Kerala High Court
Eicl Limited vs Commissioner Of Police on 23 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943
WP(C) NO. 14188 OF 2020
PETITIONER:
EICL LIMITED.,
91/34, VELI, THIRUVANANTHAPURAM 695 021,
REPRESENTED BY ITS DEPUTY GENERAL MANAGER (H.R.
AND ADM.), SYAM.S.
BY ADVS.
P.RAMAKRISHNAN
SMT.PREETHI RAMAKRISHNAN (P-212)
SRI.T.C.KRISHNA
SRI.C.ANIL KUMAR
SMT.ASHA K.SHENOY
SRI.PRATAP ABRAHAM VARGHESE
RESPONDENTS:
1 CIRCLE INSPECTOR OF POLICE
PETTA POLICE STATION, PETTA, THIRUVANANTHAPURAM
695 024.
2 STATION HOUSE OFFICER,
PETTA POLICE STATION, PETTA, THIRUVANANTHAPURAM
695 024.
3 ENGLISH INDIAN CLAY FACTORY EMPLOYEES UNION,
VELI, THIRUVANANTHAPURAM, 695 021, REPRESENTED BY
ITS GENERAL SECRETARY, RAJENDRAN. C.
4 MANIKANDAN.V.,
CHOODAKUNNIL VEEDU,
MADHAVAPURAM, VELI, THIRUVANANTHAPURAM 695 021.
5 SUDHI K. PRASAD,
NARSA BHAVAN, CHOONDAKUNNU, MADHAVAPURAM, TTP
PO., THIRUVANANTHAPURAM, 695 021.
6 AJAYAKUMAR.K.,
TC 32/261, MADHAVAPURAM VELI, THIRUVANANTHAPURAM
695 021.
WP(C) 14188/2020 & conn.cases 2
7 SHAJAHAN.M.,
PULIMUTTAM, THOPPIL VEEDU, POUNDKADAVU, VELI,
THIRUVANANTHAPURAM 695 021.
8 PRADEEP KUMAR S.S.,
GEETHANJALI, SANGEETH NAGAR, THYCAUD P.O.
THIRUVANANTHAPURAM 695 014.
9 SUNILKUMAR.V.,
AMBALATHINKARA PUTHENVEEDU, CHERUVAIKAL SREEKARIYAM
P.O. THIRUVANANTHAPURAM 695 017.
10 ANIL KUMAR.K.,
ASHOKA BHAVAN, ALL SAINTS, BEACH P.O.
THIRUVANANTHAPURAM 695 007..
11 BIJU K.,
AMBILI BHAVAN, MADHAVAPURAM,
VELI, THIRUVANANTHAPURAM 695 021.
12 G. HARIKUTTAN,
PANDAVILAKATHU VEEDU, PATTATHINKARA, THONNAKAL P.O.
THIRUVANANTHAPURAM 695 317.
13 SHIBU.S.,
SHEEJA BHAVAN, MADHAVAPURAM, THIRUVANANTHAPURAM 695
021.
BY ADVS.
SRI.R.SUNIL KUMAR
SMT.A.SALINI LAL
SRI. E.C.BINEESH - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.09.2021, ALONG WITH WP(C)22046 OF 2020 AND CONNECTED
CASE, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) 14188/2020 & conn.cases 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943
WP(C) NO. 22046 OF 2020
PETITIONER:
EICL LIMITED
TC 91/34, VELI, THIRUVANANTHAPURAM 695 021
REPRESENTED BY ITS DEPUTY GENERAL MANAGER (H.R AND
ADM)) SYAM S.
BY ADVS.
P.RAMAKRISHNAN
SMT.PREETHI RAMAKRISHNAN (P-212)
SRI.T.C.KRISHNA
SRI.C.ANIL KUMAR
SMT.ASHA K.SHENOY
SRI.PRATAP ABRAHAM VARGHESE
RESPONDENTS:
1 COMMISSIONER OF POLICE
OFFICE OF THE COMMISSIONER OF POLICE, VAZHUTHACAUD,
THIRUVANANTHAPURAM 695 014
2 ASSISTANT COMMISSIONER OF POLICE,
SHANMUGHAM, THIRUVANANTHAPURAM 695 008
3 STATION HOUSE OFFICER,
PETTAH POLICE STATION, PETTAH, THIRUVANANTHAPURAM
695 008
4 TRIVANDRUM DISTRICT CLAY WORKERS UNION (CITU)
C/O. CITU DC OFFICE, REG. NO. 126/73, CHIRAKKULAM
ROAD, STATUE, THIRUVANANTHAPURAM 695 001
REPRESENTED BY ITS GENERAL SECRETARY.
