Kerala High Court
Alkem Laboratories Limited vs State Of Kerala on 7 April, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA,
1943
WP(C).No.6973 OF 2021(V)
PETITIONER :
ALKEM LABORATORIES LIMITED
REGD.OFF.ALKEM HOUSE, SENAPATI BAPAT MARG,
LOWER PAREL(WEST), MUMBAI - 400013,
REPRESENTED BY ITS DEPUTY GENERAL MANAGER-HR,
MR. ATUL C. PARAB.
BY ADVS.
SRI.THOMAS J.ANAKKALLUNKAL
SRI.P.BENNY THOMAS
SHRI.ABEL TOM BENNY
SMT.MARIA PAUL
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY HOME SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
2 CITY POLICE COMMISSIONER
ERNAKULAM CITY, OFFICE OF THE COMMISSIONER OF
POLICE, KOCHI - 682011.
3 THE STATION HOUSE OFFICER,
CENTRAL POLICE STATION, OLD RAILWAY STATION
ROAD, NEAR, HIGH COURT ROAD, ERNAKULAM -
682018.
4 THE STATION HOUSE OFFICER
ELAMAKKARA POLICE STATION, THANIKKAL KEERTHI
NAGAR ROAD, KEERTHI NAGAR, MAMANGALAM,
ELAMAKKARA, ERNAKULAM - 682026.
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WP(C).No.6973 OF 2021(V)
5 THE STATION HOUSE OFFICER
THRIKKAKARA POLICE STATION, THRIKKAKARA,
ERNAKULAM - 682030.
6 THE STATION HOUSE OFFICER,
PALARIVATTOM POLICE STATION, CIVIL LINE ROAD,
OPPOSITE PALARIVATTOM BUS STOP, PALARIVATTOM
JUNCTION, PALARIVATTOM, ERNAKULAM - 682025
7 THE STATION HOUSE OFFICER
MARADU POLICE STATION, P.A. ULLAHAN ROAD,
NEAR GOVT.VHSS, MARADU, KOCHI - 682304.
8 THE STATION HOUSE OFFICER
NORTH TOWN POLICE STATION, CHITTOOR ROAD, OPP
SIB BANK, KACHERIPADY, ERNAKULAM - 682018.
9 THE STATION HOUSE OFFICER
PALLURUTHY POLICE STATION, NADAKADAVU ROAD,
PALLURUTHY, KOCHI - 682005.
10 KERALA MEDICAL AND SALES REPRESENTATIVE
ASSOCIATION (KMSRA)
BTR BHAWAN, CEMENTERY JUNCTION, CHITOOR ROAD,
ERNAKULAM - 682018, REPRESENTED BY ITS
GENERAL SECRETARY, MR. MOHAN C. NAIR.
