Kerala High Court
Sree Lakshmi Enterprises vs State Of Kerala on 5 September, 2024
2024:KER:67431
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 5TH DAY OF SEPTEMBER 2024/14TH BHADRA, 1946
WP(C) NO. 28333 OF 2021
PETITIONER:
SREE LAKSHMI ENTERPRISES,
HOUSE NO 1/1035, AYYAPPANKAVU,
KARINGARAPPULLY, PALAKKAD - 678 007,
REPRESENTED BY ITS AUTHORISED SIGNATORY
MR GOPAKUMAR C.S.
BY ADVS.
P.BENNY THOMAS
D.PREM KAMATH
TOM THOMAS (KAKKUZHIYIL)
ABEL TOM BENNY
JYOTHISH KRISHNA
KURIAN OOMMEN THERAKATH
JAIKRISHNAN.M.PISHARODI
SRUTHY J. MAMPILLY
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, HOME DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE SUPERINTENDENT OF POLICE,
OFFICE OF THE SUPERINTENDENT OF POLICE,
PALAKKAD, KERALA - 678 014.
3 KERALA SAMSTHAN MOBILE PHONE TOWER EMPLOYEES UNION
(CITU),
REG NO 13/04/2014 KANNAN SMARAKA HALL,
KANNUR - 670 001, REPRESENTED BY ITS GENERAL SECRETARY,
MR K. MANOHARAN.
W.P.(C).No.28333 of 2021
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4 BHARATHIYA PRIVATE TELECOM,
MAZDOOR SANGH (BMS), MARAYIL LANE CHITTOOR ROAD,
COCHIN - 682 018, REPRESENTED BY ITS GENERAL SECRETARY
MR SIBY VARGHESE.
5 INDUS TOWERS LIMITED,
8TH FLOOR, VANKARATH TOERS, NH BYPASS,
PALARIVATTOM, COCHIN - 682 024,
REPRESENTED BY ITS MANAGER.
6 ASSISTANT LABOUR OFFICER,
OFFICE OF THE DEPUTY CHIEF LABOUR COMMISSIONER
(CENTRAL), KENDRIYA SHRAM SADAR, KAKKANAD,
COCHIN - 682 030.
BY ADVS.
P.SATHISAN
M JAYAKRISHNAN VAZHOOR
SRI. BENNY P. THOMAS SR
SR GP SRI. BIMAL K NATH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
05.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.28333 of 2021
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JUDGMENT
(Dated this the 5th day of September, 2024)
The petitioner has approached this Court for issue of an
order directing 2nd respondent to ensure that law and order is
strictly maintained inside and outside of the petitioner's office
premises and also at the sites of various mobile tower locations in
Palakkad district, which are maintained by the petitioner and also
to ensure that any direct action , dharna march or demonstrations
shall be conducted by the leadership of respondents 3 and 4 unions
do not cause any obstruction to the smooth functioning of the
activities of the petitioner at its office or at the sites of mobile
towers located in Palakkad district.
2. Notice was ordered to the respondents 3 to 5 and the
respondents 3 and 5 accepted the same but the notice sent to 4 th
respondent never returned. Though respondents 5 and 6 have
entered appearance, they have not chosen to file any counter
affidavit as on date.
3. On 09.12.2021, an interim order was passed directing
the 2nd respondent to afford adequate and effective protection to
2024:KER:67431
the establishment, employees and staff and various installations.
The said interim order continues.
4. Learned senior counsel appearing for the petitioners
submitted that as of now there is no threat or intimidation from
party respondents and therefore the writ petition can be disposed
of giving liberty to the petitioner to approach the police in case of
threat or obstruction .
Therefore, the writ petition is disposed of, giving liberty to
the petitioner to approach the police, in case of threat or
obstruction from any of the party respondents.
Sd/-
BASANT BALAJI
JUDGE
ADS
2024:KER:67431
APPENDIX OF WP(C) 28333/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE
AGREEMENT DATED 22-08-2018 SIGNED BETWEEN
PETITIONER AND 5TH RESPONDENT.
EXHIBIT P1 A TRUE COPY OF THE EXTENSION OF AGREEMENT DATED
24-08-2021 BETWEEN PETITIONER AND 5TH
RESPONDENT.
EXHIBIT P2 A TRUE COPY OF THE STRIKE NOTICE DATED
23-11-2021.
EXHIBIT P3 TRUE COPY OF THE MINUTES OF CONCILIATION
MEETING HELD ON 29-11-2021.
EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER DATED
12-11-2021 IN W.P(C) NO. 25085/2021 OF THIS
HON'BLE COURT.
EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 03-12-2021
SUBMITTED TO THE 2ND RESPONDENT.