5 EICL
MAZDOOR SANGHAM (BMS),M REG NO. 01-24-1998,
KARAMANA , THIRUVANANTHAPURAM 695 002 REPRESENTED
WP(C) 14188/2020 & conn.cases 4
BY ITS GENERAL SECRETARY.
6 ENGLISH INDIAN CLAYS EMPLOYEES CONGRESS (INTUC-I)
GINSALAYAM, KUNNUKUZHY ROAD, THIRUVANANTHAPURAM 695
035, REPRESENTED BY ITS PRESIDENT
7 ENGLISH INDIAN CLAY FACTORY EMPLOYEES UNION
(AFFILIATED TO UTUC REG NO. 01-20 OF 2012) VELI,
THIRUVANANTHAPURAM 695 021, REPRESENTED BY ITS
GENERAL SECRETARY.
BY ADVS.
SRI.SAMPATH V. TOMS
SRI.GOPAKUMAR R.THALIYAL
SRI.R.SUNIL KUMAR
SMT.A.SALINI LAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.09.2021, ALONG WITH WP(C) 14188 OF 2020 AND CONNECTED
CASE, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) 14188/2020 & conn.cases 5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943
WP(C) NO. 8061 OF 2021
PETITIONER:
EICL LIMITED
TC 91/34, VELI, THIRUVANANTHAPURAM - 695 021,
REPRESENTED BY ITS DEPUTY GENERAL MANAGER (H.R. AND
ADM. ), SYAM S.
BY ADVS.
P.RAMAKRISHNAN
SMT.PREETHI RAMAKRISHNAN (P-212)
SRI.T.C.KRISHNA
SRI.C.ANIL KUMAR
SMT.ASHA K.SHENOY
RESPONDENTS:
1 COMMISSIONER OF POLICE
OFFICE OF THE COMMISSIONER OF POLICE, VAZHUTHACAUD,
THIRUVANANTHAPURAM - 695 014.
2 ASSISTANT COMMISSIONER OF POLICE
SHANKUMUGHAM, THIRUVANANTHAPURAM - 695 008.
3 STATION HOUSE OFFICER
PETTAH POLICE STATION, PETTAH, THIRUVANANTHAPURAM -
695 008.
4 TRIVANDRUM DISTRICT CLAY WORKERS UNION (CITU)
C/O. CITU DC OFFICE, REG. NO.126/73, CHIRAKKULAM
ROAD, STATUE, THIRUVANANTHAPURAM - 695 001,
REPRESENTED BY ITS GENERAL SECRETARY.
5 EICL MAZDOOR SANGHAM (BMS)
REG.NO.01.24.1998, KARAMANA, THIRUVANANTHAPURAM -
695 002, REPRESENTED BY ITS GENERAL SECRETARY.
6 ENGLISH INDIA CLAYS EMPLOYEES CONGRESS
WP(C) 14188/2020 & conn.cases 6
(INTUC-I), GINSALAYAM, KUNNUKUZHY ROAD,
THIRUVANANTHAPURAM - 695 035, REPRESENTED BY ITS
PRESIDENT.
7 ENGLISH INDIA CLAY FACTORY EMPLOYEES UNION
(AFFILIATED TO UTUC REG. NO.01-20 OF 2012), VELI,
THIRUVANANTHAPURAM - 695 021, REPRESENTED BY ITS
GENERAL SECRETARY.
8 RAJENDRAN C.
S/O. CHINNA THAMPY CHETTIYAR, T. C. 79/1569, REMA
MANDIRAM, KARIKKAKOM, BEACH P. O.,
THIRUVANANTHAPURAM - 695 007.
BY ADVS.
