Modus Logistics Private ... vs The District Police Chief ...
2022 Latest Caselaw 2620 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 11TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943
                        WP(C) NO. 28670 OF 2021
PETITIONERS:

    1     MODUS LOGISTICS PRIVATE LIMITED NO.305,
          ENTERPRISE CENTRE, NEHRU ROAD, VILEPARLEY EAST,
          MUMBAI, REPRESENTED BY ITS DIRECTOR,
          JACOB K.BABU, S/O.K.C.BABU.
    2     JACOB K.BABU,
          S/O.K.C.BABU, DIRECTOR,
          MODUS LOGISTICS PRIVATE LIMITED NO.305,
          ENTERPRISE CENTRE, NEHRU ROAD, VILEPARLEY EAST,
          MUMBAI, RESIDING AT 1/16 WEST HILL,
          KOZHIKODE-673 005.
          BY ADV M.SASINDRAN
RESPONDENTS:

    1     THE DISTRICT POLICE CHIEF (RURAL),
          ALUVA,ERNAKULAM DISTRICT-683 101.
    2     THE CIRCLE INSPECTOR OF POLICE, PARAVOOR,
          ERNAKULAM DISTRICT-683 513.
    3     THE SUB INSPECTOR OF POLICE,
          VARAPPUZHA, ERNAKULAM DISTRICT-683 517.
    4     JOY JOSEPH,
          GENERAL SECRETARY, PRIVATE MOTOR THOZHILALI UNION
          (AITUC), AITUC DISTRICT COUNCIL OFFICE,
          NEAR PUBLIC LIBRARY, T.D.ROAD, KOCHI-682 035.
    5     SHYAM JOSEPH,
          S/O.JOSEPH, VALAVATHU CHIRAYIL HOUSE,
          SANTHI NAGAR, 2ND STREET CHIRAKKAM
          SOUTH VARAPPUZHA P.O., ERNAKULAM DISTRICT, PIN-683 517.
    6     AJESH.O.K.,
          ODASSERI, KARINGAMTHURUTH, KONGORPPILLY P.O.,
          ERNAKULAM DISTRICT, PIN-683 518.
    7     AJAYAN,
          PUNCHAYIL, KOCHAL, KOONAMMAVE,
          ERNAKULAM DISTRICT, PIN-683 518.
    8     SONY.M.P.,
          MAROTTIKUDY, KAIPPATHUR, KALADY P.O.,
          ERNAKULAM DISTRICT, PIN-683 574.
    9     VIJESH.N.N.,
          NEDUMPARAMBIL HOUSE, KUZHUR P.O.,
          THRISSUR DISTRICT, PIN-680 734.
 WP(C) NO. 28670 OF 2021

                                  2

     10     BINU.M.K.,
            MANAPPARAMBIL, OLANAD, VARAPPUZHA,
            ERNAKULAM DISTRICT, PIN-683 517.
     11     SHYJU,
            SHYNY VILASAM MULAVANA, PADAPPAKARA P.O.,
            KOLLAM DISTRICT, PIN-691 503.
     12     SAJI.N.K.,
            MANAPPARAMBIL, OLANAD, VARAPPUZHA,
            ERNAKULAM DISTRICT, PIN-683 517.
     13     ADDL R13: THE ASSISTANT LABOUR OFFICER
            ASSISTANT LABOUR OFFICE, 2ND FLOOR, SOUTH EAST CORNER,
            MINI CIVIL STATION COMPLEX, COURT ROAD, NORTH PARAVUR,
            KERALA-683513

            (IS IMPLEADED AS PER ORDER DATED 11.03.2022 IS
            I.A.NO.2/2022)
            BY ADVS.
            T.B.GAFOOR
            P.M.MANOJ
            S.RUSSEL
            SRI.T.K.SHAJAHAN, SR.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 28670 OF 2021

                                       3




                                JUDGMENT

Dated this the 11th day of March, 2022

This writ petition is filed seeking directions to respondents 1 to 3 to

afford sufficient protection to the officers and workers in the godowns of

the different companies including ITC, Britania and Royal Enfield etc,

functioning within the building of the petitioner. It is submitted that the

petitioner is a company registered under the Companies Act which has a

godown and warehouse premises. It is submitted that the petitioner has

leased out the premises to different companies and that respondents 4 to

12 are obstructing and creating threat in the premises of the petitioner.

2. Detailed counter affidavits have been placed on record by

respondents 8 and 10. It is submitted that there are labour disputes

between the party respondents and the companies which are occupying

the property of the petitioner. It is submitted that the matters were referred

first to the police and thereafter to the Assistant Labour Officer for

conciliation and the matter is pending before the conciliation officer. It is

submitted that the party respondents are not causing any threat or

obstruction or doing any illegal acts in the premises in question. WP(C) NO. 28670 OF 2021

3. The learned Government Pleader submits that the police had

summoned the parties and on finding that there is a labour dispute in

existence, the matter was referred to the Assistant Labour Officer for

attempting a conciliation between the party respondents and the

companies which have leased out the premises belonging to the petitioner.

