Kerala High Court

Modus Logistics Private Limited ... vs State Of Kerala on 24 May, 2023

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
           THE HONOURABLE MR.JUSTICE N.NAGARESH
  WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
                  WP(C) NO. 11409 OF 2023
PETITIONERS:

    1    MODUS LOGISTICS PRIVATE LIMITED NO.305
         ENTERPRISE CENTRE, NEHRU ROAD,
         VILEPARLEY EAST, MUMBAI, PIN - 400099
         REPRESENTED BY ITS DIRECTOR- JACOB K.BABU,
         S/O.K.C.BABU.
    2    GEEKOM LOGISTICS PRIVATE LIMITED
         JOY CHAMBERS, 3RD FLOOR, SERVICE ROAD,
         GEOPARLE (EAST), MUMBAI, PIN - 400057
         REPRESENTED BY ITS REGIONAL MANAGER.
    3    EMBEE LOGISTICS PRIVATE LIMITED
         TC-24/2507, PANDITS COLONY, KAWDIAR,
         THIRUVANANTHAPURAM, PIN - 695003
         REPRESENTED BY ITS PROPRIETOR

         BY ADVS.
         M.SASINDRAN
         T.S.BHARATH KRISHNA


RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY SECRETARY TO GOVERNMENT,
         DEPARTMENT OF INDUSTRIES, SECRETARIAT,
         THIRUVANANTHAPURAM., PIN - 695001
    2    THE DISTRICT POLICE CHIEF (RURAL), ALUVA,
         ERNAKULAM DISTRICT, PIN - 683101
    3    THE CIRCLE INSPECTOR OF POLICE, PARAVUR,
         ERNAKULAM DISTRICT, PIN - 683513
    4    THE CIRCLE INSPECTOR OF POLICE, VARAPPUZHA,
         ERNAKULAM DISTRICT, PIN - 683517
    5    THE SUB INSPECTOR OF POLICE, PARAVUR,
         ERNAKULAM DISTRICT - 683 513.
 WP(C) No.11409 of 2023

                            2


     6      THE SUB INSPECTOR OF POLICE, VARAPPUZHA,
            ERNAKULAM DISTRICT, PIN - 683517
     7      THE DISTRICT LABOUR OFFICER,
            ERNAKULAM, KOCHI., PIN - 682001
     8      THE ASSISTANT LABOUR OFFICER,
            NORTH PARAVUR, ERNAKULAM,
            KOCHI, PIN - 683513
     9      JOY JOSEPH
            GENERAL SECRETARY PRIVATE MOTOR THOZHILALI
            UNION (AITUC) AITUC DISTRICT COUNCIL OFFICE,
            NEAR PUBLIC LIBRARY T.D.ROAD,
            KOCHI, PIN - 682035
    10      SHYAM JOSEPH
            S/O. JOSEPH, VALAVATHU CHIRAYIL HOUSE,
            SANTHI NAGAR, 2ND STREET CHIRAKKAM SOUTH
            VARAPPUZHA.P.O., ERNAKULAM DISTRICT,
            PIN - 683517
    11      AJESH O.K.
            ODASSERI KARINGAMTHURUTH,
            KONGORPPILLY.P.O., ERNAKULAM DISTRICT,
            PIN - 683518
    12      AJAYAN
            PUNCHAYIL KOCHAL, KOONAMMAVE,
            ERNAKULAM DISTRICT, PIN - 683518
    13      SONY M.P.
            MAROTTIKUDY, KAIPPATHUR, KALADY.P.O.,
            ERNAKULAM DISTRICT, PIN - 683574
    14      VIJESH N.N.
            NEDUMPARAMBIL HOUSE, KUZHUR.P.O.,
            THRISSUR DISTRICT, PIN - 680734
    15      BINU M.K
            MANAPPARAMBIL, OLANAD,
            VARAPPUZHA, ERNAKULAM DISTRICT,
            PIN - 683517
    16      SHYJU
            SHINY VILASAM MULAVANA, PADAPPAKARA.P.O.,
            KOLLAM DISTRICT, PIN - 691503
    17      SAJI N.K.
            MANAPPARAMBIL OLANAD,
            VARAPPUZHA, ERNAKULAM DISTRICT,
            PIN - 683517
 WP(C) No.11409 of 2023