R1 TO 9 BY SRI SUNIL NATH N.B- GOVERNMENT
PLEADER
R10 BY SRI S.KRISHNAMOORTHY-STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.04.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C).No.6973 OF 2021(V)
JUDGMENT
The petitioner has filed this writ petition under Article
226 of the Constitution of India, seeking a writ of mandamus
commanding respondents 2 to 9 to afford adequate and
effective protection for smooth functioning of the business
activities of the petitioner Company and to ensure peaceful
working atmosphere for the Managers of the petitioner
Company; and adequate protection for the property/products
of the petitioner Company without any disturbance, hindrance,
obstruction or threats from the 10th respondent and its
members or any other person/persons on their behalf. The
petitioner has also sought for a direction to respondents 2 to 9
to act on the complaints submitted by the petitioner Company
and to take appropriate action against the 10 th respondent and
their members whenever the illegal and unlawful activities
committed by them are reported to respondents 2 to 9 and
also to ensure that the petitioner carries on its business
activities without any disturbance or obstruction by the 10 th
respondent, its members or any person on their behalf. In the
writ petition, it is alleged that seeking withdrawal of the order
of transfer of Sri.K.V.Krishna Kumar and others and also
WP(C).No.6973 OF 2021(V)
withdrawal of the order of termination of other medical
representatives, the 10th respondent association and its
members are obstructing the Managers of the petitioner
Company from performing their field visits. On various
occasions, when the Managers visited hospitals, the members
of the 10th respondent association appeared there in large
numbers and abused them and threatened them with dire
consequences. In such circumstances, the petitioner
submitted Exts.P2, P4 and P17 complaints dated 01.03.2021,
02.03.2021 and 09.03.2021 respectively before the 3 rd
respondent Station House Officer; Ext.P6 complaint dated
02.03.2021 before the 4th respondent Station House Officer;
Ext.P8 complaint dated 03.03.2021 before the 5 th respondent
Station House Officer; Ext.P10 complaint dated 03.03.2021
before the 6th respondent Station House Officer, Ext.P11
complaint dated 04.03.2021 before the 7th respondent Station
House Officer; Ext.P13 complaint dated 06.03.2021 before the
8th respondent Station House Officer and Ext.P15 complaint
dated 08.03.2021 before the 9 th respondent Station House
Officer seeking police protection and thereafter, moved this
writ petition before this Court seeking the aforesaid reliefs.
WP(C).No.6973 OF 2021(V)
2. On 18.03.2021, when this writ petition came up for
admission, the learned Government Pleader took notice on
admission for respondents 1 to 9. This Court issued urgent
notice on admission by special messenger to the 10 th
respondent returnable by 23.03.2021. The learned
Government Pleader was directed to get instructions.
3. Heard the learned counsel for the petitioner, the
learned Government Pleader appearing for respondents 1 to 9
and also the learned counsel for the 10th respondent.
4. 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
WP(C).No.6973 OF 2021(V)
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.
5. 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."
6. In Manohar Lal Sharma v. Principal Secretary
WP(C).No.6973 OF 2021(V)
[(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].
7. 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
WP(C).No.6973 OF 2021(V)
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.
8. The learned counsel for the 10 th respondent would
point out certain disputes in connection with termination of
service of two medical representatives and transfer of three
others, who are members of the 10th respondent association.
The learned counsel would submit that various other issues
WP(C).No.6973 OF 2021(V)
are also pending conciliation before the concerned District
Labour Officer. The petitioner Management has not chosen to
attend the conciliation proceedings. The learned counsel would
submit further that the members of the 10 th respondent
association have absolutely no intention to cause any threat or
obstruction to the field visit of the Managers of the petitioner
Company and they have no intention to take law into their
own hands.
9. The learned counsel for the petitioner would submit
that the Management has already submitted written
submission before the concerned District Labour Officer,
raising appropriate legal and factual contentions and that, the
Management shall co-operate with the conciliation
proceedings.
10. The learned Government Pleader would submit
that, in case there is any threat to law and order, in
connection with any protest/agitation made by the members
of the 10th respondent association, respondents 3 to 9 Station
House Officers shall render necessary police protection.
Having considered the pleadings and materials on record
and also the submissions made by the learned counsel on
WP(C).No.6973 OF 2021(V)
both sides, this writ petition is disposed of with the following
directions;
i) Respondents 3 to 9 Station House Officers shall take
necessary steps to ensure that there is no threat to law
and order, in connection with any protest/agitation
made by the members of the 10th respondent
association.
ii) In case there is any threat to the life of the
Managers, employees, etc. of the petitioner Company
or any obstruction whatsoever to the field visits and
other activities undertaken by them, from the side of
the members of the 10th respondent association, the
petitioner shall move respondents 3 to 9 Station House
Officers, with a proper request for police protection.
iii) In case any such request for Police protection is
made by the petitioner, respondents 3 to 9 Station
House Officers 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.
iv) The above directions are subject to the condition
that the petitioner Management shall co-operate with
the conciliation proceedings pending before the
concerned District Labour Officer. Any contention raised
by the petitioner Management as to maintainability of
such proceedings shall be dealt with appropriately by
the concerned District Labour Officer.
v) This judgment will not stand in the way of the
members of the 10th respondent association staging any
WP(C).No.6973 OF 2021(V)
protest/agitation, in a democratic manner, without
causing any obstruction whatsoever, to the discharge of
official duties by the Managers and other employees of
the petitioner Company.
