Vellappally Natesan vs T. Narayanan Ips
2021 Latest Caselaw 21033 Ker

CON.CASE(C) NO.1532 OF 2021       1



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
                  CON.CASE(C) NO. 1532 OF 2021
PETITIONER/1ST PETITIONER:

           VELLAPPALLY NATESAN
           AGED 84 YEARS

           S/O.LATE KESAVAN, CHAIRMAN, SREE NARAYANA TRUST
           MEDICAL MISSION, KADANMUKKU, KOLLAM-691 001

           BY ADVS.
           S.SREEKUMAR (SR.)
           AJAY BEN JOSE(K/729/2012)



RESPONDENTS/RESPONDENTS 2,3,6 TO 10 AND 12 TO 13:

    1      MR.T. NARAYANAN IPS
           THE COMMISSIONER OF POLICE, KOLLAM CITY,

           PIN-691 008

    2      MR.RATHEESH R
           THE STATION HOUSE OFFICER, KOLLAM, EAST POLICE
           STATION, KOLLAM-691 001

    3      SRI.G.JAYAPRASKAH.P.,
           PRESIDENT ,PRIVATE HOSPITAL EMPLOYEES ASSOCIATION
           OF KERALA (INTUC) MUNDAKKAL, KOLLAM-691 010

    4      SRI.S.RAJMOHAN,
           GENERAL SECRETARY, PRIVATE HOSPITAL EMPLOYEES
           UNION, CITU BHAVAN, KOLLAM-691 010

    5      ADV.FRANCY JOHN
           GENERAL SECRETARY, KERALA PRIVATE HOSPITAL
           EMPLOYEES FEDERATION UTUC, CURZON ROAD,