SAMPATH V. TOMS
SRI.GOPAKUMAR R.THALIYAL
SRI.N.ANAND
AMBROSE JUDE DCRUZ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.09.2021, ALONG WITH WP(C) 14188 OF 2020 & CONNECTED
CASE, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) 14188/2020 & conn.cases 7
DEVAN RAMACHANDRAN, J.
===========================
WP(c)No.14188 of 2020, 22046 of 2020
& 8061 of 2021
===========================
Dated this the 23rd day of September, 2021
JUDGMENT
These three writ petitions have been filed by a company registered
under the provisions of the Companies Act, 1956.
2. Inherently, in all these cases, the allegation is that the
employees of the company are causing obstruction and are engaged in
fissiparous activities, thus impeding its functioning. The petitioner says
that, on account of severe deficit of raw materials and dearth of
resources, one of their factories have been now forced to be closed
down and that this has now caused a labour unrest, which is now
spiralling into threats and intimidations, including of violence and arson.
3. The petitioner says that, therefore, they have been constrained
to approach this Court through these three writ petitions, since even
when they faced severe intimidation, the competent police Authorities did
not take any action on their requests to provide protection.
4. Sri.P.Ramakrishnan, learned counsel for the petitioner,
supplemented the afore contentions saying that, in fact, his client has
already obtained a movement permit from the competent Geologist for
moving the 'waste sand and inflammables' presently remaining in their
factory at Veli to their factory at Thonnackal. He added that this has been
done because the said articles can be then sold or processed at the said
factory, which can earn upto Rs.20 lakhs to the company, with a profit of
atleast Rs.15 - 16 lakhs, after paying royalty to the Government. He
submitted that, however, even this is being now obstructed by the
employees and contended that this would provide them no gain, since
the articles would otherwise remain idle, without being put to use. He
therefore, prayed that these writ petitions be allowed and the party
respondents be directed not to cause any obstruction to the functioning
of the petitioner's offices; or to mete out threats and intimidation to the
managerial staff and their willing employees; or for the movement of the
afore "waste sand and inflammables".
5. In response, the learned counsel appearing for the party
respondents Sri.Sunikumar, Sri.Prajeesh M.P, and Sri.Sampath V.Tom
and Sri.N.Anand submitted that the afore assertions of
Sri.P.Ramakrishnan are not the whole truth, since even when the
employees are starving - one of them having even committed suicide -
the company is now attempting to make huge profits, but without
offering any part of it to their clients. They asserted that, contrary to the
statements made by the petitioner, the factory at Thonnackal has
registered huge profits, but that they still refused to pay the eligible
benefits to their employees. They added that the present attempt of the
company is to sell the sand calling it 'waste sand' and to possess the
'inflammables', thus earning huge profits, but still deny any payment to
the starving employees.
6. The learned counsel for the party respondents, thereafter,
accusingly submitted that, even though proceedings under the Industrial
Disputes Act, 1947 (ID Act) have been commenced and conciliation
proceedings are being proceeded under the aegis of the competent
statutory Authorities, for which even the Honourable Minister for
Industries has taken appreciable initiative, the petitioner is refusing to
co-operate by seeking adjournments every time. They contend that,
therefore, the unmistakable attempt of the petitioner is to avoid all
obligations towards their employees and to make a huge windfall for
themselves; and consequently prayed that these writ petitions be
dismissed.
7. However, to a pointed question from this Court, the learned
counsel for the party respondents submitted that their clients or the
members of the various Unions have not committed any act in violation
of law, and do not intend to do in future either; but that they have only
exercised their rightful means to redress through strikes and protests,
because they are now being put to unimaginable prejudice and duress,
being denied their lawful wages and benefits for the last several years.
8. The learned Government Pleader, Sri.E.C.Bineesh, made
submissions partly in affirmation of the contentions of the party
respondents saying that even though a notice dated 3.9.2021 had been
issued to the petitioner asking them to participate in the conciliation
proceedings, they refused to accede to it and caused a reply to it saying
that they will do so only after the 'Diwali festival'. The learned
Government Pleader submitted that this clearly shows the intransigent
attitude adopted by the petitioner; and therefore, prayed that, if this
Court is inclined to grant any relief in these writ petitions, then the
petitioner may also be directed to fully participate and co-operate in the
conciliation proceedings the date for which may be fixed by this Court.