                            3


            BY ADVS.
            T B Gafoor
            P.M.MANOJ(K/2437/1999)
            S.RUSSEL(K/460/2001)
            P.ANTO THOMAS(K/911/2009)
            HAMZATH ALI V.K.(K/953/2021)
            SAFWAN K.(K/1735/2021)
            MEERA PRAKASH(K/001067/2022)
            SRI.RAJEEV JYOTHISH GEORGE, GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP   FOR
ADMISSION ON 24.05.2023, THE COURT ON THE SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) No.11409 of 2023

                               4




                            JUDGMENT

Dated this the 24th day of May, 2023

The petitioners approached this Court alleging that

respondents 9 to 17 are obstructing plying of vehicles

deployed by the petitioners for transporting goods from the

godown of the 1st petitioner situated in Alangad Panchayat.

2. The petitioners submitted that respondents 9 to 17

have no right to claim that they should be engaged or that

their vehicles should be hired for the purpose of transportation

of materials of the petitioners. Nevertheless, they are

obstructing the vehicles of the petitioners demanding that their

vehicles should be engaged for transportation.

3. Counsel entered appearance on behalf of

respondents 9 to 15 and 17. The counsel for respondents 9 to

15 and 17 submitted that they were engaged by the

petitioners as drivers initially and they were enticed by the WP(C) No.11409 of 2023

petitioners to purchase vehicles of their own. When the

petitioners purchased vehicles availing loans from various

quarters and reported for work, the petitioners have denied

employment to respondents 9 to 17. In fact, the petitioners

have cheated respondents 9 to 17. Conciliation is going on

and proceedings are initiated by the District Labour Officer,

Ernakulam. Respondents 9 to 17 do not intend to cause any

physical obstruction to the vehicles of the petitioners or the

functioning of their industrial unit. However, the petitioners

shall participate in the conciliation proceedings before the

District Labour Officer.

4. Taking into consideration the fact that the District

Labour Officer has initiated conciliation proceedings, it will be

only appropriate that the petitioners participate in such

proceedings. At the same time, respondents 9 to 17 have no

right to cause any physical obstructions to the vehicles

deployed by the petitioners or to the functioning of the

petitioners' industrial unit. The counsel for respondents 9 to 15 WP(C) No.11409 of 2023

and 17 pointed out that the petitioners have violated Clause 4

of Ext.P12 settlement.

5. The counsel for the petitioners emphatically denied

all the averments made in the counter affidavit filed by the

respondents. It is vehemently urged that the issue involved is

not a labour dispute and the District Labour Officer has no

right to conciliate the issue. I am of the view that if the

petitioners make this argument before the District Labour

Officer, the District Labour Officer shall consider the same and

only after taking a decision, he shall proceed with the

conciliation proceedings.

In the circumstances, the writ petition is disposed of

recording the statement made on behalf of respondents 9 to

15 and 17 that they do not intend to obstruct the vehicles of

the petitioners or the functioning of the petitioners' industrial

unit. If still there is obstruction from any quarters, the

petitioners shall approach respondents 5 or 6 and the said

respondents shall enquire into the matter and act in WP(C) No.11409 of 2023

accordance with law. This will be on a further condition that

the petitioners shall participate in the conciliation proceedings

that may be convened by the District Labour Officer.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.11409 of 2023

APPENDIX OF WP(C) 11409/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE LEASE AGREEMENT DATED 21-09-2020 EXECUTED BETWEEN THE PETITIONER AND THE ITC Exhibit P2 A TRUE COPY OF THE JUDGMENT DATED 11.3.2022 IN W.P.(C)NO. 28670 OF 2021 Exhibit P3 A TRUE COPY OF THE NOTICE DATED 16.12.2021 ISSUED BY THE DEPUTY LABOUR OFFICER TO THE PETITIONERS COMPANIES ALONG WITH OTHERS Exhibit P4 A TRUE COPY OF THE LETTER DATED 10.5.2022 SUBMITTED BY THE 2ND PETITIONER TO THE DEPUTY LABOUR OFFICER Exhibit P4(a) A TRUE COPY OF THE LETTER DATED 10.5.2022 SUBMITTED BY THE 3RD PETITIONER TO THE DEPUTY LABOUR OFFICER Exhibit P5 A TRUE COPY OF THE COMMUNICATION DATED 31.5.2022, ISSUED BY THE DEPUTY LABOUR OFFICER INTIMATING THE TRANSMITTING OF THE ISSUE TO THE ASSISTANT LABOUR OFFICER Exhibit P6 A TRUE COPY OF THE NOTICE DATED 1.6.2022 ISSUED BY THE 9TH RESPONDENT TO THE PETITIONERS Exhibit P7 A TRUE COPY OF THE PUBLIC NOTICE ISSUED BY THE ORGANIZATION OF THE 9TH RESPONDENT PUBLISHING THE STRIKE SCHEDULED ON 15-06-2022.

