Brocade India Polytex Ltd vs District Police Chief
2021 Latest Caselaw 14470 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943
                       WP(C) NO. 31875 OF 2019
PETITIONERS:

    1       BROCADE INDIA POLYTEX LTD.
            KINFRALITP, MENON PARA ROAD, KANJIKODE (E),PALAKKAD-678
            621, REPRESENTED BY ITS MANAGING DIRECTOR MR.ANWAR
            SAHAD.

    2       MR.ANAWAR SAHAD,
            MANAGING DIRECTOR, BROCADE INDIA POLYTEX LTD,
            KINFRALITP, MENON PARA ROAD, KANJIKODE (E),PALAKKAD-678
            621,

            BY ADVS.
            SRI.P.BENNY THOMAS
            SRI.D.PREM KAMATH



RESPONDENTS:

    1       DISTRICT POLICE CHIEF
            PALAKAD, PALAKAD DISTRICT-678 001.

    2       STATION HOUSING OFFICER,
            WALAYAR POLICE STATION, SALEM ERNAKULAM HIGHWAY,
            WALAYAR, PALAKKAD, KERALA-678 620.

    3       PALAKKAD TALUK ENGINEERING AND INDUSTRIAL GENERAL
            WORKERS UNION, (CITU),
            REG.NO.09-08/2002, BROCADE INDIA POLYTEX LIMTED
            UNIT(CITU), KANJIKODE EAST P.O.PALAKKAD-678
            621,REPRESENTED BY ITS SECRETARY.

    4       PALGHAT DISTRICT ENGINEERING AND INDUSTRIES MAZHDOOR
            SANGHAM,
            AFFILIATED TO BMS, BMS OFFICE, HARIKKARA STREET,
            PALAKKAD-678 001, REPRESENTED BY ITS SECRETARY.

    5       DISTRICT LABOUR OFFICER,
            DISTRICT LABOUR OFFICE, THOZHIL BHAVAN, CIVIL STATION,
            PALAKKAD-678 001.
 WP(C) NO. 31875/2019
                                  2

             BY ADVS.

             SRI.M.SASINDRAN


             SRI.N.B.SUNIL NATH, GOVERNMENT PLEADER




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   13.07.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 31875/2019
                                          3

                    P.V.KUNHIKRISHNAN, J
              -------------------------------
                  W.P.(C)No.31875 of 2019
             --------------------------------
             Dated this the 13th day of July 2021


                               JUDGMENT

The above writ petition is filed with the

following prayers:

"i) issue a writ of mandamus or other appropriate writ, order or direction, directing respondents 1 and 2 to afford adequate and effective protection to the life and property of petitioner and its employees for the smooth functioning of its unit inside KINFRA Park, Kanjikode; and adequate protection for free ingress and egress of employees, staff, vehicles etc to and from the Unit and to ensure smooth functioning of the said Unit without any disturbance, hindrance, obstruction or set from respondents 3& 4 or any other person/persons on their behalf; and .

ii) grant such other and incidental reliefs as this Hon'ble court may deem just and necessary on the facts and circumstances of this case;."

2. When this matter came up for consideration

on 25.11.2019, this Court passed the following order;

"Government Pleader takes notice for respondents 1, 2 and 5. Issue notice by special messenger to respondents 3 and 4.

Pending disposal of the writ petition, respondents 1 and 2 shall ensure that the ingress and egress of the WP(C) NO. 31875/2019

willing workers of the petitioner to the premises of the establishment of the first petitioner referred to in the writ petition shall not be obstructed by anybody."

3. Today when this matter came up for

consideration, the learned counsel appearing for the

petitioners submitted that, there is no law and order

issue as of now and this Court can dispose the writ

petition retaining the interim order.

4. Therefore, this writ petition is disposed

retaining the interim order with the following

further directions;

i) If there is any law and order issue, the

petitioners are free to approach the Station House

Officer concerned with a complaint/representation.

ii) If such a complaint/representation is

received, the Station House Officer will do the

needful in accordance with law.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

DM WP(C) NO. 31875/2019

APPENDIX OF WP(C) 31875/2019

PETITIONERS EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE G.O DATED 19.3.2008 ISSUED BY THE DEPARTMENT OF INDUSTRIES.

EXHIBIT P2 TRUE COPY OF THE CHARTER OF DEMAND PREFERRED BY 3RD RESPONDENT DATED 4.5.2018

EXHIBIT P3 TRUE COPY OF THE CHARTER OF DEMAND PREFERRED BY 4TH RESPONDENT DATED 19.4.2018

EXHIBIT P4 THE LETTER DATED 22.10.2019 ISSUED TO 3RD RESPONDENT

EXHIBIT P5 THE LETTER DATED 22.10.2019 ISSUED TO 4TH RESPONDENT

EXHIBIT P6 TRUE COPY OF THE 3RD AND 4TH RESPONDENTS ISSUED A JOINT STRIKE NOTICE, DECLARING TO GO ON A TOKEN STRIKE ON 2.11.2019

EXHIBIT P7 TRUE COPY OF THE PHOTOGRAPH.

EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED 2.11.2019 SUBMITTED BY THE PETITIONER.

EXHIBIT P9 TRUE COPY OF THE RECEIPT DATED 4.11.2019.

PETITIONERS EXHIBITS: NIL //TRUE COPY//

PA TO JUDGE