Aviva Life Insurance Company ... vs Station House Officer
2021 Latest Caselaw 13211 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. 35414 OF 2019
PETITIONER:

            AVIVA    LIFE   INSURANCE    COMPANY    INDIA  LIMITED
            AVIVA TOWER, SECTOR ROAD, DLF PHASE V, SECTOR 43,
            GURGAON-122003, NEW DELHI, BRANCH OFFICE AT NO.326 H,
            3RD   FLOOR,  RAINBOW   ARCADE,   NAGAMPADAM, KOTTAYAM
            REPRESENTED BY ITS ASSOCIATE VICE PRESIDENT, MR.GIJI
            JOY

            BY ADVS.
            DEEPU THANKAN
            UMMUL FIDA
            LAKSHMI SREEDHAR


RESPONDENTS:

    1       STATION HOUSE OFFICER
            NADAKKAVU POLICE STATION, KOZHIKODE-673011
    2       NEW GENERATION BANKS AND INSURANCE EMPLOYEES UNION
            (AITUC), 5TH FLOOR DEWANS CHAMBER, DIWANS ROAD, NEAR
            LAKSHMI HOSPITAL, ERNAKULAM-682016 REP.BY ITS SECRETARY
    3       PRAMOD .V.K
            REVATHI HOUSE, SUTHARAYIKKAL, PUTHUKODU.P.O,
            RAMANATTUKARA, KOZHIKODU-673633

            BY ADVS.
            SRI.A.JAYASANKAR
            SRI.MANU GOVIND
            SRI.N.B.SUNILNATH, GOVERNMENT PLEADER


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.35414/2019
                                             2



                                    JUDGMENT

Dated this the 24th day of June 2021

This Writ Petition is filed with the following

prayers:

"(i) to issue a writ of mandamus or order or direction directing the first respondent to provide adequate Police protection to the branch office of the petitioner at Kozhikode at City Mall Building, YMCA, Kannur Road, Kozhikodu from the illegal threat of strike and attack called for by the 2nd respondent Union members or their henchmen;

(ii) to issue writ of mandamus directing the first respondent to ensure that there is no violence by the 2nd respondent Union or its affiliate Unions or persons acting on their behalf from all sort of threatening or strike or not to cause any obstruction so as to enable free ingress and egress of the staffs and customers to the Kozhikodu branch of the petitioner situated at City Mall Building, YMCA, Kannur Road, Kozhikodu, forthwith.

(iii) to issue writ of mandamus directing the first respondent to ensure the removal of defamatory posters against the company shall not be obstructed by the 2nd respondent Union or its henchmen.

(iv) To restrain trade union/alleged employee or other unknown person in any act either electronically/print media to malign W.P.(C)No.35414/2019

the reputation/goodwill of the company as well as female employee.

And

(v) to grant such other relief as this Hon'ble Court may deem fit on the facts and in the circumstances of the case."

2. When this Writ petition came up for

consideration on 20.12.2019, this Court passed an

interim order, which reads as follows:

"Admit.

Governmet Pleader takes notice for the first respondent. Issue notice by speed post to respondents 2 and 3.

Pending disposal of the writ petition, the first respondent shall ensure that the activities of the petitioner at their premises referred to in the writ petition shall not be obstructed by anyone."

3. The learned counsel appearing for the

petitioner submitted that, there is no law and

order problem at present. The learned counsel

submitted that, recording the interim order, this

Court can dispose this Writ petition.

4. The learned Government Pleader also

submitted that, there is no law and order problem

at present and if there is any such issue, the W.P.(C)No.35414/2019

Police will do the needful.

Therefore, this writ petition is disposed of

with the following directions.

(i) If there is any law and order problem, the

petitioner can approach the Station House Officer

concerned.

(ii) If such a representation is received from

the petitioner, the Station House Officer will do

the needful in accordance with law.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DM W.P.(C)No.35414/2019

APPENDIX OF WP(C) 35414/2019

PETITIONER'S ANNEXURE

EXHIBIT P1 TRUE COPY OF THE WARNING LETTER DATED 28.09.2017 ISSUED BY THE PETITIONER AGAINST THE THIRD RESPONDENT. EXHIBIT P2 TRUE COPY OF THE LETTER FURNISHED BY THE POLICE TO THE PETITIONER ASKING FOR CCTV FOOTAGE.

EXHIBIT P3 TRUE COPY OF THE EMAIL DATED 26.11.2019 SEND BY THE LADY EMPLOYEE ALLEGING SEXUAL HARASSMENT AGAINST THE THIRD RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE EMAIL DATED 28.11.2019 SEND BY THE LADY EMPLOYEE ALLEGING SEXUAL HARASSMENT AGAINST THE THIRD RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE COMMUNICATION DATED 27.11.2019 ISSUED BY THE INTERNAL COMMITTEE OF PETITIONER COMPANY. EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED 29.11.2019 ISSUED BY THE INTERNAL COMMITTEE OF PETITIONER COMPANY. EXHIBIT P7 TRUE COPY OF THE COMMUNICATION DATED 29.11.2019 ISSUED BY THE PETITIONER TO THIRD RESPONDENT.

EXHIBIT P8 TRUE COPY POSTERS AFFIXED IN THE BRANCH OFFICE OF THE PETITIONER COMPANY. EXHIBIT P9 A TRUE COPY OF THE REQUEST DATED 02.12.2019 SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT SEEKING POLICE PROTECTION.

//TRUE COPY//

PA TO JUDGE