direction in the facts of a particular case. 10. During the course of arguments, the specific stand taken W.P.(C) No.4859 OF 2021(F) -8- by respondents 5 and 6 is that the members of those Unions have absolutely no intention to take law into their own hands and any protest or agitation by those workers will be in a democratic manner, without causing any obstruction whatsoever to the transportation of milk undertaken by the petitioner, on the strength of Exts.P1 and P2 work orders. 11. The learned Government Pleader, on instructions from the 2[nd] respondent Station House Officer, would submit that at present there is no law and order issues and in case there is any obstruction to the transportation of milk, the 2[nd] respondent shall render necessary police protection, in order to maintain law and order. 12. The learned counsel for the petitioner would submit that the petitioner shall co-operate with the conciliation proceedings, which is now pending before the 3[rd] respondent District Labour Officer. 13. Having considered the pleadings and materials on record and also the submissions made by the learned counsel on both sides, this Court finds that there is labour dispute between the petitioner and the members of the 5[th] respondent Union in W.P.(C) No.4859 OF 2021(F) -9- connection with transportation of milk from Mannar P&I unit of MILMA. That dispute is now pending conciliation before the 3[rd] respondent District Labour Officer. In the above circumstances, this writ petition is disposed of with the following directions; i) The 2[nd] respondent Station House Officer shall take necessary steps to ensure that there is no threat to law and order in the locality, at the instance of respondents 5 and 6 Unions and their members, in connection with transportation of milk from Mannar P&I unit of MILMA, on the strength of Exts.P1 and P2 work orders. ii) In case there is any threat to the life of the petitioner or his workers, at the instance of respondents 5 and 6 and their men, the petitioner shall move the 2[nd] respondent Station House Officer, with a proper request for police protection. iii) In case any such request for Police protection is made by the petitioner, the 2[nd] 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. Sd/- **ANIL K. NARENDRAN JUDGE** bpr W.P.(C) No.4859 OF 2021(F) -10- ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** |**EXHIBIT P1**|**TRUE COPY OF THE WORK ORDER**| |---|---| ||**NO.132/TRU/P&I/MRC/2020-2754 DATED**| ||**21.1.2021 ISSUED BY THE 4TH RESPONDENT**| ||**IN FAVOUR OF THE PETITIONER.**| |**EXHIBIT P2**|**TRUE COPY OF THE WORK ORDER**| ||**NO.132/TRU/P&I/MRC/2020-2755 DATED**| ||**21.1.2021 ISSUED BY THE 4TH RESPONDENT**| ||**IN FAVOUR OF THE PETITIONER.**| |**EXHIBIT P3**|**TRUE COPY OF THE WORK ORDER ISSUED BY**| ||**THE MALABAR REGIONAL CO-OPERATIVE MILK**| ||**PRODUCERS UNION LIMITED (MILMA),**| ||**PALAKKAD DIARY IN THE NAME OF THE**| ||**PETITIONER ON 10.4.2017 VIDE SANCTION**| ||**LETTER NO.MRU/PRDN/TRN-PKD/2017-18/518.**| |**EXHIBIT P4**|**TRUE COPY OF THE JUDGMENT MADE IN WPC**| ||**NO.18053/2017 BY THIS HON'BLE COURT ON**| ||**13.6.2017.**| |**EXHIBIT P5**|**TRUE COPY OF THE COMMUNICATION DATED**| ||**21.1.2021 SENT BY THE 5TH RESPONDENT**| ||**ADDRESSED TO THE PETITIONER.**| |**EXHIBIT P6**|**TRUE COPY OF THE COMMUNICATION DATED**| ||**21.1.2021 SENT BY THE 6TH RESPONDENT**| ||**ADDRESSED TO THE PETITIONER.**| |**EXHIBIT P7**|**TRUE COPY OF THE DRIVING LICENCE**| ||**NO.29/1131/1993 DATED 18.5.2018 ISSUED**| ||**IN THE NAME OF MR.R.REGIKUMAR, PALLICKAL**| ||**WHICH IS VALID UPTO 19.4.2023.**| |**EXHIBIT P8**|**TRUE COPY OF THE DRIVING LICENCE**| ||**NO.7/2897/1983 DATED 20.8.2019 ISSUED IN**| ||**THE NAME OF MR.M.P.JOSE, KOCHI WHICH IS**| ||**VALID UPTO 18.8.2024.**| |**EXHIBIT P9**|**TRUE COPY OF THE REGISTRATION DETAILS OF**| ||**VEHICLE BEARING REGISTRATION NO.KL-09AD-**| ||**2200.**| -11- ## W.P.(C) No.4859 OF 2021(F) **EXHIBIT P10 TRUE COPY OF THE REGISTRATION DETAILS OF VEHICLE BEARING REGISTRATION NO.KL-09AD2929.** **EXHIBIT P11 TRUE COPY OF THE REQUEST MADE BY THE PETITIONER BEFORE THE IST RESPONDENT SEEKING POLICE PROTECTION ON 1.2.2021.** **EXHIBIT P12 TRUE COPY OF THE REQUEST MADE BY THE PETITIONER BEFORE THE 2ND RESPONDENT SEEKING POLICE PROTECTION ON 1.2.2021.** **EXHIBIT P13 TRUE COPY OF THE NOTICE DATED 1.3.2021 ISSUED BY THE 5TH RESPONDENT ADDRESSED TO THE PETITIONER.** **EXHIBIT P14 TRUE COPY OF THE COMMUNICATION DATED 1.3.2021 SEND BY THE 5TH RESPONDENT ADDRESSED TO THE 3RD RESPONDENT** **RESPONDENTS' EXHIBITS:** **EXHIBIT R6(A) A TRUE COPY OF THE CONTRACT ARRIVED AT BETWEEN THE UNION AND CONTRACTOR IN PUNNAPPRA MILMA UNIT DATED 27.02.2021.** **EXHIBIT R6(B) A TRUE COPY OF THE DISPUTE RAISED BY THE UNION BEFORE THE MANAGER P & I, WITH COPY TO THE DISTRICT LABOUR OFFICER DATED 28.02.2021.**