Exhibit P8 A TRUE COPY OF THE REPLY DATED 27.3.2021 SENT BY THE 2ND PETITIONER TO THE DISTRICT LABOUR OFFICER Exhibit P9 A TRUE COPY OF THE LORRY FREIGHT ADVANCE, THE RECEIPT SHOWING PAYMENT TO LORRIES DATED 30-03-2022 AND 01-04- 2022.

WP(C) No.11409 of 2023

Exhibit P9(a) A TRUE COPY OF THE LORRY FREIGHT ADVANCE, THE RECEIPT SHOWING PAYMENT TO LORRIES DATED 02-04-2022 AND 04-04- 2022.

Exhibit P9(b) A TRUE COPY OF THE LORRY FREIGHT ADVANCE, THE RECEIPT SHOWING PAYMENT TO LORRIES DATED 05-04-2022 AND 06-04- 2022.

Exhibit P10 A TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT OF LORRY CHARGES BY THE 3RD PETITIONER SHOWING THE VEHICLE NUMBER, DISTANCE OF TRANSPORTATION DATED 02- 04-2022 Exhibit P10(a) A TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT OF LORRY CHARGES BY THE 3RD PETITIONER SHOWING THE VEHICLE NUMBER, DISTANCE OF TRANSPORTATION DATED 04- 04-2022 Exhibit P11 A TRUE COPY OF THE JUDGMENT DATED 20-

06-2022 IN W.P.(C) 19214 OF 2022 Exhibit P12 A TRUE COPY OF THE MEMORANDUM OF SETTLEMENT DATED 13-07-2022 ISSUED BY THE 7TH RESPONDENT Exhibit P13 A TRUE COPY OF THE PHOTOGRAPH SHOWING THE STRIKE DECLARATION AND THE GESTURE OF INTERFERENCE BY THE 9TH RESPONDENT WITH HIS HENCHMEN, WHO ARE NOT AT ALL THE WORKERS Exhibit P13(a) A TRUE COPY OF THE PHOTOGRAPH SHOWING THE STRIKE DECLARATION AND THE GESTURE OF INTERFERENCE BY THE 9TH RESPONDENT WITH HIS HENCHMEN, WHO ARE NOT AT ALL THE WORKERS Exhibit P14 A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 08-11-2022 ISSUED BY THE 7TH RESPONDENT Exhibit P15 A TRUE COPY OF THE REPLY SUBMITTED BY THE 2ND PETITIONER DATED 08-12-2022 Exhibit P16 A TRUE COPY OF THE EMAIL COMMUNICATION ISSUED BY THE ITC COMMUNICATION, TO THE FIRST PETITIONER DATED 01-09-2022 WP(C) No.11409 of 2023

Exhibit P17 A TRUE COPY OF THE STRIKE NOTICE DATED 09-03-2023 ISSUED BY THE 9TH RESPONDENT Exhibit P18 A TRUE COPY OF THE COMPLAINT DATED 20-

03-2023 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT Exhibit P18(a) A TRUE COPY OF THE ACKNOWLEDGEMENT FOR RECEIPT OF THE EXT.P18 Exhibit P19 A TRUE COPY OF THE COMPLAINT DATED 20-

03-2023 SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT Exhibit 19(a) A TRUE COPY OF THE ACKNOWLEDGEMENT FOR RECEIPT OF THE EXT.P19 Exhibit P20 A TRUE COPY OF THE COMPLAINT DATED 20-