NTPC LTD-92 MW FLOATING SOLAR P V PROJECT RAJIV GANDHI COMBINED CYCLE POWER PROJECT, CHOOLATHERUVU P.O., ALAPPUZHA, KERALA, PIN-690 506, REPRESENTED BY SHRI ANAND MARUTI MALAK, DY. GENERAL MANAGER (RE-SOLAR).

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **WEDNESDAY, THE 24TH DAY OF FEBRUARY 2021 / 5TH PHALGUNA, 1942** ## **WP(C).No.23333 OF 2020(N)** ## **PETITIONER:** **NTPC LTD-92 MW FLOATING SOLAR P V PROJECT RAJIV GANDHI COMBINED CYCLE POWER PROJECT, CHOOLATHERUVU P.O., ALAPPUZHA, KERALA, PIN-690 506, REPRESENTED BY SHRI ANAND MARUTI MALAK, DY. GENERAL MANAGER (RE-SOLAR).** **BY ADVS. SMT.LATHA ANAND SRI.M.N.RADHAKRISHNA MENON SRI.S.VISHNU (ARIKKATTIL)** ## **RESPONDENTS:** |**1**|**DIRECTOR GENERAL OF POLICE AND STATE POLICE**| |---|---| ||**CHIEF**| ||**KERALA, POLICE HEADQUARTERS, VAZHUTHACAUD,**| ||**THIRUVANANTHAPURAM, KERALA-695 010.**| |**2**|**DISTRICT COLLECTOR**| ||**ALAPPUZHA, IST FLOOR, CIVIL STATION,**| ||**ALAPPUZHA, PIN-688 001.**| |**3**|**DISTRICT POLICE CHIEF**| ||**ALAPPUZHA, CIVIL STATION, ALAPPUZHA, PIN-688**| ||**001.**| |**4**|**DEPUTY SUPERINTENDENT OF POLICE**| ||**KAYAMKULAM, SUB-DIVISIONAL POLICE OFFICE, NEAR**| ||**PARK JUNCTION, KAYAMKULAM, PIN-690 502.**| -2- WP(C).No.23333 OF 2020(N) - **5 C.I. OF POLICE KANAKAKUNNU POLICE STATION, KANANKAKKUNNU P.O., MAVELIKKARA, KAYAMKULAM, PIN-690 531.** - **6 S.I. OF POLICE KANAKAKUNNU POLICE STATION, KANANKAKKUNNU P.O., MAVELIKKARA, KAYAMKULAM, PIN-690 531.** - **7 PROJECT MANAGER TATA POWER SOLAR SYSTEMS LTD., FLOATING SOLAR PV (FSPV) POWER PROJECT, NTPC, CHOOLATHERUVU P.O., ALAPPUZHA, KERALA, PIN-690 506.** - **8 ASSISTANT GENERAL MANAGER BHARAT HEAVY ELECTRICALS LIMITED FLOATING SOLAR PV (FSPV) POWER PROJECT, NTPC, CHOOLATHERUVU P.O., ALAPPUZHA, KERALA, PIN690 506.** - **9 KAYAMKULAM THERMAL POWER PROJECT WORKERS ASSOCIATION (CITU) KAYAMKULAM, CHOOLATHERUVU P.O., ALAPPUZHA, KERALA, PIN-690 506, REPRESENTED BY ITS SECRETARY, SRI.VIJAYAKUMAR.** - **10 RGCCPP (NTPC) CONTRACT EMPLOYEES FEDERATION (INTUC) CHINGOLI KAYAMKULAM CHOOLATHERUVU P.O., ALAPPUZHA, KERALA, PIN690 506, REPRESENTED BY ITS SECRETARY, SRI. ASHOK KUMAR.** - **11 KAYAMKULAM THERMAL PLANT WORKER UNION (AITUC), CHOOLATHERUVU P.O., ALAPPUZHA, KERALA, PIN-690 506, REPRESENTED BY ITS SECRETARY, SRI.P.B.SUGATHAN.** - **12 KERALA CONSTRUCTION LABOUR UNION (UTUC) THRIKKUNNAPPUZHA, CHOOLATHERUVU P.O., ALAPPUZHA, KERALA, PIN-690 506, REPRESENTED BY ITS SECRETARY, SRI.P.S.JOLLY.** - **13 CONSTRUCTION AND GENERAL MAZDOOR SANGH (BMS) KARTHIKAPPALLY, CHOOLATHERUVU P.O., ALAPPUZHA, KERALA, PIN-690 506, REPRESENTED BY ITS SECRETARY, SRI.P.DINUMON.** -3- WP(C).No.23333 OF 2020(N) **14 KERALA CONSTRUCTION WORKERS UNION (AITUC), G.K. BHAVAN NANGIARKULANGARA, ALAPPUZHA, KERALA, PIN-690 513, REPRESENTED BY ITS SECRETARY, SRI. SIVANKUTTY. R1-6 BY GOVERNMENT PLEADER SRI SUNIL NATH N.B R7 BY ADV. SRI.S.VIJAYAN (THURAVOOR) R8 BY ADV. SRI.G.RAJAGOPAL R8 BY ADV. SMT.N.RENJINEE DEVI R8 BY ADV. SMT.S.LEELALAKSHMI R14 BY ADV. SRI.LIJU.V.STEPHEN R14 BY ADV. SMT.INDU SUSAN JACOB** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** -4- WP(C).No.23333 OF 2020(N) ## **JUDGMENT** The petitioner Company, which has awarded contract for Floating Solar Project for 70 MW to the 7[th] respondent and 22 MW to the 8[th] respondent, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 6 to give adequate, effective and timely police protection for the execution of that project from the obstructions caused by respondents 9 to 14, their members, allies and sympathizers and to restrain them from causing any obstructions to the ingress and egress of consignments, staff, workers, vehicles etc. to the premises of the petitioner and the project site. The petitioner has also sought for a writ of mandamus commanding respondents 1 to 6 to give adequate, effective and timely police protection to the life and person of the staff, workers, contractors, contract workers from respondents 9 to 14, their members, allies and sympathizers. The further relief sought for is a writ of mandamus commanding respondents 1 to 6 to ensure the presence of sufficient police force at the project site including the gate of NTPC Kayamkulam unit and also near the backwaters where the work is executed. In the writ petition, it -5- WP(C).No.23333 OF 2020(N) is alleged that the members of respondents 9 to 14 are causing obstruction to the construction activities demanding 'nokku kooli'. 