M/S Royal Infraconstru Ltd vs The Station House Officer

Kerala High Court

M/S Royal Infraconstru Ltd vs The Station House Officer on 23 May, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
         THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                          WP(C) NO. 17676 OF 2024
PETITIONER:

              M/S ROYAL INFRACONSTRU LTD.
              BUILDING NO.13/379, THAYYATHUSIVADAM, KUMBALAM,
              ERNAKULAM. REPRESENTED BY THE PROJECT MANAGER AND
              AUTHORISED SIGNATORY MR.BARADA PRASAD BALABANTARAY, PIN -
              682506
              BY ADVS.
              BINOY VASUDEVAN
              P.MURALEEDHARAN (IRIMPANAM)
              K.V.RAJESWARI
              SREEJITH SREENATH
              P.SREEKUMAR (THOTTAKKATTUKARA)


RESPONDENTS:

     1        THE STATION HOUSE OFFICER
              PANANGAD POLICE STATION,PANANGAD, PIN - 682036
     2        KUMABLAM MEKHALA SECTRETARY OF CITU
              BY NAME SRI.V.K.SANU, SON OF V.A.KUMARAN, 219,
              VADAKKANATTU HOUSE, NORTH KUMBALAM, PIN - 682506
     3        AREA SECRETARY OF INTUC
              BY NAME SRI.JOLLY,POVETHIL HOUSE,KUMBALAM, PIN - 682506
     4        SRIJITH PARAKKAD
              PARAKKAD HOUSE,KUMBALAM, PIN - 682506
     5        SURESH
              VADAKKECHITTAYIL, KUMBALAM, PIN - 682506
     6        HARSHAD ALI
              ARAYANTHAR HOUSE, NETTOOR REPRESENTATIVE OF SDPI UNION,
              PIN - 682040
     7        ALTHAF PUTHEZHATH
              PUTHEZHATH HOUSE,KUMBALAM, PIN - 682506
              BY ADVS.
              SATHEESH N
              T.M.RAMAN KARTHA
              P.K.IBRAHIM
              MANJULA NAIR(M-455)
              REVATHY M.A.(K/001160/2022)
     WP(C) NO. 17676 OF 2024
                                  2

           SNEHA BRIGIT PRINCE(K/282/2023)
           GREESHMA T.G.(K/002281/2022)
           PRIYA CAROL(K/000112/2019)
           K.P.AMBIKA(A-656)
           ZEENATH P.K.(K/001999/2023)
           JABEENA K.M.(K/002008/2023)
           ANAZ BIN IBRAHIM(K/2796/2023)




           SMT.REKHA C.NAIR, SENIOR G.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17676 OF 2024
                                 3

                           JUDGMENT

The petitioner is stated to be a company registered under the Companies Act, 1956 and that they have now been engaged by the Southern Railway to complete certain works, including that of bridges. They say that they are engaging their own workers, in compliance with the provisions of all applicable Statutes and Regulations; but are now being obstructed, even violently, by members of respondents 2 to 7 Unions, making untenable claims, including that they and their members alone should be engaged for the said works.

2. The petitioner argue that the afore demands are wholly untenable and contrary to law; and therefore, that they preferred Ext.P2 complaint before the police seeking protection, which however, has not evoked sufficient response; thus constraining them to approach this WP(C) NO. 17676 OF 2024 4 Court through this writ petition.

3. Interestingly, in response to the afore submissions of Smt.K.V.Rajeswari - learned counsel for the petitioner, Sri.N.Satheesan - learned counsel for the 2nd respondent, submitted that his client has not and will not obstruct any activity of the petitioner, particularly because their members are already being engaged by them.

4. Sri.Raman Kartha - learned counsel appearing for respondents 4 and 5, however, argued that this Writ Petition is premature and unnecessary because, his clients have raised complaints before the competent Authorities, manifest from Ext.R4(c), notice, alleging that the petitioner is not registered under the provisions of the Building and other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 ("Act" for short), nor are WP(C) NO. 17676 OF 2024 5 they engaging persons who have obtained registration under the same. He submitted that the competent Authority has already taken cognizance of the said complaint, as is evident from Ext.R4(c); and that it is immediately after being called for hearing, that the petitioner has approached this Court and attempted to obtain orders, but without participating in it. He thus prayed that this writ petition be dismissed.

