Kerala High Court

Augustan Textile Colours vs Balasubramanian.A on 4 June, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
         TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
                          WP(C) NO. 17172 OF 2024
PETITIONER:

              AUGUSTAN GARMENTS PRIVATE LIMITED
              MALAMPUZHA ROAD, KANJIKODE WEST, PALAKKAD, REPRESENTED BY
              ITS MANAGER HR, PRAVEENKUMAR N., PIN - 678623
              BY ADVS.
              P.RAMAKRISHNAN
              PREETHI RAMAKRISHNAN (P-212)
              PRATAP ABRAHAM VARGHESE
              MANOJKUMAR G.
              ASHOK MENON


RESPONDENTS:

     1        BALASUBRAMANIAN. A
              SECRETARY, INTUC, POORAMPARAMBU HOUSE, PARAMBU ROAD,
              PUDUSSERY, PALAKKAD, PIN - 678623
     2        R.RAVEENDRAN
              SECRETARY, BMS, PANANKAVU KALAM, PATTANCHERY, PALAKKAD,
              PIN - 678532
     3        K.SURESH
              SECRETARY, CITU, KANJIKODE WEST, PALAKKAD, PIN - 678623
     4        THE STATION HOUSE OFFICER
              KASABA POLICE STATION, PUDUSSERY, PALAKKAD, PIN - 678623
              BY ADV BINOY VASUDEVAN

              SMT. REKHA C.NAIR, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.06.2024, ALONG WITH WP(C).19051/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
     WP(C) Nos.17172/2024, 19051/2024
                                  2



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
         TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
                          WP(C) NO. 19051 OF 2024
PETITIONER:

              AUGUSTAN TEXTILE COLOURS
              (A UNIT OF AUGUSTAN KNIT WEAR PRIVATE LTD) MALAMPUZHA
              ROAD, KANJIKODE WEST, PALAKKAD - 678623, REPRESENTED BY
              ITS MANAGER HR, PRAVEENKUMAR N., PIN - 678623
              BY ADVS.
              P.RAMAKRISHNAN
              PREETHI RAMAKRISHNAN (P-212)
              PRATAP ABRAHAM VARGHESE
              MANOJKUMAR G.
              ASHOK MENON


RESPONDENTS:

     1        BALASUBRAMANIAN.A
              SECRETARY, INTUC, POORAMPARAMBU HOUSE, PARAMBU ROAD,
              PUDUSSERY, PALAKKAD, PIN - 678623
     2        R.RAVEENDRAN
              SECRETARY, BMS, PANANKAVU KALAM, PATTANCHERY, PALAKKAD,
              PIN - 678532
     3        K.SURESH
              SECRETARY, CITU, KANJIKODE WEST, PALAKKAD, PIN - 678623
     4        THE STATION HOUSE OFFICER
              KASABA POLICE STATION, PUDUSSERY, PALAKKAD, PIN - 678623
              BY ADVS.
              BINOY VASUDEVAN
              SREEJITH SREENATH(K/000508/2018)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.06.2024, ALONG WITH WP(C).17172/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) Nos.17172/2024, 19051/2024
                              3



                            JUDGMENT

The petitioners in these two cases are

stated to be "sister concerns" with one of them,

namely the petitioner in WP(C)No.17172/2024,

being a company registered under the provisions

of the Companies Act.

2. Sri.P.Ramakrishnan - learned counsel

appearing for the petitioners, submitted that

the petitioner in WP(C)No.19051/2024 is facing

extreme financial crisis and therefore, had to

legally declare a lockout, which appears to have

infuriated the party respondents therein, who

started causing obstruction to its functioning

and also meting out threats and intimidation to

them, making untenable demands. He then added

that, as far as the petitioner in

WP(C)No.17172/2024 is concerned, since its

factory is also functioning in the same premises WP(C) Nos.17172/2024, 19051/2024

as that of the aforementioned writ petitioner,

the party respondents have begun obstructing its

functioning as well, and are thus acting

illegally and unlawfully.

3. Sri.P.Ramakrishnan - further submitted

that the threats, intimidation and violent

obstructions have reached such a situation, that

it is impossible for either of the companies or

its management to even enter the premises, much

less to function there; and therefore, that they

were constrained to approach the police through

petitions seeking protection, but which has not

been acceded to until now, presumably on account

of the political influence of the party

respondents. He, therefore, prayed that these

Writ Petitions be allowed and the police be

directed to afford adequate and effective

protection to his clients.

4. In response, however, Sri.Binoy WP(C) Nos.17172/2024, 19051/2024

Vasudevan- learned counsel for the party

respondents in both these cases, submitted that

the petitioners have approached this Court with

extremely confutative motive, in order to

frustrate the livelihood and well being of the

numerous number of workers, who are employed by

them. He added that the lockout declared by the

petitioner in WP(C)No.19051/2024 is illegal,

thereby, denying illegally employment to the

large number of employees there; and that this

has now caused the inevitable reaction of all

the employees being on strike; but peacefully

sitting in a Dharna, impelling their difficult

situation. He asserted that the attempts of the

petitioner, however, is to even put this down by

violent means, using the police. He concluded

saying that, in fact, his clients have already

invoked the available provisions of law against

the petitioners, before the jurisdictional WP(C) Nos.17172/2024, 19051/2024

labour officers, but that the latter in refusing

to co-operate; and therefore, having been left

without any other option, but to continue with

their protest, which they are legally entitled

to do. He thus prayed that this Writ Petition be

dismissed.

5. Smt.Rekha C.Nair - learned Senior

Government Pleader, submitted that the police

cannot intervene in the internecine disputes

between the parties because they are in the

realm of labour jurisprudence. She added that,

however, the police are ensuring that none of

the parties are allowed to take law into their

own hands or to commit any action of violence on

each other; and thus that they have acted,

within the confines of duties enjoined to him.