4. Having considered the contentions advanced and in view of the

submission that labour disputes are pending, I am of the opinion that it is

for the parties to attempt a conciliation in the matter before the

additionally impleaded 13th respondent. Appropriate steps shall be taken

in accordance with law. However, it is made clear that law and order shall

be maintained by respondents 1 to 3 and in case of any illegal acts or

attempts to attack or threaten any of the officers or employees of the

petitioner, the petitioner may inform the Station House Officer who shall

take appropriate action in accordance with law.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 28670 OF 2021

APPENDIX OF WP(C) 28670/2021

PETITIONER'S EXHIBITS:

Exhibit P1 A TRUE COPY OF THE LEASE AGREEMENT EXECUTED BETWEEN THE PETITIONER AND ITC DATED 21.09.2020.

Exhibit P2 A PHOTOGRAPH SHOWING THE INSTALLATION F FLEX BOARD.

Exhibit P3 A TRUE COPY OF THE COMPLAINT SENT BY THE PETITIONERS THROUGH E-MAIL DATED 08.12.2021 TO THE FIRST RESPONDENT SUPERINTENDENT OF POLICE.

Exhibit P4 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE FIRST PETITIONER DATED 07.12.2021 PREFERRED BEFORE THE 3RD RESPONDENT STATION HOUSE OFFICER.

Exhibit P4 (a) A TRUE COPY OF THE RECEIPT DATED 08.12.2021 ACKNOWLEDGING THE EXT.P4.

RESPONDENTS' EXHIBITS:

Exhibit R10(a) A TRUE COPY OF THE NOTICES PROVIDED TO THE LOGISTICS COMPANY WITH REGARD TO THE FORMATION OF THE TRADE UNION IN THE LETTER HEAD DATED 08.07.2020 Exhibit R10(b) A TRUE COPY OF THE DEMANDS RAISED BY THE TRADE UNION BY DEMAND LETTER DATED 29.08.2020 Exhibit R10(c) A TRUE COPY OF THE STRIKE NOTICE DATED 10.04.2021 Exhibit R10(d) A TRUE COPY OF THE COMPLAINT PREFERRED BEFORE THE DEPUTY LABOUR OFFICE 19.11.2021 Exhibit R10(e) A TRUE COPY OF THE STRIKE NOTICE DATED 19.11.2021 AND DEMAND NOTICE DATED 03.11.2021 Exhibit R10(f) A TRUE COPY OF THE STRIKE NOTICE DATED 19.11.2021 AND DEMAND NOTICE DATED 03.11.2021 Exhibit R10(g) A TRUE COPY OF THE CONCILIATION NOTICE HAVING NO.259/2021 DATED 25.11.2021 Exhibit R10(h) A TRUE COPY OF THE REPRESENTATION BEFORE THE DEPUTY LABOUR OFFICER, NORTH PARUR ON 13.12.2021 Exhibit R10(i) A TRUE COPY OF CONCILIATION NOTICE NO.332/2021 DATED 16.12.2021 WP(C) NO. 28670 OF 2021

Exhibit R8(a) A TRUE COPY OF THE NOTICES PROVIDED TO THE LOGISTICS COMPANY WITH REGARD TO THE FORMATION OF THE TRADE UNION IN THE LETTER HEAD DATED 08.07.2020 Exhibit R8(b) A TRUE COPY OF THE DEMANDS RAISED BY THE TRADE UNION BY DEMAND LETTER DATED 29.08.2020 Exhibit R8(c) A TRUE COPY OF THE STRIKE NOTICE DATED 10.04.2021 Exhibit R8(d) A TRUE COPY OF THE COMPLAINT PREFERRED BEFORE THE DEPUTY LABOUR OFFICE 19.11.2021 Exhibit R8(e) A TRUE COPY OF THE STRIKE NOTICE DATED 19.11.2021 AND DEMAND NOTICE DATED 03.11.2021 Exhibit R8(f) A TRUE COPY OF THE STRIKE NOTICE DATED 19.11.2021 AND DEMAND NOTICE DATED 03.11.2021 Exhibit R8(g) A TRUE COPY OF THE CONCILIATION NOTICE HAVING NO.259/2021 DATED 25.11.2021 Exhibit R8(h) A TRUE COPY OF THE REPRESENTATION BEFORE THE DEPUTY LABOUR OFFICER, NORTH PARUR ON 13.12.2021 Exhibit R8(i) A TRUE COPY OF CONCILIATION NOTICE NO.332/2021 DATED 16.12.2021