           KOLLAM-691 010
 CON.CASE(C) NO.1532 OF 2021    2



    6    MR.JAYABALAN.V.
         VAYALIL PURAYIDOM, SASTHRI JUNCTION,

         KOLLAM-691 001

    7    MR.SANKARAN.K.
         MUNICIPAL COLONY, KAPPALANDIMUKKU, POLAYATHODU,
         KOLLAM-691 001

    8    SMT.PREMA.R.
         UDYA BHAVAN, CHERUMMOODU, VELLIMON P.O., KUNDARA-
         691 511

    9    SMT. SOBHANAKUSAN.P.
         THOPPIL HOUSE, KOTTAKKAKOM WARD, KOLLAM-691 013

   10    MR.SUNIL LAL.S.
         ARIYA BHAVAN, CHENTHAPUR, KODALI JUNCTION, KOLLAM-
         691 577

   11    SMT. MANJU.V.
         LEKSHMI VILASOM, VILAKKUVATTOM P.O.,

         PUNALUR-691 312

   12    SMT.AMBILY.S.
         SREE BHAVAN, MUSALIYAR NAGAR-5, KILIKOLLOR,
         KOLLAM-691 004

   13    SMT.SHEEJA.D.
         VENU NIVAS, MURUNTHAL-B, ANCHALUMOODU, PERINADU
         P.O., KOLLAM-691 601

   14    SMT.ANITHA.P.
         VENGASSERIL PADINJATTATHIL , KILIKOLLOR P.O.,
         KOLLAM-691 004

   15    MR.SAJITH.K.,
         POLACHIRA VAYALIL VEEDU, SASTHRI JUNCTION,
         KADAPPAKKADA, KOLLAM-691 001

   16    SMT.SUJA.T.
         PRANAVIYA, MEKONE JUMA MASJID, KOLLAM-691 014

   17    SMT. BABITHA.S.
         PULIYATHUVEEDU, KILIKOLLOR P.O., MANDRIKAPURAM
 CON.CASE(C) NO.1532 OF 2021     3



         P.O., KOLLAM-691 004

   18    SMT.AMBILI.C.
         PLAVILAYIL VEEDU, PRAKKULAM P.O., KOLLAM-691 602

   19    SMT.RAJEE.S.
         KIZHAKKEVILA, NEERAVIL, PERINADU, KOLLAM-691 601

   20    SMT.REJANI.B.,
         SIVADASA ABHAVANAM, PRIYADERSINI NAGAR, MANGAD,
         KOLLAM-691 015

   21    SMT.JANUNA.R.
         VARAVALATHU PADINJATTATHIL, UYLIYAKOVIL,

         KOLLAM-691 019

   22    SMT.SINDHU.R.
         LEKSHMI NIVAS, ULIYAKOVIL.P.O., KOLLAM-691 019

   23    SMT.PRESENNA.K.
         AMBIYIL, CHAVARA, PANMANA-691 583

   24    SMT.SINDHU.S.
         (IIBTCH), VELLAMANALIL, ULIYAKOVIL-1,

         KOLLAM-691 019

   25    SMT.SHERLY.R.
         OMANA VILASOM, PARAVATHUR P.O.,-689 696

   26    SMT.KUMARI LATHA.O.,
         LATHA BHAVANAM, VIVEKANANDA, KUREEPUZHA, KAVANAD-
         691 003

   27    SMT.PREETHA.R.
         MANIYATHUVILA PUTHUVEL, PEZHUMTHURUTHU, POERUMON
         P.O., KOLLAM-691 606

   28    SMT. ANNAMMA.P.
         AMBALAVILA PUTHEN VEEDU, PERUMPUZHA P.O.,
         PUNUKKANNUR-691 504

   29    SMT.JIJI.I.
         LEKSHMI NIVAS, SREE BHADRA NAGAR-175,
 CON.CASE(C) NO.1532 OF 2021    4



         KOLLAM-691 019

   30    SMT. BINDHU.R.
         KAKKIDIVILA VEEDU, AYATHIL P.O., KOLLAM-691 021

   31    SMT.SHEEJA.T.,
         THAYYIL KAYALVARAM, MANGADU P.O., KOLLAM-691 015

   32    SMT.SAJIMOL.S.R.
         SANTHOSH BHAVAN, KILIKOLLOOR P.O., KOLLAM-691 004

   33    SMT.JALAJAKUMARI.S.,
         KINARUVILAKKADA, KILIKOLLOOR,KOLLAM-691 004

   34    SMT.SIJI.P.S.,
         LEKSHMI NIVAS, CHAKKARATHOPPU P.O.,KOLLAM-691 014

   35    SMT.SUKUMARI.A.,
         SARADA BHAVAN, MCR 139, ANCHUKALLUMMOODU,
         THIRUMULLAVARAM P.O., KOLLAM-691 012

   36    SMT.LEENA V.S.
         AMRUTHAKRIPA, THEKKEVILA P.O., KOLLAM-691 016

   37    SMT.AMBILI.A.
         CHAKKAVILA VEEDU, ERATHU KULAKKADA, KULAKKADA
         P.O., KOTTARAKKARA-691 521

   38    SMT.JAYASREE.R.
         VARIVAYAL, PATTATHANAM WEST, KOLLAM-691 021

   39    SMT.REENI THOMAS,
         THAIVILAKATHU VEEDU, THEKKEMURI, EAST KALLADA,
         KUNDARA-691 502

   40    SMT.ANITHAKUMARI.P.,
         CHERU KANJIRAM VILA VEEDU, VELLIMON P.O., KOLLAM-
         691 014

   41    SMT.RAJALEKSHMI.T.,
         LEELA BHAVAN, KUZHIYAM SOUTH, CHANDANATHOPPU,
         KOLLAM-691 014

   42    SMT.SUMA.C.,
         PADINJATTEVILA VEEDU, PERUMPUZHA P.O.,
 CON.CASE(C) NO.1532 OF 2021     5



         KUNDARA-691 504

   43    SMT.SANTHI.P.,
         ARACKAL HOUSE, CHAVARA P.O., KOLLAM-691 583

   44    SMT. MINI.K.A.,
         SREETHILAYAM, VELLIMON P.O., KERALAPURAM-691 511

   45    SMT.AMBILI.P.T.
         RAJ BHAVAN, EDAMON P.O., EDAMON-34,PIN-691 307

         BY ADVS.

         SHRI.N.MANOJ KUMAR, STATE ATTORNEY
         M.RAJENDRAN NAIR
         M.SANTHY


     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.10.2021, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 CON.CASE(C) NO.1532 OF 2021                  6




                                 JUDGMENT

Alleging willful non-compliance of the directions issued by this Court

in the judgment dated 28.1.2021 in W.P (C) No. 27849 of 2020, the instant

contempt case is preferred by the petitioner.

2. The writ petition was filed seeking police protection to carry

out the functioning of the the SIMS SMS Hospital, Kollam, without any

hindrance or obstruction from the members of the three Unions arrayed as

respondents 3 to 5 in the writ petition, their men or agents including the

retrenched employees, who were engaged in a strike within the compound

of the hospital.

