Kerala High Court
Zydus Healthcare Ltd vs State Of Kerala on 6 September, 2024
2024:KER:68178
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024/15TH BHADRA, 1946
WP(C) NO. 27186 OF 2020
PETITIONER:
ZYDUS HEALTHCARE LTD,
REGD.OFF. ZYDUS CORPORATE PARK, SCHEME NO.63,
SY.NO.536, KHORAJ (GANDHINAGAR),
NEAR VAISHNODEVI CIRCLE,
S.G.HIGHWAY, AHMEDABAD - 382 481,
REPRESENTED BY MR. NARENDRA TANGAR,
DEPUTY GENERAL MANAGER - HR DEPARTMENT.
BY ADVS.
P.BENNY THOMAS
SRI.D.PREM KAMATH
SRI.THOMAS J.ANAKKALLUNKAL
SRI.TOM THOMAS (KAKKUZHIYIL)
SHRI.ABEL TOM BENNY
SHRI.JYOTHISH KRISHNA
SMT.MEENAKSHY S DEV
SHRI.AHAMMAD SACHIN K.
SHRI.KURIAN OOMMEN THERAKATH
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY HOME SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 COMMISSIONER OF POLICE,
KOZHIKODE, PALAYAM, KOZHIKODE,
KERALA - 673 004.
3 THE STATION HOUSE OFFICER,
KASABA POLICE STATION, THALOOK OFFICE ROAD,
W.P.(C).No. 27186 of 2020
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PUTHIYARA, KOZHIKODE,
KERALA - 673 004.
4 THE STATION HOUSE OFFICER,
MEDICAL COLLEGE POLICE STATION,
MEDICAL COLLEGE ENTRANCE ROAD,
VELLIPARAMBA, KOZHIKODE, KERALA - 673 008.
5 BHARATHEEYA MEDICAL AND SALES REPRESENTATIVE
ASSOCIATION (BMSRA),
AYYAPPANKAVU CEMETRY JUNCTION,
BANERJI ROAD, ERNAKULAM,
KERALA - 680 018
REPRESENTED BY ITS SECRETARY.
6 BHARATIYA MAZDOOR SANGH,
MARAYIL LANE, CHITTOOR ROAD,
ERNAKULAM, KOCHI - 682 018,
REPRESENTED BY ITS SECRETARY.
BY ADVS.
SRI.P.RAMAKRISHNAN
SMT.PREETHI RAMAKRISHNAN (P-212)
SRI.T.C.KRISHNA
SRI.C.ANIL KUMAR
SMT.ASHA K.SHENOY
SRI.PRATAP ABRAHAM VARGHESE
GP SRI. RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
06.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No. 27186 of 2020
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JUDGMENT
(Dated this the 6th day of September, 2024)
This writ petition is filed seeking police protection to the
officers of the petitioner company for the smooth functioning of
its business activities and adequate protection for the
property/products, and office of the petitioner company without
any disturbance, hindrance, obstruction, or threats from the
respondent/unions and its members or any other person/persons
on their behalf.
2. Interim orders were passed by this Court on
08.12.2020 directing the official respondents to afford effective
protection to the officers and employees of the petitioner so as
to enable them to carry out their business in the establishments
run within the jurisdictional limits of the respondents 2 to 4 from
any threats or obstructions by the respondents 5 and 6 or their
men. If any specific complaint is received, the respondents 2 to 4
to take urgent action.
3. Learned senior counsel Sri. Benny P. Thomas,
appearing for the petitioner, submits that the disputes between
the management and the union are still pending, and no final
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decision has been made. So, the petitioner requires protection
even now.
Considering the above facts, I deem it appropriate to
dispose of the writ petition, making the interim order dated
08.12.2020 absolute. However, at the same time, any disputes
regarding the terms and conditions of employment are left open.
Sd/-
BASANT BALAJI
JUDGE
ADS
2024:KER:68178
APPENDIX OF WP(C) 27186/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER OF TRANSFER DATED
08.07.2019.
EXHIBIT P2 TRUE COPY OF THE LETTER DATED 18.07.2019
SUBMITTED BY THE 4TH RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER DATED
28.01.2020 IN WP(C) NO.2429 OF 2020.
EXHIBIT P4 TRUE COPY OF THE CHARGE SHEET DATED
31.10.2020.
EXHIBIT P5 TRUE COPY OF THE DEATH CERTIFICATE DATED
30.10.2020.
EXHIBIT P6 TRUE COPY OF THE POLICE COMPLAINT DATED
09.09.2020.
EXHIBIT P7 TRUE COPY OF THE POLICE COMPLAINT DATED
14.09.2020.
EXHIBIT P8 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT
DATED 14.09.2020.
EXHIBIT P9 TRUE COPY OF THE POLICE COMPLAINT DATED
09.11.2020.
EXHIBIT P10 TRUE COPY OF THE FIR NO.1527 DATED
10.11.2020.
EXHIBIT P11 TRUE COPY OF THE POLICE COMPLAINT DATED
16.11.2020.
EXHIBIT P12 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT
DATED 17.11.2020.
EXHIBIT P13 TRUE COPY OF THE POLICE COMPLAINT DATED
16.11.2020.
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EXHIBIT P14 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT
DATED 17.11.2020.
EXHIBIT P15 TRUE COPY OF THE POSTER.