9. I have carefully evaluated the afore rival contentions of the
parties and it is apodictic that, on one side, the petitioner company wants
to run their business without interference; while on the other, the
employees say that they have been denied their lawful benefits, including
salary. In fact as seen above, Sri.P.Ramakrishnan concedes that the
factories of the petitioner have not been run satisfactorily on account of
various factors, including lack of resources and unavailability of raw
materials; and obviously, therefore this would justify the subsisting
labour issue which require to be resolved under the provisions of the ID
Act.
10. There can be, therefore, no doubt that the petitioner must
concede and co-operate with the conciliation proceedings now attempted
under the ID Act and they cannot refuse to co-operate with it for any
reason whatsoever.
11. In such perspective, I asked Sri.P.Ramakrishnan whether his
client can keep apart a portion of the amount which they will receive by
sale of 'waste sand' and 'inflammables', to which he replied that these
issues may be left to the competent Authorities under the ID Act to
decide and he offered that this clients will appear before such authority
at 11 a.m. on 04.10.2021, so that the conciliation proceedings can go
on, provided the party respondents also accede to it.
12. When I take note of the afore submissions, I am certain that
the party respondents, for whatever be the reason, cannot be allowed to
take law into their own hands; or to commit any act in violation of law
and order; or in breach of it. However, their interests also require to be
protected and this Court is therefore, now enjoined to find a middle path
to balance these rival interests.
13. Resultantly, I allow these writ petitions, directing the
respondents - Station House Officers in these cases, to ensure that the
factories and assets of the petitioner, as also the lives of their staff and
willing employees are adequately and effectively protected from any act
of violence or threat or intimidation from any source, including from the
party respondents and their men and associates.
14. Needless to say, protection will also be offered to the petitioner
for the transport of the 'waste sand and inflammables' from their factory
at Veli to other places of their choice and it shall be ensured that, as and
when any complaint or obstruction is brought to their notice by the
petitioner, necessary action is taken and completed swiftly and quickly.
15. I, however, make it clear that the afore directions have been
issued on the specific understanding that the petitioner will co-operate
with the conciliation proceedings; and I consequently direct them and the
party respondents to appear before the competent Conciliation Officer at
11 a.m. on 04.10.2021, so that the process of conciliation then continue.
16. I further make it clear that when the afore proceedings are
continued, the competent authority will also decide whether any
additional amounts are required to be paid to the employees; and if so,
shall make sufficient provisions for the same, in terms of the ID Act
without any avoidable delay.
17. After I dictated this part of this judgment, Sri.E.C.Bineesh,
learned Government Pleader, intervened to say that the Hon'ble Minister
is himself heading the conciliation proceedings. He, therefore, prayed
that this may not be disturbed on account of the afore directions.
18. It is needless to say that if the Honourable Minister wants to
head the conciliation, he will be at full liberty to do so; and the
competent Authority, before whom the parties are to appear on
04.10.2021, can instruct them to appear before the Honourable Minister
for such purpose, which both sides will abide with - and I record that
their respective learned counsel have agreed and undertaken to do so.
These writ petitions are thus ordered.
Sd/-
DEVAN RAMACHANDRAN,
JUDGE
lgk
WP(C) 14188/2020 & conn.cases 13
APPENDIX OF WP(C) 14188/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF SETTLEMENT IN DATED 1/2/2020
ENTERED INTO BETWEEN THE PETITIONER AND
THE TRADE UNIONS REPRESENTING WORKMEN.
EXHIBIT P2 TRUE COPY OF LETTER DATED 26/5/2020 FROM
THE PETITIONER TO THE ADDITIONAL LABOUR
COMMISSIONER.
EXHIBIT P3 TRUE COPY OF NOTICE ISSUED BY THE 3RD
RESPONDENT.
EXHIBIT P4 TRUE COPY OF REPRESENTATION DATED
2/7/2020 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT.
EXHIBIT P5 TRUE COPY OF REPRESENTATION DATED
2/7/2020 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT.
