Kerala High Court
Alapatt Marketing Company vs State Of Kerala on 9 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
WP(C) NO. 24154 OF 2021
PETITIONER:
M/S ALAPATT MARKETING COMPANY,
KUNDAYITHODU, POST KOLATHARA, KOZHIKODE - 673 655,
KERALA, REPRESENTED BY ITS MANAGING PARTNER.
BY ADVS.E.K.NANDAKUMAR (SR.)
M.GOPIKRISHNAN NAMBIAR
K.JOHN MATHAI
JOSON MANAVALAN
KURYAN THOMAS
PAULOSE C. ABRAHAM
RAJA KANNAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001, KERALA.
2 STATION HOUSE OFFICER, NALLALAM POLICE STATION,
H-17 BEAR POPULAR HYUNDAI AREEKKAD, NALLALAM,
KOZHIKODE - 673 027, KERALA.
3 COMMISSIONER OF POLICE, OFFICE OF COMMISSIONER OF
POLICE, MANANCHIRA, KOZHIKODE - 673 601, KERALA.
4 KOZHIKODE JILLA GOODS TRANSPORT WORKERS UNION (CITU)
FEROKE AREA COMMITTEE, FEROKE, KOZHIKODE - 673 631,
KERALA, REPRESENTED BY ITS SECRETARY.
5 VENUGOPALAN P., S/O.AYYAPPUTTY P., VARIYAM VEED,
KACHERIKUNNU, POKKUNNU P.O., MANKAVU,
KOZHIKODE - 673 007, KERALA.
6 SHAJI V. S/O.NARAYANAN, THEKKEVELLAKKATE, NR.NALLUR
NARAYANA L.P.SCHOOL, NALLUR, FEROKE, KOZHIKODE - 673
631, KERALA.
WP(C) NO. 24154 OF 2021
-2-
7 HAREESH K.T., S/O.NARAYANAN K.T., SREEHARI,
KAKKUR P.O., NANMINDA, KOZHIKODE - 673 613,
KERALA.
8 SHAJAHAN K.,
S/O.MOIDEEN, KAYANAYIL HOUSE, CHUNGAM,
KALLITHODI, FEROKE, KOZHIKODE - 673631, KERALA.
9 MANOJ KUMAR M.,
S/O.RAMANKUTTY, MANNUNGAL HOUSE, VADUVANCHAL
P.O., ANDOOR, THOMATTUCHAL, WAYANAD - 673 581,
KERALA.
10 SREEJITH T.,
THYKKOTTATHIL, BEACH ROAD, KADALUNDI P.O.,
KOZHIKODE - 673001, KERALA.
11 DISTRICT LABOUR OFFICER,
CIVIL STATION, MALAPARAMB, K/0ZHIKODE - 673 020,
KERALA.
SRI.E C.BINEESH - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.11.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 24154 OF 2021
-3-
JUDGMENT
The petitioner says that they are a Firm
engaged in the business of food product
distribution and are working as the Clearing and
Forwarding Agent for a company by name Parle
Product Private Ltd.
2. The petitioner say that they have 28
permanent employees on their rolls; but that on
account of the ongoing COVID-19 pandemic
restrictions, their business suffered
immeasurably, forcing them to issue Ext.P1 notice
for closing down the establishment, after
following due procedure and after clearing all
statutory dues to its employees.
3. The petitioner says that, however, six
among the employees refused to accept the closure
compensation and began obstructing the
functioning of the establishment and meted out
WP(C) NO. 24154 OF 2021
threats and intimidation to their managerial
staff, which forced them to prefer Exts.P5 and P6
complaints before respondents 2 and 3 respectively
seeking protection; but that since no action was
taken thereon, they have been constrained to
approach this Court through this writ petition.
4. I have heard Sri.Jaymohan - learned
counsel appearing for the petitioner and
Sri.E.C.Bineesh - learned Government Pleader
appearing for the official respondents.
5. Even though notices from this Court have
been validly served on respondents 4 to 10, they
have chosen not to be present in person or to be
represented through counsel; thus inferentially
guiding me to the impression that they have
nothing to offer in answer to the various
allegations made in this writ petition.
6. Sri.Jaymohan - learned counsel for the
WP(C) NO. 24154 OF 2021
petitioner, submitted that, though there were
obstructions and blockage created by the party
respondents at the time when this writ petition
was filed, subsequently, presumably being aware of
the filing of this writ petition, they have
removed the same; but prayed that the Police be
directed to afford protection to his client's
employees, since obstructionist activities at the
hands of the party respondents cannot be ruled out
in future.
7. Sri.E.C.Bineesh - learned Government
Pleader, also affirmed the afore submissions of
the learned counsel for the petitioner and added
that the Police are keeping a close vigil in the
area in question, to ensure that there are no
infractions of law and order and that no one is
allowed to breach peace, in any manner whatsoever.
8. Taking note of the afore submissions and
since the party respondents have kept away from
WP(C) NO. 24154 OF 2021
this court, I deem it appropriate to allow this
writ petition directing the 2nd respondent -
Station House Officer to ensure that law and order
is always maintained in the area where the
petitioner Firm is situated, without any breach of
peace being committed by any person, including the
party respondents or their men or associates.
Needless to say, if the petitioner is to make
any complaint regarding any conduct from any of
the party respondents or other persons with
respect to actions in violation of law, necessary
measures in law shall be taken by the 2 nd
respondent, swiftly and quickly, without any
avoidable delay.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 24154 OF 2021
APPENDIX OF WP(C) 24154/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOTICE DATED
25/10/2021 ISSUED TO ONE VENUGOPALAN P.
EXHIBIT P2 TRUE COPY NOTICE DATED 25/10/2021 GIVEN
BY THE PETITIONER UNDER SECTION 25 OF
THE INDUSTRIAL DISPUTES ACT 1947 TO THE
SECRETARY TO THE GOVT. OF KERALA,
DEPARTMENT OF LABOUR,
THIRUVANANTHAPURAM (WITHOUT ENCLOSURE)
EXHIBIT P3 TRUE COPY OF THE LETTER DATED
28/10/2021 (WITHOUT ENCLOSURES) ISSUED
BY THE PETITIONER TO THE LABOUR
COMMISSIONER, THIRUANANTHAPURAM.
EXHIBIT P4 TRUE COPY OF THE LETTER DATED
28/10/2021 (WITHOUT ENCLOSURES) ISSUED
BY THE PETITIONER TO THE 4TH RESPONDENT
UNION.
EXHIBIT P4(A) TRUE COPY OF THE NOTICE OF STRIKE
ISSUED BY THE 4TH RESPONDENT DATED
28/10/2021.
EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED
29/10/2021 SUBMITTED BY THE PETITIONER
TO THE 2ND RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE COMPLAINT DATED
29/10/2021 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