2. On 02.11.2020, when this writ petition came up for admission, this Court issued notice before admission to the respondents. The learned Government Pleader took notice for respondents 1 to 6. Urgent notice by speed post was ordered to respondents 7 to 14. Having considered the submissions advanced and on perusing the records, this Court granted an interim order directing respondents 1 to 6 to give adequate, effective and timely police protection for the execution of the 'Floating Solar PV Project' from the obstructions caused by respondents 9 to 14, their members, allies and sympathizers and to restrain them from causing any obstructions to the ingress and egress of consignments, staff, workers, vehicles, etc. to the premises of the petitioner and the project site, for a period of four weeks. The 3[rd] respondent was directed to ensure that no obstruction is caused to the ingress and egress of the staff, the workers, vehicles and consignment to the premises of the petitioner and to the project site by -6- WP(C).No.23333 OF 2020(N) respondents 9 to 14. The said interim order, which was extended from time to time, is still in force. 3. On 21.12.2020, when the matter came up for consideration, the learned Standing Counsel for the 14[th] respondent sought time to file counter affidavit. 4. Counter affidavits have been filed by respondents 7 and 8 supporting the reliefs sought for in this writ petition. A statement has been filed by the 5[th] respondent Station House Officer. Paragraphs 11 to 14 of the said statement read thus; “11. It is true that the petition was received from the petitioner on 22.09.2020. On getting the petition, adequate police force have been deployed in front of the main gate to make sure that nobody was making any hindrance to the free ingress and egress of the employees as well as vehicular traffic. The threat incidents by the trade unions has not been brought to the notice of the 5[th] respondent by the petitioner or 7[th] or 8[th] respondents so far. The incident narrated is pertained to labour department. 12. On getting information of incidents at site, the police party rushed to the spot and disposed the mob gathered there. Nobody had brought to the notice of the police regarding the detention of employees of the 7[th] and 8[th] respondents and demand of Rs.30,000/- as compensation of damage to the fishing net. It is true -7- WP(C).No.23333 OF 2020(N) that the local people made allegation of damages to their fishing net by the employees while working on boat and other machineries through the water bodies. 13. There is a complaint about the manhandling of the petitioner and other employees of the 7[th] respondent. In this connection a crime case vide Crime no.662/2020 u/s 447, 294(b), 323, 332, 34 IPC, Crime No.663/2020 u/s 143, 147, 149, 447, 294(b), 323, 324, 342 IPC were registered at Kanakakkunnu police station against ten persons. A1 Domini A2. Abhilash & A3 Kirankumar were arrested in Cr.662/2020 and produced before the Court on 16.10.2020. In Cr.663/2020 A1. Domini A2, Abhilash A3 Samson A4 Kirankumar and A5 Sensila Bose were arrested and got bail from the police station. Both cases are charge sheeted before Hon'ble JFMC Haripad. The Hon'ble court accepted the charge sheet in file as CC 2150/20, CC 2157/20 respectively. 