3. After hearing the rival submissions, this Court, while

recognising the right of the workers to conduct a peaceful strike to redress

their legitimate grievances, directed the respondents 6 to 13 in the writ

petition to remove themselves and the shed put up inside the hospital

premises and relocate themselves by the side of the Kuravanpalam road on

the western side of the hospital, without causing any obstruction to the

traffic, the neighbouring residents and without preventing access to the

Sanker's Institute of Medical Sciences. The official respondents were

directed to ensure that law and order is maintained and no obstruction is

caused to the peaceful running of the hospital by the party respondents.

The party respondents were also ordered not to obstruct or intimidate any

of the willing employees, paramedical staff, doctors, patients and visitors.

4. The petitioner asserts that on 21.8.2021, on the day of 'Thiru

Onam', the respondents 6 to 45, at the instigation of respondents 3 to 5

conducted a 'dharna' and assembled outside the western entrance on the

western compound wall and cooked rice in separate pots as a protest by

calling the said misadventure, 'Pattini Kanji Samaram'. It is also asserted

that the respondents 6 to 45 had threatened, shouted slogans at the

patients and employees entering the hospital, and thus obstructed them

from entering into the hospital. They are also alleged to have used

loudspeakers causing hindrance to the patients and disturbing the peaceful

atmosphere inside the hospital. It is contended that the acts committed by

the party respondents in obstructing the ingress into the hospital are a

blatant violation of the directions issued by this Court. It is on these

grounds that this Contempt Case is filed seeking initiation of action against

the respondents.

5. A statement has been filed by the Inspector of Police, Kollam,

East Police Station refuting the contentions. It is stated that in tune with

the directions issued by this Court, the agitators had relocated the shed

from inside the hospital premises to the side of Kuravanpalam road. On

21.8.2021, pursuant to the announcement of conduct of a dharna on

Thiruvonam day, sufficient number of police personnel were posted to

ensure that law and order is maintained and no obstruction is caused to

the peaceful running of the hospital. None of the doctors, patients,

employees or paramedical staff was obstructed by the workers. The

visuals were recorded and telecasted by various online channels.

6. A counter affidavit has also been filed by the 4th respondent

denying all the allegations.

7. I have considered the submissions advanced.

8. While disposing of the writ petition, this Court, taking note of

the facts and circumstances, had observed that the workers do have the

right to strike against acts that they perceive as oppressive and for

securing better conditions of service. However, since the strike was being

carried out inside the hospital premises, the striking workers were directed

to relocate themselves outside the hospital compound and engage in their

acts without causing any obstruction to the traffic, the neighbouring

residents, and without preventing access to the hospital. There is no

dispute with regard to the fact that the striking workers have relocated

outside the hospital premises in obedience to the directions issued. The

cause for initiation of the instant proceeding is the alleged incident which

took place on 21.8.2021. When the petitioner asserts that the workers

threatened the patients, staff, doctors and willing employees and

obstructed the entry to the hospital, the official respondents and the party

respondents strenuously refute the said allegation. However, both sides

admit that on 21.8.2021, the workers conducted a dharna outside the

compound wall and cooked rice in individual pots. In the contempt case,

since it is asserted that the petitioner is in possession of video clippings

which would substantiate their case that the respondents have flouted the

directions and the police did not move a finger, the same was ordered to

be produced. Sri. S. Sreekumar, the learned Senior counsel appearing for

the petitioner has made available a pendrive containing several video clips

and photographs to substantiate that the respondents have obstructed the

entry into the hospital and violated the directions issued by this Court. The

pendrive shall form part of the record.

9. I have carefully gone through the video clippings and the

photographs. It is seen from the clippings that some women workers have

put up clay pots outside the hospital premises and by the side of the wall

on the southern side and they appear to be cooking rice. They are standing

in a neat row and vehicles are seen entering and exiting the building

without any obstruction. The police personnel are also seen present. It

does not appear from the clippings that they were in a boisterous mood or

that they were causing obstruction or harassment as alleged in the

petition.

In that view of the matter, I am not satisfied that the petitioner has

made out a case for initiating contempt proceedings against the

respondents. While closing the contempt case, I direct the respondents to

ensure that the directions in the judgment are not flouted.

This contempt case is closed.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE DSV

APPENDIX OF CON.CASE(C) 1532/2021

PETITIONER'S ANNEXURE

Annexure I CERTIFIED COPY OF THE JUDGMENT DATED 28.01.2021 IN WPC NO.27849 OF 2020 OF THIS HON'BLE COURT

Annexure II TRUE COPY OF SUMMONS IN I.D.NO.50 OF 2021 OF LABOUR COURT, KOLLAM DATED 10.07.2021 ISSUED TO THE PETITIONER