Alkem Laboratories Limited vs State Of Kerala
2021 Latest Caselaw 10841 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

   WEDNESDAY, THE 31ST DAY OF MARCH 2021 / 10TH CHAITHRA, 1943

                      W.P.(C) No.8433 OF 2021(D)


PETITIONER:

               ALKEM LABORATORIES LIMITED,
               REGD. OF. ALKEM HOUSE, SENAPATI BAPAT MARG,
               LOWER PANEL (WEST), MUMBAI 400013,
               REPRESENTED BY ITS DEPUTY GENERAL MANAGER -HR,
               MR. ATUL C PARAB.

               BY ADVS.
               SRI.P.BENNY THOMAS
               SRI.THOMAS J.ANAKKALLUNKAL
               SHRI.ABEL TOM BENNY
               SMT.MARIA PAUL


RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY HOME SECRETARY,
               SECRETARIAT, THIRUVANANTHAPURAM-691 001.

      2        DISTRICT POLICE CHIEF,
               THIRUVANANTHAPURAM CITY,
               UNIVERSITY OF KERALA SENATE HOUSE CAMPUS,
               PALAYAM, THIRUVANANTHAPURAM-695 033

      3        THE STATION HOUSE OFFICER,
               CENTRAL POLICE STATION,
               MEDICAL COLLEGE JUNCTION, CHALAKKUZHI,
               THIRUVANANTHAPURAM-695 011.

      4        THE STATION HOUSE OFFICER,
               VATTIYOORKAVU POLICE STATION,
               VATTIYOORKAVU-MARUTHAMKUZHI ROAD,
               OPPOSITE MOSQUE, VATTIYOORKAVU,
               THIRUVANANTHAPURAM-695 013.

      5        THE STATION HOUSE OFFICER,
               MUSEUM POLICE STATION, SOORYAKANTHI ROAD,
               NEAR SREECHITHRA ENCLAVE, KANAKA NAGAR,
               NANTHANCODU, THIRUVANANTHAPURAM-695 033.
 W.P.(C) No.8433 OF 2021(D)
                               -2-

       6      THE STATION HOUSE OFFICER,
              SREEKARIYAM POLICE STATION,
              SREEKARIYAM-AAKKULAM RD,
              OPPOSITE LOYOLA SCHOOL, BAPUJI NAGAR,
              SREEKARIYAM, THIRUVANANTHAPURAM-695 017.

       7      THE STATION HOUSE OFFICER,
              VANCHIYOOR POLICE STATION, VANCHIYOOR ROAD,
              VANCHIYOOR, THIRUVANANTHAPURAM-695 035.

       8      THE STATION HOUSE OFFICER,
              FORT POLICE STATION, ATTAKULANGARA, TRIVANDRUM,
              VIZHINJAM RD, NEAR VANITHA JAIL, MANACAUD,
              THIRUVANANTHAPURAM-695 023.

       9      THE STATION HOUSE OFFICER,
              POOJAPPURA POLICE STATION,
              POOJAPPURA MAIN ROAD, KAILAS,
              OPPOSITE HOTEL, THIRUVANANTHAPURAM-695 012.

       10     THE STATION HOUSE OFFICER,
              KARAMANA POLICE STATION, KARAMANA,
              THIRUVANANTHAPURAM-695 002

       11     KERALA MEDICAL AND SALES REPRESENTATIVE
              ASSOCIATION (KMSRA),
              BTR BHAWAN, CEMENTERY JUNCTION,
              CHITTOOR ROAD, ERNAKULAM-682 018
              REPRESENTED BY ITS GENERAL SECRETARY
              MR. MOHAN C. NAIR.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 31.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.8433 OF 2021(D)
                                      -3-


