Anton Phonse Cardamom ... vs State Of Kerala
2021 Latest Caselaw 13192 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        THURSDAY, THE 24TH DAY OF JUNE 2021 / 3RD ASHADHA, 1943
                          WP(C) NO. 22236 OF 2019




PETITIONER:

            ANTON PHONSE CARDAMOM PLANTATIONS
            VII/327, VAZHAVEED KARA, PAMBUPARA P.O, VANDANMEDU
            PANCHAYATH, CHAKKUPALAM VILLAGE, UDUMBANCHOLA TALUK,
            IDUKKI DISTRICT, PIN-685551, A REGISTERED PARTNERSHIP
            FIRM REP.BY ITS MANAGER, SUNNY DEVASIA.

            BY ADVS.
            C.K.KARUNAKARAN
            SMT.LEKSHMI P. NAIR
            SRI.ARJUN SATHISH KUMAR




RESPONDENTS:

    1       STATE OF KERALA
            REP.BY SECRETARY, HOME DEPARTMENT, GOVERNMENT
            SECRETARIAT,
            THIRUVANANTHAPURAM-695001.

    2       DISTRICT POLICE CHIEF, OFFICE OF THE DISTRICT POLICE
            CHIEF,
            KUILIMALA, PAINAVU P.O, IDUKKI DISTRICT, PIN-685603.

    3       STATION HOUSE OFFICER,
            KUMILY POLICE STATION, K.K. ROAD, KUMILI, IDUKKI
            DISTRICT-685509.

    4       MURUGAN,
            AGED ABOUT 37 YEARS, S/O. CHINNADURAI,
            PAMPUPARA P.O, CHAKKUPALLAM, CHAKKUPALLAM VILLAGE,
            UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN-685551.

    5       B. VIJAYAN,
 WP(C) NO. 22236 OF 2019
                             2


         AGED ABOUT 55 YEARS, FATHER'S NAME NOT KNOWN,
         SHYAM NIVAS HOUSE, ANAVILASOM P.O, KUTHUKALSERRY,
         IDUKKI DISTRICT, PIN-685535.

         R4 & R5 BY ADV SMT.T.P.SINDHUMOL

         R1 TO R3 BY ADV.N.B.SUNIL NATH, GOVT. PLEADER



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 22236 OF 2019
                                  3


                            JUDGMENT

This writ petition is filed with following prayers:

i. To issue a writ of mandamus or such other appropriate writ, order or direction commanding respondents 1 to 3 to provide protection to the lives of the workers of the petitioner and the property of the plantation.

ii To issue a writ of mandamus, or such other appropriate writ, order or direction commanding respondents 1 to 3 to afford protection to the labourers from Tamil Nadu, and other states who come to work in the plantation for seasonal work. iii. To direct the 3rd respondent to enquire into the illegal activities of respondents 4, 5 and their henchmen, and to take appropriate action against persons indulging in criminal acts against the men and properties of the petitioner. iv. To direct respondents 2 and 3 to immediately investigate Ext.P11 complaint, including the use of violence, damage to property.

v. To report to this Hon'ble Court the action taken by the 3rd respondent on Exts.P4 to P10 complaints. vi. To issue such other appropriate writs, orders or directions that this hon'ble Court may deem fit and proper to issue on the facts and in the circumstances of this case.

Vii. To grant the costs of these proceedings to the petitioner.

2. When this matter came up for consideration on

18.09.2019, this Court passed an order which is extracted WP(C) NO. 22236 OF 2019

hereunder:

"The learned Government Pleader, on instruction submits that Union leaders insist that only the permanent workers and those others identified by the Unions can be employed within the Estate. It is also submitted that there are four FIR's registered on the complaint of the Estate Manager.

2. The Union leaders with the help of miscreants have obstructed the employment of temporary workers coming from Tamil Nadu on a daily basis, according to the learned counsel for the petitioner. This is a practice followed for long years by the Management. The learned counsel appearing for respondents 4 and 5 submit that there is an agreement entered into between the management and the Union on 06.08.2019. The agreement speaks of only 21 permanent workers and ten temporary workers.

3. We are of the opinion that it is not for the Union to decide as to how many workers can be employed in the Estate. The permanent workers definitely cannot be denied employment. Subject to the above condition, it is directed that the management would be free to employ as many workers as they require without denying employment to the permanent workers. We will not state the specific number of the permanent workers which has to be decided after seeing the entire records. If there is any obstruction caused to the work carried on by WP(C) NO. 22236 OF 2019

the Management, the police shall afford necessary protection.

Post on 03.10.2019."

