Kerala High Court
Bharat Petroleum Corporation ... vs State Of Kerala on 19 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942
WP(C).No.1447 OF 2021(E)
PETITIONERS:
1 BHARAT PETROLEUM CORPORATION LIMITED,
KOCHI REFINERY, AMBALAMUGAL, COCHIN 682 302, REPRESENTED
BY ITS CHIEF GENERAL MANGER IN-CHARGE (HR), SHRI.KURIAN P
ALAPATT.
2 KURIAN P ALAPATT,
CHIEF GENERAL MANAGER IN CHARGE (HR),
BHARAT PETROLEUM CORPORATION LIMITED,
KOCHI REFINERY, AMBALAMUGAL COCHIN 682 302.
BY ADVS.
SRI.P.BENNY THOMAS
SRI.D.PREM KAMATH
SRI.TOM THOMAS (KAKKUZHIYIL)
SHRI.ABEL TOM BENNY
SHRI.JYOTHISH KRISHNA
SMT.MEENAKSHY S DEV
SHRI.AHAMMAD SACHIN K.
SHRI.KURIAN OOMMEN THERAKATH
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM 695 001.
2 THE DISTRICT POLICE CHIEF,
KOCHI CITY, REVENUE TOWERS, ERNAKULAM 682 011.
3 STATION HOUSE OFFICER,
AMBALAMEDU POLICE STATION, ERNAKULAM 682 303.
4 GENERAL AND CONSTUCTION WORKERS' UNION (CITU),
AMBALAMUGAL, ERNAKULAM (DISTRICT), KERALA, 682 302,
REPRESENTED BY ITS GENERAL SECRETARY SRI. N.K. GEORGE.
5 DEPUTY CHIEF LABOUR COMMISSIONER (CENTRAL),
OLIMUGAL, KAKKANAD, ERNAKULAM DISTRICT 682 030.
SMT K.AMMINIKUTTY-SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.1447 OF 2021(E) 2
JUDGMENT
The petitioner has filed this writ petition under Article
226 of the Constitution of India, seeking to issue a writ of
mandamus commanding respondents 2 to 3 to afford
adequate and effective protection for free ingress and egress
of employees, customers, visitors and vehicles to and from
the 1st petitioner's Refinery and all project sites at
Ambalamugal PDPP, MSBP Project Sites and for free
movement of petroleum products. The petitioner has also
sought for writ of mandamus commanding respondents 2 to 3
to ensure that law and order is strictly maintained in the
periphery of the six entrances to the petitioner's refinery and
project site at Ambalamugal, PDPP, MSBP Project Sites, in the
event any strike, dharna, march or demonstrations are taken
out under the leadership of 4th respondent union as
threatened in strike notice; and for an order directing
respondents 2 to 3 to ensure that no dharna or other
demonstrations take place within 500 meters from all the six
entrances of the petitioners' refinery and project site at
Ambalamugal, PDPP, MSBP Project Sites, on 20.01.2021 or
any other day thereafter.
2. Today, when this case is taken up for admission,
the learned counsel for the petitioner would submit that the
Workers' Union has already withdrawn Ext.P-3 strike notice
and as such the reliefs sought for in this writ petition have
become infructuous.
Recording the aforesaid submission made by the learned
counsel for the petitioner, this writ petition is dismissed as
infructuous.
Sd/-
ANIL K. NARENDRAN
JUDGE
Skk//19012021
APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF GO MS NO. 196/70/HOME
DATED 10.9.1970.
EXHIBIT P2 TRUE COPY OF THE NOTIFICATION DATED
26/08/2020 DECLARING PETROLEUM
INDUSTRY AS PUBLIC UTILITY SERVICE.
EXHIBIT P3 TRUE COPY OF THE STRIKE NOTICE DATED
05/01/2021 SUBMITTED BY 4TH
RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE NOTICE DATED
13.01.2021 ISSUED BY 5TH RESPONDENT
TO 4TH RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE POLICE COMPLAINT
DATED 18.01.2021 SUBMITTED BY THE
PETITIONER TO RESPONDENTS 2 TO 3.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED
13.01.2017 IN WPC NO. 37636 OF 2016
OF THIS HONBLE COURT.
RESPONDENTS' EXHIBITS: NIL