                                JUDGMENT

The petitioner has filed this writ petition under Article 226 of

the Constitution of India, seeking a writ of mandamus

commanding respondents 2 to 10 to afford adequate and effective

protection for smooth functioning of the business activities of the

petitioner Company and to ensure peaceful working atmosphere

for the Managers of the petitioner Company; and adequate

protection for the property/products of the petitioner Company

without any disturbance, hindrance, obstruction or threats from

the 11th respondent and its members or any other person/persons

on their behalf. The petitioner has also sought for a direction to

respondents 2 to 10 to act on the complaints submitted by the

petitioner Company and to take appropriate action against the 11 th

respondent and their members whenever the illegal and unlawful

activities committed by them are reported to respondents 2 to 10

and also to ensure that the petitioner carries on its business

activities without any disturbance or obstruction by the 11 th

respondent, its members or any person on their behalf. In the writ

petition, it is alleged that seeking withdrawal of the order of

transfer of Sri.K.V.Krishna Kumar and others and also withdrawal W.P.(C) No.8433 OF 2021(D)

of the order of termination of other medical representatives, the

11th respondent association and its members are obstructing the

Managers of the petitioner Company from performing their field

visits. On various occasions, when the Managers visited hospitals,

the members of the 11th respondent association appeared there in

large numbers and abused them and threatened them with dire

consequences. In such circumstances, the petitioner submitted

Ext.P2 complaint dated 01.03.2021 before the 3 rd respondent

Station House Officer, Ext.P4 complaint dated 02.03.2021 before

the 4th respondent Station House Officer, Ext.P6 complaint dated

02.03.2021 before the 4th respondent Station House Officer, Ext.P8

complaint dated 03.03.2021 before the 3rd respondent Station

House Officer, Ext.P10 complaint dated 03.03.2021 before the 5 th

respondent Station House Officer, Ext.P12 complaint dated

04.03.2021 before the 6th respondent Station House Officer,

Ext.P14 complaint dated 04.03.2021 before the 7 th respondent

Station House Officer, Ext.P15 complaint dated 05.03.2021 before

the 8th respondent Station House Officer, Ext.P17 complaint dated

05.03.2021 before the 9th respondent Station House Officer,

Ext.P18 complaint dated 06.03.2021 before the 9 th respondent W.P.(C) No.8433 OF 2021(D)

Station House Officer and Ext.P20 complaint dated 06.03.2021

before the 10th respondent Station House Officer seeking police

protection and thereafter, moved this writ petition before this

Court seeking the aforesaid reliefs.

2. On 30.03.2020, when this writ petition came up for

admission along with W.P.(C) Nos.8267 and 8457 of 2021, the

learned Government Pleader took notice on admission for the

official respondents. Urgent notice on admission by special

messenger was ordered to the party respondent, returnable by

31.03.2021.

3. Heard the learned counsel for the petitioner, the learned

Government Pleader appearing for respondents 1 to 10 and also

the learned counsel for the 11th respondent.

4. The Kerala Police Act, 2011 is enacted to consolidate

and amend the law relating to the establishment, regulation,

powers and duties of the Police Force in the State of Kerala and for

matters connected therewith and incidental thereto. Chapter II of

the Act deals with duties and functions of Police. Section 3 of the

Act deals with general duties of Police. As per Section 3, the Police,

as a service functioning category among the people as part of the W.P.(C) No.8433 OF 2021(D)

administrative system shall, subject to the Constitution of India

and the laws enacted thereunder, strive in accordance with the

law, to ensure that all persons enjoy the freedoms and rights

available under the law by ensuring peace and order, integrity of

the nation, security of the State and protection of human rights.

Section 4 of the Act deals with functions of Police. As per Section

4, the Police Officers shall, subject to the provisions of the Act,

perform the functions enumerated in clauses (a) to (s) of Section

4. As per clause (a), the Police Officers shall enforce the law

impartially; and as per clause (b), the Police Officers shall protect

the life, liberty, property, human rights and dignity of all persons in

accordance with the law.

5. Lord Denning in 'The Due Process of law' [First Indian

Reprint 1993, Page 102] has described the role of the Police thus;

"In safeguarding our freedoms, the police play vital role. Society for its defence needs a well-led, well-trained and well-disciplined force or police whom it can trust, and enough of them to be able to prevent crime before it happens, or if it does happen, to detect it and bring the accused to justice.