The learned Government Pleader shall communicate the
outcome of this writ petition to respondents 3 to 9 Station
House Officers today itself.
Sd/-
ANIL K.NARENDRAN, JUDGE
AV/7/4
WP(C).No.6973 OF 2021(V)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER DATED
30.10.2015 IN WPC NO. 32993 OF 2015.
EXHIBIT P2 TRUE COPY OF THE POLICE COMPLAINT
FILED WITH THE 3RD RESPONDENT DATED
01.03.2021.
EXHIBIT P3 TRUE COPY OF THE RECEIPT ACKNOWLEDGING
EXHIBIT P2
EXHIBIT P4 TRUE COPY OF THE POLICE COMPLAINT
DATED 02.03.2021 FILED WITH THE 3RD
RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE RECEIPT ACKNOWLEDGING
EXHIBIT P4.
EXHIBIT P6 TRUE COPY OF THE POLICE COMPLAINT
DATED 02.03.2021 FILED WITH THE 4TH
RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE RECEIPT ACKNOWLEDGING
EXHIBIT P6.
EXHIBIT P8 TRUE COPY OF THE POLICE COMPLAINT
DATED 03.03.2021 FILED WITH THE 5TH
RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE RECEIPT ACKNOWLEDGING
EXHIBIT P8 DATED 01.03.2021.
EXHIBIT P10 TRUE COPY OF THE POLICE COMPLAINT SENT
VIDE EMAIL DATED 03.03.2021 MAILED TO
THE 6TH RESPONDENT.
EXHIBIT P11 TRUE COPY OF THE POLICE COMPLAINT
DATED 04.03.2021 FILED WITH THE 7TH
RESPONDENT.
EXHIBIT P12 TRUE COPY OF THE RECEIPT ACKNOWLEDGING
EXHIBIT P11 DATED 04.03.2021.
WP(C).No.6973 OF 2021(V)
EXHIBIT P13 TRUE COPY OF THE POLICE COMPLAINT
DATED 06.03.2021 FILED WITH THE 8TH
RESPONDENT.
EXHIBIT P14 TRUE COPY OF THE RECEIPT ACKNOWLEDGING
EXHIBIT P13 DATED 06.03.2021.
EXHIBIT P15 TRUE COPY OF THE POLICE COMPLAINT
DATED 08.03.2021 FILED WITH THE 9TH
RESPONDENT.
EXHIBIT P16 TRUE COPY OF THE RECEIPT ACKNOWLEDGING
EXHIBIT P15 DATED 08.03.2021.
EXHIBIT P17 TRUE COPY OF THE POLICE COMPLAINT
FILED WITH THE 3RD RESPONDENT DATED
09.03.2021.
EXHIBIT P18 TRUE COPY OF THE RECEIPT ACKNOWLEDGING
EXHIBIT P17 DATED 09.03.2021.
EXHIBIT P19 TRUE COPY OF THE ORDER DATED
15.02.2020 IN WP(C) NO. 29084 OF 2020.
EXHIBIT P20 TRUE COPY OF THE ORDER DATED
08.12.2020 IN WP(C) NO. 27186 OF 2020.
EXHIBIT P21 TRUE COPY OF THE ORDER DATED
09.12.2020 IN WP(C) NO. 27377 OF 2020.
EXHIBIT P22 TRUE COPY OF THE ORDER DATED
15.12.2020 IN WP(C) NO. 27759 OF 2020.