5. Sri.P.K.Ibrahim - learned counsel for the 6th respondent, adopted the afore submissions of Sri.Raman Kartha and supplemented it saying that the petitioner is acting illegally, by continuing with the work without obtaining a registration under the 'Act'. He relied upon Section 2(1)(j) of the 'Act' to argue that the establishment of the petitioner is one that comes within its ambit; and contented that, therefore, without having obtained registration under Rules 23 and WP(C) NO. 17676 OF 2024 6 26 of the Building and other Construction Workers (Regulation of Employment and Conditions of Service) Central Rules, 1998, they cannot continue with the work. He also, therefore, prayed that this writ petition be dismissed.

6. Smt.Rekha C.Nair - learned Senior Government Pleader, in response, submitted that the police have already taken cognizance of the petitioner's complaint and have intervened in the matter, to ensure that neither they, or their workers, are subjected to any criminal threat or intimidation from any person, including the party respondents. He submitted that, however, the Police cannot enter into the merits of the disputes between the parties and that these are matters that may have to be resolved by them through the alternative Forums, or before the appropriate Authorities.

WP(C) NO. 17676 OF 2024 7

7. I have no doubt that the afore stand adopted by the Police is the most apposite in the given circumstances because, if, as stated by some of the party respondents, the petitioner is acting in violation of law, then the remedy for them is to approach the competent Authorities, which, at least one of them appear to have done, as luculent from Ext.R4(b). As I have said above, the specific argument of Sri.Raman Kartha, representing respondents 4 and 5, is that it is only after Ext.R4(c) notice was issued, that the petitioner has approached this Court, but without participating in the hearing. But, this again, is a matter they will have to impel before the competent Authority and obtain necessary orders.

8. To paraphrase, be it for any reason, no one can be allowed to take law into their own hands or to commit any action in violation of law, whatever be the provocation or compulsion. WP(C) NO. 17676 OF 2024 8 In a democratic society like ours, governed by a very vibrant Constitution, the parties will have to take recourse to law, as is available to them, without indulging in violent activity. In the afore circumstances, I allow this writ petition and direct the 1st respondent - Station House Officer to ensure that law and order is always maintained and none of the parties are allowed to take law into their own hands. A continuous vigil to ensure the compliance of the afore directions will be maintained by the said Authority and any violation thereof will be dealt with, to the fullest warrant of law. As far as respondents 3 to 7 are concerned, I leave them full liberty to invoke and pursue every remedy available to them, including qua their allegations that the petitioner is acting illegally; and clarify that if any of the WP(C) NO. 17676 OF 2024 9 competent Authorities or Courts are to issue any orders/proceedings, the same shall be adhered to by the petitioner and also by the parties.

Coming to the 2nd respondent, I record the submissions of Sri.N.Satheesh that they are not causing any obstruction and that their members are already being engaged by the petitioner.

This writ petition is ordered accordingly.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 17676 OF 2024 10 APPENDIX OF WP(C) 17676/2024 PETITIONER'S EXHIBITS :

Exhibit P1 TRUE COPY OF THE LETTER OF ACC EPTANCE DATED 14.02.2024 ISSUED BY SOUTHERN RAILWAY Exhibit P2 COPY OF THE PETITION DATED 8TH DAY OF MAY 2024 ALONG WITH THE ACKNOWLEDGEMENT ISSUED BY THE OFFICE OF THE IST RESPONDENT Exhibit P3 COPY OF JUDGMENT IN WP(C) NO.13529 OF 2015 DATED 3RD JUNE 2015 Exhibit P4 COPY OF JUDGMENT IN WPC NO.28310 OF 2014 DATED 19TH NOVEMEBER,2014 RESPONDENTS' EXHIBITS:

Exhibit R4(a) True copy of the Certificate of Affiliation of the Trade Union with the INTUC dt. 15.10.2017 Exhibit R4(b) True copy of the letter dt. 2.5.2024 so given by the General Secretary of the Ernakulam District Construction and Allied Workers Union (INTUC) Exhibit R4(c) True copy of the Notice dt. 8.05.2024 issued by the Deputy Labour Officer regarding the Conciliation Meeting Exhibit R4(d) List of the workers in Kumbalam, who are having registration with the Kerala Construction Workers Welfare Fund Board, dt.

21.05.2024