6. When one considers the afore rival

position, it is clear that, whatever be the

disputes the parties may have against each WP(C) Nos.17172/2024, 19051/2024

other; they cannot be allowed to unleash

violence on one another, or to met out threats

and intimidation. No excuse can justify the use

of force, or the violation of law, or infraction

of peace, though the party respondents may have

the right to strike as per the provisions of law

and to impel activities which are within the

confines of the statutory perimeters. Beyond

this, they cannot do, anything in defiance of

the law and order.

7. Since the afore are completely accepted

by the parties and since Sri.Binoy Vasudevan, on

behalf of the party respondents, say that his

clients have not engaged in any act of

obstruction or violence, I am certain that this

Court is now obligated to dispose of these Writ

Petitions with the following directions:

a) These Writ Petitions are allowed; with a

consequential direction to the Station House WP(C) Nos.17172/2024, 19051/2024

Officer, Kasaba Police Station, Palakkad, to

ensure that the petitioners are adequately

protected from every threat from every source;

and that any internecine disputes between the

parties do not degenerate into law and order

issues. They will however, not intervene in such

disputes, but only make sure that none of the

parties commit any action which is in violation

of peace. The police shall also continuously

maintain the law and order in the area and

ensure that the ingress and egress to the

factories owned by the two petitioners are not

blocked on account of any protest, or such other

activity, by the party respondents and their

men.

b) As far as the party respondents are

concerned, their right to invoke remedies under

law, as also to continue their strike and other

protest, as far as it is done peacefully, are WP(C) Nos.17172/2024, 19051/2024

left open; however, cautioning the parties that

any violation of the afore directions will

certainly visit them with necessary

consequences, which should be taken cognizance

of by the police Authorities without fail.

After I dictated this part of judgment,

Sri.P.Ramakrishnan submitted that the petitioner in

products, which requires to be now moved out; but

that it is being obstructed by the party

respondents. Sri.Binoy Vasudevan - learned counsel

for the party respondents, however, submitted that

this submission is inaccurate and his clients never

has committed any such obstruction. I, therefore,

record the afore submissions of Sri.Binoy Vasudevan

and direct the police to ensure that they are not

violated.

As parting observation, I must record that,

since the party respondents say that they have WP(C) Nos.17172/2024, 19051/2024

invoked legal remedies, it is also for the

petitioners to co-operate with the same since it is

in their interest also, that industrial peace is

maintained to the extent possible; especially since

all are expected to act as per the dictates of law.

Hence, I also direct them to do so, subject to

their available rights.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS WP(C) Nos.17172/2024, 19051/2024

PETITIONER'S EXHIBITS:

Exhibit P-1 TRUE COPY OF FACTORY LICENSE ISSUED BY THE DEPARTMENT OF FACTORIES AND BOILERS IN RESPECT OF THE PETITIONER'S FACTORY ON 31/1/2020 Exhibit P-2 TRUE COPY OF INTERIM ORDER DATED 10/5/2024 IN WP (C) NO. 17172 OF 2024.

Exhibit P-3 TRUE COPY OF REPRESENTATION DATED 22/5/2024 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT WP(C) Nos.17172/2024, 19051/2024

APPENDIX OF WP(C) 17172/2024

PETITIONER'S EXHIBITS:

Exhibit P-1 TRUE COPY OF GST REGISTRATION CERTIFICATE ISSUED IN RESPECT OF THE PETITIONER'S ESTABLISHMENT Exhibit P-2 PHOTOGRAPH WHICH WOULD DEPICT THE BLOCKADE MADE BY RESPONDENTS 1 TO 3 AT THE GATE OF THE PETITIONER'S FACTORY Exhibit P-3 TRUE COPY OF REQUEST DATED 4/5/2024 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT Exhibit P-4 TRUE COPY OF FIR NO. 0396 DATED 14/5/2024 OF MALAMPUZHA POLICE STATION Exhibit P-5 TRUE COPY OF FIR NO. 0362 DATED 16/5/2024 OF PALAKKAD CUSBA POLICE STATION.

RESPONDENTS' EXHIBITS:

Exhibit R-1 (a) TRUE COPY OF THE MEMORANDUM OF SETTLEMENT EXECUTED AS EARLY AS 02.10.2020 VALID FROM 01.07.2019 TO 30.06.2023 Exhibit R-1 (b) TRUE COPY OF THE REQUEST SUBMITTED BY RESPONDENTS 1 TO 3 BEFORE THE MANAGEMENT OF AUGUSTAN TEXTILE COLOURS DATED 17-6-2023 Exhibit R-1 (c) TRUE COPY OF THE NOTICE ISSUED BY AUGUSTAN TEXTILE COLOURS DATED 12.02.2004 Exhibit R-1 (d) TRUE COPY OF THE REQUEST DATED 20.02.2024 Exhibit R-1 (e) TRUE COPY OF THE PUBLIC NOTICE DATED 10.04.2024 Exhibit R-1 (f) TRUE COPY OF THE NOTICE AFFIXED IN THE GATE OF THE COMPANY DATED 23.04.2024 Exhibit R-1 (g) TRUE COPY OF THE REQUEST DATED 23.04.2024 SUBMITTED BY THE PALAKKAD DISTRICT TEXTILE MAZDOOR SANGHAM BEFORE THE DISTRICT LABOUR OFFICER, PALAKKAD Exhibit R-1 (h) TRUE COPY OF THE MINUTES OF THE CONCILIATION MEETING DATED 29.04.2024 CONVENED BY THE DISTRICT LABOUR OFFICER, PALAKKAD Exhibit R-1 (i) TRUE COPY OF THE MINUTES OF THE MEETING DATED 15.05.2024