Kerala High Court
M/S. Arjuna Natural Pvt Ltd vs State Of Kerala on 22 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944
WP(C) NO.8470 OF 2022
PETITIONER :-
M/S.ARJUNA NATURAL PVT LTD.
P B NO.126, BANK ROAD, ALUVA-683 101,
REPRESENTED BY ITS MANAGING DIRECTOR,
MR. P J KUNJACHAN.
BY ADVS.
P.BENNY THOMAS
D.PREM KAMATH
TOM THOMAS (KAKKUZHIYIL)
ABEL TOM BENNY
JYOTHISH KRISHNA
KURIAN OOMMEN THERAKATH
JAIKRISHNAN.M.PISHARODI
RESPONDENTS :-
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, HOME DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 INSPECTOR OF POLICE
BINANIPURAM POLICE STATION, MUPPATHADAM,
KADUNGALLUR, PARAVUR, COCHIN-683 110.
3 STATION HOUSE OFFICER
ALUVA EAST POLICE STATION, ALUVA-683 101.
4 SUPERINTENDENT OF POLICE
ERNAKULAM RURAL, POWER HOUSE JUNCTION,
SUB JAIL ROAD, PERIYAR NAGAR, ALUVA-683 101.
5 ERNAKULAM DISTRICT INDUSTRIAL ESTATE MAZDOOR SANGH
REG NO.412/82, BMS OFFICE, UDYOGAMANDALAM-683 501
REPRESENTED BY ITS SECRETARY.
6 DISTRICT LABOUR OFFICER
OFFICE OF THE REGIONAL LABOUR COMMISSIONER,
CIVIL STATION, KAKKANAD, COCHIN-682 030.
BY ADVS.
P.RAMAKRISHNAN
WP(C) NO.8470 OF 2022
-: 2 :-
PREETHI RAMAKRISHNAN (P-212)
T.C.KRISHNA
C.ANIL KUMAR
ASHA K.SHENOY
PRATAP ABRAHAM VARGHESE
SRI.T.K.SHAJAHAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.03.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.8470 OF 2022
-: 3 :-
JUDGMENT
Dated this the 22nd day of March, 2022
This writ petition is filed seeking the following reliefs :-
"(i) issue a writ of mandamus or other appropriate writ, order
or direction, directing respondents 2 and 3 to afford
adequate and effective protection for free ingress and
egress of employees, customers, visitors and vehicles to
and from the petitioner's head office situated at PB
No.126, Bank Road, Aluva - 683 101 and at the factory
situated at Industrial Development Area, Binanipuram
P.O., Edayar, Aluva.
(ii) issue a writ of mandamus or other appropriate writ, order
or direction, directing respondents 2 and 3 to ensure that
law and order is strictly maintained inside and outside of
petitioner's office and factory premises in the event any
march, dharna, or demonstrations are taken out under
the leadership of 5th respondent union as threatened in
strike notice and the circular.
(iii) Directing respondents 2 and 3 to ensure that no Dharna
or other demonstrations take place within 200 metres
from all the entrance of the petitioner's head office at PB
No.126, Bank Road, Aluva-683 101 and at the factory on
16.03.2022 or on any other day."
2. Heard the learned counsel for the petitioner and the
learned Government Pleader as well as the learned counsel
appearing for the 5th respondent.
3. It is submitted by the learned counsel for the 5 th
respondent that the 5th respondent has raised certain labour
WP(C) NO.8470 OF 2022
disputes and that there is absolutely no intention to conduct any
dharna so as to block the functioning of the petitioner's
establishments or obstructing the way to his premises.
The interim order is, therefore, made absolute. The writ
petition is closed. The right of the 5 th respondent to raise disputes
with regard to labour issues is left open.
Sd/-
ANU SIVARAMAN
JUDGE
Jvt/24.3.2022
WP(C) NO.8470 OF 2022
APPENDIX OF WP(C) 8470/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE COMPLAINT DATED 21.02.2022
SUBMITTED BY THE PETITIONER.
Exhibit P2 TRUE COPY OF THE COMPANY SUBMITTED A DETAILED
COMPLAINT DATED 10.03.2022 BEFORE THE 3RD
RESPONDENT.
Exhibit P3 TRUE COPIES OF THE PHOTOGRAPHS OF FLAGS BOARDS
PLANTED BY THE 5TH RESPONDENT UNION INSIDE AND
OUTSIDE THE FACTORY.
