Vodafone Idea Limited vs Sation House Officer
2021 Latest Caselaw 13564 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
                  WP(C) NO. 28786 OF 2019
PETITIONER:

         VODAFONE IDEA LIMITED
         (FORMERLY KNOWN AS IDEA CELLULAR LTD.) V.J. TOWER,
         SERVICE ROAD, VYTILLA P. O., ERNAKULAM - 682019,
         REP. BY ITS HEAD LEGAL (NODAL OFFICER), RAJESH M.
         V., AGED 48 YEARS, S/O. M. V. RAGHAVAN, RESIDING
         AT VILLA NO.42 ASSET KASAVU, TOG ROAD, SOUTH
         KALAMASSERY, COCHIN.
         BY ADVS.
         P.SATHISAN
         SMT.ROHINI S KUMAR


RESPONDENTS:

    1    SATION HOUSE OFFICER
         PALARIVATTOM POLICE STATION, PALARIVATTOM P. O.,
         PIN - 682 025.
    2    COMMISSIONER OF POLCIE
         OFFICE OF THE COMMISSIONER OF POLICE, ERNAKULAM,
         REVENUE TOWER, 11TH TOWER, ERNAKULAM HEAD POST
         OFFICE, PIN - 682011.
    3    HUAWEI TELECOMMUNICATIONS (INDIA) PVT. LTD.
         50/1107, 1ST FLOOR, CHERANALLUR ROAD, EDAPPALLY P.
         O., COCHIN, KERALA - 682024, REPRESENTED BY ITS
         MANAGER SERVICE PARTNER.
    4    MOBILE STATE TOWER WORKERS UNION
         SUGADHAN SMARAKAM, MOSQUE ROAD, THAMPANOOR P. O.,
         PIN - 695014, TRIVANDRUM, REPRESENTED BY ITS
         PRESIDENT.
    5    VAZHOOR SOMAN
         PRESIDENT, MOBILE STATE TOWER WORKERS UNION,
         SUGADHAN SMARAKAM, MOSQUE ROAD, THAMPANOOR P. O.,
         PIN - 695 014, TRIVANDRUM
    6    DEPUTY LABOUR COMMISSIONER
         OFFICE OF DEPUTY CHIEF LABOUR COMMISSIONER
         (CENTRAL), KENDRIYA SHRAM SADAN, KAKKANAD P. O.,
         PIN - 682 030, COCHIN.
 W.P.(C).No.28786/2019

                                 2



    7     ASSISTANT DEPUTY LABOUR COMMISSIONER
          OFFICE OF DEPUTY CHIEF LABOUR COMMISSIONER
          (CENTRAL), KENDRIYA SHRAM SADAN, KAKKANAD P. O.,
          PIN - 682 030, COCHIN.


          R4 & R5 BY SRI.T.R.S.KUMAR
          SRI.AJIT JOY
          SRI.ANEESH JAMES
          SMT.DEENA JOSEPH
          SRI.T.K.SHAJITH
          SHRI.ABHILASH AUGUSTINE M.
          R1 & R2 BY SRI.N.B.SUNIL NATH, GP


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C).No.28786/2019

                                      3



                     P.V.KUNHIKRISHNAN, J.
                       -------------------------------
                     W.P.(C).No.28786 of 2019
               ----------------------------------------------
              Dated this the 01st day of July, 2021


                               JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamus or such other writ or direction to respondents 1&2 to extend adequate and sufficient police protection for the smooth functioning of the office of the petitioner in VJ Tower, Service Road, Vytilla P.O, Ernakulam - 682019 and movement of staffs and customers of petitioner from respondents 4&5 and their men or agents.

ii. Issue a writ of mandamus or such other writ or direction declaring that the strike by respondents 4&5 in violation of Section 27 of Industrial Disputes Act as illegal,

iii. Grant such other reliefs which this Hon'ble Court find deem fit and proper in the circumstances of the case and,

iv. Award costs of the proceedings to petitioner from respondents.

2. When this writ petition came up for consideration W.P.(C).No.28786/2019

before this Court on 28.10.2019, this Court passed the following

order:

"Government Pleader takes notice for respondents 1 and

2. Issue notice by special messenger to respondents 3 to

7.

Pending disposal of the writ petition, the first respondent shall ensure that no obstruction whatsoever is caused for the ingress and egress to the office of the petitioner referred to in the writ petition."

3. Today, when this writ petition came up for

consideration, the counsel for the petitioner submitted that there

is no law and order issue at present, and if there is any such

issue, the petitioner may be allowed to approach the Station

House Officer concerned and there may be a direction to the

Police to do the needful in accordance to law. The Government

Pleader submitted that there is no law and order issue now and if

there is any law and order issue, the Police will do the needful.

In the light of the above submissions, this writ petition can

be disposed in the following manner:

1. If there is any law and order issue, the petitioner

is free to approach the Station House Officer W.P.(C).No.28786/2019

concerned with a complaint.

2. If such a complaint is received, the Station House

Officer will do the needful in accordance to law.

With the above observations, this writ petition is disposed

of.

Sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.28786/2019

APPENDIX OF WPC 28786/2019

PETITIONER ANNEXURE EXHIBIT P1 TRUE COPY OF THE RELEVANT EXTRACT OF LICENCE AGREEMENT OF PETITIONER COMPANY. EXHIBIT P2 TRUE COPY OF THE RELEVANT EXTRACT OF SERVICE LEVEL AGREEMENT OF THE PETITIONER COMPANY.

EXHIBIT P3 TRUE COPY OF THE NOTICE NO.8/87/2019/B6 DATED 30.9.2019 ISSUED BY THE DEPUTY CHIEF LABOUR COMMISSIONER, COCHIN AND THE REPLY BY THE PETITIONER THE SAME. EXHIBIT P4 TRUE COPY OF THE COMPLAINT TO THE 1ST AND 2ND RESPONDENT FILED BY THE PETITIONER DATED 28.10.2019.

EXHIBIT P4 (a) TRUE COPY OF THE ACKNOWLEDGEMENT OF EXT.

P4.

RESPONDENTS' ANNEXURE EXHIBIT R3(A) A TRUE COPY OF THE LETTER DATED 1.11.2019 ISSUED BY THE 3RD RESPONDENT TO THE 6TH PETITIONER