The police, of course, must act properly. They must obey the rules of right conduct. They must not extort confessions by threats or promises. They must not search a man's W.P.(C) No.8433 OF 2021(D)

house without authority. They must not use more force than the occasion warrants."

6. In Manohar Lal Sharma v. Principal Secretary

[(2014) 2 SCC 532] the Apex Court held that, one of the

responsibilities of the police is protection of life, liberty and

property of citizens. The investigation of offences is one of the

important duties the police has to perform. The aim of

investigation is ultimately to search for truth and bring the

offender to the book. The Apex Court reiterated the said principle

in Ankush Maruti Shinde v. State of Maharashtra [(2019) 15

SCC 470].

7. In Gujarat Steel Tubes Ltd. Vs. Gujarat Steel Tubes

Mazdoor Sabha [(1980) 2 SCC 593] the Apex Court held that,

the right to unionise, the right to strike as part of collective

bargaining and subject to the legality and humanity of the

situation, the right of the weaker group viz. labour, to pressure the

stronger party viz. capital, to negotiate and render justice, are

processes recognised by industrial jurisprudence and supported by

Social Justice. While society itself, in its basic needs of existence,

may not be held to ransom in the name of the right to bargain and

strikers must obey civilised norms in the battle and not be vulgar W.P.(C) No.8433 OF 2021(D)

or violent hoodlums industry, represented by intransigent

Managements, may well be made to reel into reason by the strike

weapon and cannot then sequeal or wail and complain of loss of

profits or other ill-effects but must negotiate or get a reference

made. The broad basis is that workers are weaker although they

are the producers and their struggle to better their lot has the

sanction of the rule of law. Unions and strikers are no more

conspiracies than professions and political parties, are, and being

far weaker, need succour. Part IV of the Constitution, read with

Article 19, sows the seed of this burgeoning jurisprudence. The

Gandhian quote at the beginning of the judgment [Para.5 @ Page

603 SCC] sets the tone of economic equity in industry. Of course,

adventurist, extremist, extraneously inspired and puerile strike,

absurdly insane persistence and violent or scorched earth policies

boomerang and are anathema for the law. Within these

parameters the right to strike is integral to collective bargaining.

8. The learned counsel for the 11th respondent would point

out certain disputes in connection with termination of service of

two medical representatives and transfer of three others, who are

members of the 11th respondent association. The learned counsel W.P.(C) No.8433 OF 2021(D)

would submit that various other issues are also pending

conciliation before the concerned District Labour Officer. The

petitioner Management has not chosen to attend the conciliation

proceedings. The learned counsel would submit further that the

members of the 11th respondent association have absolutely no

intention to cause any threat or obstruction to the field visit of the

Managers of the petitioner Company and they have no intention to

take law into their own hands.

9. The learned counsel for the petitioner would submit that

the Management has already submitted written submission before

the concerned District Labour Officer, raising appropriate legal and

factual contentions and that, the Management shall co-operate

with the conciliation proceedings.

10. The learned Government Pleader would submit that, in

case there is any threat to law and order, in connection with any

protest/agitation made by the members of the 11 th respondent

association, respondents 3 to 10 Station House Officers shall

render necessary police protection.

Having considered the pleadings and materials on record and

also the submissions made by the learned counsel on both sides, W.P.(C) No.8433 OF 2021(D)

this writ petition is disposed of with the following directions;

i) Respondents 3 to 10 Station House Officers shall take necessary steps to ensure that there is no threat to law and order, in connection with any protest/agitation made by the members of the 11th respondent association.

ii) In case there is any threat to the life of the Managers, employees, etc. of the petitioner Company or any obstruction whatsoever to the field visits and other activities undertaken by them, from the side of the members of the 11th respondent association, the petitioner shall move respondents 3 to 10 Station House Officers, with a proper request for police protection.

iii) In case any such request for Police protection is made by the petitioner, respondents 3 to 10 shall take necessary action on that request, without any delay, taking note of the statutory provisions referred to hereinbefore and also the law laid down in the decisions referred to supra.

iv) The above directions are subject to the condition that the petitioner Management shall co-operate with the conciliation proceedings pending before the concerned District Labour Officer. Any contention raised by the petitioner Management as to maintainability of such proceedings shall be dealt with appropriately by the concerned District Labour Officer.

v) This judgment will not stand in the way of the members of the 11th respondent association staging any protest/agitation, in a democratic manner, without causing any obstruction whatsoever, to the discharge of official W.P.(C) No.8433 OF 2021(D)

duties by the Managers and other employees of the petitioner Company.