3. Thereafter the matter again came up for consideration

on 11.02.2020. On that day, this Court passed the following

order:

The learned counsel for the respondents 4 and 5 submitted that on account of the engagement of many migrant workers, some of the regular employees engaged by the petitioner are rendered as jobless. That be so, the respondents shall state the names of such workers, who are rendered jobless.

2. In the light of the interim order passed by the Division Bench of this Court in this writ petition on 18.09.2019, the police shall ensure that no obstruction is caused to the petitioner.

3. The learned counsel for the petitioner appraised the Court about an incident occurred on 10.02.2020 wherein the migrant workers were threatened and they had to leave without any engagement by the petitioner. This Court, taking into account the gravity of the incident, hereby direct the police to ensure that no migrant workers engaged by the petitioner are obstructed by the party respondents or their associates.

Post on 18.02.2020. The interim order already passed in this matter will continue till then.

4. Now the counsel for the petitioner submitted that as

on now, there is no law and order problem and if there is any law WP(C) NO. 22236 OF 2019

and order problem, the petitioner will approach the police

authorities and there may be a direction to the police authorities

to do the needful. The Government Pleader submitted that if

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

Therefore, this writ petition is disposed, retaining the

interim order, with following directions:

1. If there is any law and order problem, the

petitioner is free to approach the Station House

Officer concerned with a complaint.

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

Officer will do the needful in accordance to law

and in terms of the interim order passed by this

Court.

With the above observations, this writ petition is disposed

of.

Sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C) NO. 22236 OF 2019

APPENDIX OF WP(C) 22236/2019

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF JUDGMENT DATED 02.08.2018 IN WPC NO.25450 OF 2018.

EXHIBIT P2 TRUE COPY OF JUDGMENT DATED 31.01.2018 IN OS NO. 399 OF 2017 OF MUNSIFFS COURT, KATTAPANA.

EXHIBIT P3 TRUE COPY OF JUDGMENT DATED 30.03.2019 OF MUNSIFFS COURT, KATTAPANA IN OS NO.345 OF 2018.

EXHIBIT P4 TRUE COPY OF COMPLAINT DATED 02.10.2018 MADE BEFORE THE 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF COMPLAINT DATED 14.11.2018 MADE BEFORE THE 3RD RESPONDENT.

EXHIBIT P6 TRUE COPY OF COMPLAINT DATED 20.11.2018 MADE BEFORE THE 3RD RESPONDENT.

EXHIBIT P7 TRUE COPY OF COMPLAINT DATED 24.11.2018 MADE BEFORE THE 3RD RESPONDENT.

EXHIBIT P8 TRUE COPY OF COMPLAINT DATED 26.11.2018 MADE BEFORE THE 3RD RESPONDENT.

EXHIBIT P9 TRUE COPY OF COMPLAINT DATED 20.11.2018 BY TAMIL LABORERS BEFORE THE 3RD RESPONDENT.

EXHIBIT P9A A TRUE MALAYALAM TRANSLATION OF EXHIBIT P9.

EXHIBIT P10 TRUE COPY OF COMPLAINT DATED 24.11.2018 MADE BY TAMIL LABORERS BEFORE THE 3RD RESPONDENT.

EXHIBIT P10A TRUE MALAYALAM TRANSLATION OF EXHIBIT P10.

WP(C) NO. 22236 OF 2019

EXHIBIT P11 TRUE COPY OF COMPLAINT DATED 12.08.2019 MADE BEFORE THE 3RD RESPONDENT.

EXHIBIT P12 TRUE COPY OF FIR DATED 13.08.2019 REGISTERED BY THE 3RD RESPONDENT.

EXHIBIT P13 TRUE COPY OF THE STATEMENT DATED 13.08.2019 RECORDED BY THE 3RD RESPONDENT FROM THE COMPLAINANT.

EXHIBIT P14 TRUE COPY OF LETTER DATED 12.08.2019 RECEIVED FROM THE NATIONAL ESTATE WORKERS CONGRESS(INTUC).

EXHIBIT P15 A TRUE COPY OF THE RESIGNATION LETTER GIVEN BY MS. THANKKAMMA BABU.

EXHIBIT P16 A TRUE COPY OF THE YEARLY BONUS AND SERVICE PAYMENT DETAILS FOR 2018-2019.

RESPONDENTS EXHIBITS:

EXHIBIT R5(a) TRUE COPY OF THE MEMORANDUM OF SETTLEMENT DATED 1/06/2013 BETWEEN THE MANAGEMENT AND TRADE UNIONS.

EXHIBIT R5(b) TRUE COPY OF THE COMPLAINT DATED 22/08/2019 FILED BY THE SECRETARY IDUKKI JILLA ESTATE MAZDOOR SANGH (BMS) BEFORE THE DEPUTY LABOUR OFFICER AT THODUPUZHA.