14. The alleged labour dispute is under consideration of the District Administration. As per the interim order of this Honourable court in W.P.(C)No.23333 of 2020 dated 02.11.2020, Police protection is being provided to the petitioner to the smooth conducting of their work.” 5. The petitioner has filed reply affidavit to the statement filed by the 5[th] respondent Station House Officer. 6. Heard the learned counsel for the petitioner, the learned Government Pleader for respondents 1 to 6, the -8- WP(C).No.23333 OF 2020(N) learned counsel for the 7[th] respondent, the learned counsel for the 8[th] respondent and also the learned counsel for the 14[th] respondent. Despite service of notice, none appears for respondents 8 to 13. 7. 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 -9- ## WP(C).No.23333 OF 2020(N) 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. 8. 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, welltrained 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." 9. 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 -10- WP(C).No.23333 OF 2020(N) 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]** . 10. 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 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 -11- ## WP(C).No.23333 OF 2020(N) 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. 11. The learned counsel for the 14[th] respondent would submit that the workers of that Union are not causing any obstruction to the construction of the project. 12. The learned counsel for the petitioner would point out that based on the complaint made by the 7[th] respondent, Crime Nos.662/2020 & 663/2020 of Kanakakunnu Police Station have already been registered by 5[th] respondent. -12- WP(C).No.23333 OF 2020(N) 13. The learned Government Pleader, on instructions, would submit that in terms of the interim order of this Court dated 02.11.2020, the 5[th] respondent Station House Officer has taken necessary steps to maintain law and order in the locality. At present, there is no law and order issues. In such circumstances, 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, at the instance of respondents 9 to 14 or their workers, in connection with the execution of 'Floating Solar PV Project'. - (ii) In case there is any law and order issue or obstruction to free ingress and egress of the staff, workers, vehicles, consignment, etc. in connection with the execution of 'Floating Solar PV Project' at the instance of respondents 9 to 14 or their workers, 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 -13- WP(C).No.23333 OF 2020(N) 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 herein before and also the law laid down in the decisions referred to supra. No order as to costs. ## **Sd/-** ## **ANIL K.NARENDRAN, JUDGE** AV/25/2 -14- WP(C).No.23333 OF 2020(N) ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF COMPLAINT DATED 22.9.2020 FILED BY M/S TATA POWER SOLAR, BEFORE THE DISTRICT COLLECTOR, ALAPPUZHA.** **EXHIBIT P2 TRUE COPY OF COMPLAINT DATED 22.9.2020 SUBMITTED BY THE PETITIONER TO THE CIRCLE INSPECTOR OF POLICE, KANAKAKUNNU.** **EXHIBIT P3 TRUE COPY OF ORDER DATED 26.9.2020 PASSED BY THE DISTRICT LABOUR OFFICER** - **EXHIBIT P4 TRUE COPY OF THE FIR REGISTERED AT THE KANAKAKUNNU POLICE STATION.** - **EXHIBIT P5 TRUE COPY OF THE FIR REGISTERED AT THE KANAKAKUNNU POLICE STATION BY M/S. TATA POWER SOLAR SYSTEMS LTD.** - **EXHIBIT P6 TRUE COPY OF THE RRESS CLIPPING-NEWS APPEARED IN THE LOCAL DAILY MATHRUBHUMI DATED 16.10.2020.** **EXHIBIT P7 TRUE COPY OF COMPLAINT DATED 19.10.2020 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, ALAPPUZHA.** **EXHIBIT P8 TRUE COPY OF COMPLAINT/REPRESENTATION DATED 27.10.2020 SUBMITTED BY THE PETITIONER BEFORE THE DIRECTOR GENERAL OF POLICE AND STATE POLICE CHIEF OF KERALA.**