The learned Government Pleader shall communicate the

outcome of this writ petition to the respondents 3 to 10 Station

House Officers today itself.

Sd/-

ANIL K. NARENDRAN JUDGE bpr W.P.(C) No.8433 OF 2021(D)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER DATED 30.10.2015 IN W.P.C NO. 32993 OF 2015.

EXHIBIT P2 TRUE COPY OF THE POLICE COMPLAINT FILED WITH THE 3RD RESPONDENT DATED 01.03.2021.

EXHIBIT P3 A TRUE COPY OF THE RECEIPT ACKNOWLEDGING EXHIBIT P2.

EXHIBIT P4 TRUE COPY OF THE POLICE COMPLAINT DATED 02.03.2021 FILED WITH THE 4TH RESPONDENT.

EXHIBIT P5 A TRUE COPY OF THE RECEIPT ACKNOWLEDGING EXHIBIT P4.

EXHIBIT P6 TRUE COPY OF THE POLICE COMPLAINT DATED 02.03.2021 IS FILED WITH THE 4TH RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE RECEIPT ACKNOWLEDGING EXHIBIT P6.

EXHIBIT P8 TRUE COPY OF THE POLICE COMPLAINT DATED 03.03.2021 FILED WITH THE 3RD RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE RECEIPT ACKNOWLEDGING EXHIBIT P8.

EXHIBIT P10 TRUE COPY OF THE POLICE COMPLAINT DATED 03.03.2021 FILED WITH THE 5TH RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE RECEIPT ACKNOWLEDGING EXHIBIT P10.

EXHIBIT P12 TRUE COPY OF THE POLICE COMPLAINT DATED 04.03.2021 FILED WITH THE 6TH RESPONDENT.

EXHIBIT P13 TRUE COPY OF TEH RECEIPT ACKNOWLEDGING EXHIBIT P12.

W.P.(C) No.8433 OF 2021(D)

EXHIBIT P14 TRUE COPY OF THE POLICE COMPLAINT DATED 04.03.2021 FILED WITH THE 7TH RESPONDENT.

EXHIBIT P15 TRUE COPY OF THE POLICE COMPLAINT DATED 05.03.2021 FILED WITH THE 8TH RESPONDENT.

EXHIBIT P16 TRUE COPY OF THE RECEIPT ACKNOWLEDGING EXHIBIT P15.

EXHIBIT P17 TRUE COPY OF THE POLICE COMPLAINT DATED 05.03.2021 FILED WITH THE 9TH RESPONDENT.

EXHIBIT P18 TRUE COPY OF THE POLICE COMPLAINT DATED 06.03.2021 FILED WITH THE 9TH RESPONDENT.

EXHIBIT P19 TRUE COPY OF THE RECIEPT ACKNOWLEDGING EXHIBIT P18.

EXHIBIT P20 TRUE COPY OF THE POLICE COMPLAINT DATED 06.03.2021 FILED WITH THE 10TH RESPONDENT.

EXHIBIT P21 TRUE COPY OF THE ORDER DATED 15.02.2021 IN W.P.C NO. 29084 OF 2020.

EXHIBIT P22 TRUE COPY OF THE ORDER DATED 08.12.2020 IN W.P.C NO. 27186 OF 2020.

EXHIBIT P23 TRUE COPY OF THE ORDER DATED 09.12.2020 IN W.P.C NO. 27377 OF 2020.

EXHIBIT P24 TRUE COPY OF THE ORDER DATED 15.12.2020 IN W.P(C) NO. 27759 OF 2020.

RESPONDENTS' EXHIBITS: NIL