APPENDIX OF WP(C) 22046/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF GOVERNMENT ORDER GO(MS) NO
60/2020/GAD DATED 4/4/2020
EXHIBIT P2 TRUE COPY OF INTERIM ORDER DATED 14-07-
2020 IN WP(C) NO. 14188/2020
EXHIBIT P3 TRUE COPY OF NOTICE DATED 10-08-2020
ISSUED BY THE PETITIONER.
EXHIBIT P4 TRUE COPY OF ORDER DATED 9-09-2020 ISSUED
BY THE DISTRICT GEOLOGIST,
THIRUVANANTHAPURAM
EXHIBIT P5 TRUE COPY OF NOTICE DATED 7-10-2020
ISSUED BY THE PETITIONER
EXHIBIT P6 TRUE COPY OF COMPLAINT DATED 12-10-2020
SUBMITTED BY THE PETITIONER BEFORE THE
4TH RESPONDENT STATION HOUSE OFFICER.
EXHIBIT P7 TRUE COPY OF REPRESENTATION DATED 12-10-
2020 SUBMITTED BY THE PETITIONER BEFORE
THE 1ST RESPONDENT.
WP(C) 14188/2020 & conn.cases 15
APPENDIX OF WP(C) 8061/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF GOVERNMENT ORDER GO (MS)
NO.60/2020/GAD DATED 4.4.2020.
EXHIBIT P2 TRUE COPY OF INTERIM ORDER DATED
14.07.2020 IN WP(C) NO.14188/2020.
EXHIBIT P3 TRUE COPY OF NOTICE DATED 10.08.2020
ISSUED BY THE PETITIONER.
EXHIBIT P4 TRUE COPY OF ORDER DATED 9.9.2020 ISSUED
BY THE DISTRICT GEOLOGIST,
THIRUVANANTHAPURAM.
EXHIBIT P5 TRUE COPY OF NOTICE DATED 7.10.2020
ISSUED BY THE PETITIONER.
EXHIBIT P6 TRUE COPY OF COMPLAINT DATED 9.10.2020
SUBMITTED BY THE PETITIONER BEFORE THE
3RD RESPONDENT STATION HOUSE OFFICER.
EXHIBIT P7 TRUE COPY OF REPRESENTATION DATED
12.10.2020 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT.
EXHIBIT P8 TRUE COPY OF INTERIM ORDER DATED
16.10.2020 IN WP(C) NO.22046/2020.
EXHIBIT P9 TRUE COPY OF JUDGMENT DATED 6.1.2021 IN
C.C.(C) NO.2132/2020.
EXHIBIT P10 TRUE COPY OF MINUTES OF THE MEETING HELD
ON 20.1.2021.
EXHIBIT P11 TRUE COPY OF MAIL SENT BY THE PETITIONER
TO THE LABOUR COMMISSIONER ON 23.02.2021.
EXHIBIT P12 TRUE COPY OF MOVEMENT PERMIT DATED
10.03.2021 ISSUED TO THE PETITIONER BY
THE DISTRICT GEOLOGIST,
THIRUVANANTHAPURAM.
EXHIBIT P13 TRUE COPY OF REPRESENTATION DATED
15.03.2021 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT.
EXHIBIT P14 TRUE COPY OF REPRESENTATION DATED
WP(C) 14188/2020 & conn.cases 16
15.03.2021 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT.
EXHIBIT P15 TRUE COPY OF REPRESENTATION DATED
15.03.2021 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT.
EXHIBIT P16 TRUE COPY OF REPRESENTATION DATED
22.03.2021 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT WITH COPIES TO
RESPONDENTS 1 AND 2.
Exhibit P17 TRUE COPY OF MINUTES OF THE MEETING HELD
BY THE HONOURABLE MINISTERS FOR LABOUR
AND EDUCATION ON 14/7/2021
Exhibit P18 TRUE COPY OF MOVEMENT PERMIT ISSUED BY
THE GOVERNMENT OF KERALA ON 27/7/2021
Exhibit P19 TRUE COPY OF AGREEMENT FOR THE SALE OF Q
SAND BETWEEN THE PETITIONER AND M/S L&T
CONSTRUCTION.
