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Kerala High Court
M/S. S - Max India vs Commissioner Of Police Kochi City on 18 February, 2026
2026:KER:14487
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 18TH DAY OF FEBRUARY 2026 / 29TH MAGHA, 1947
WP(C) NO. 24094 OF 2025
PETITIONER/S:
M/S. S - MAX INDIA
CONTRACTOR, INDANE BOTTLING PLANT,
UDAYAMPEROOR, ERNAKULAM DISTRICT HAVING ITS OFFICE
ADDRESS AT CC NO. 57/2131, 1ST FLOOR,
KP VALLON ROAD, OPP. ST. JOSEPH CHURCH ,
KADAVANTHRA, KOCHI,
REPRESENTED BY ITS PROPRIETOR,
SANU M.C., PIN - 682020
BY ADVS.
SHRI.C.S.AJITH PRAKASH
SHRI.T.K.DEVARAJAN
SHRI.BABU M.
SMT.ANCY THANKACHAN
SHRI.XAVIER K.K.
SMT.KRISHNENDU.D
SMT.VILASINI NAYAK
RESPONDENT/S:
1 COMMISSIONER OF POLICE KOCHI CITY
OFFICE OF THE COMMISSIONE R OF POLICE,
MARINE DRIVE, ERNAKULAM, PIN - 682011
2 ASSISTANT COMMISSIONER OF POLICE
OFFICE OF THE ASSISTANT COMMISSIONER OF POLICE,
THRIKKAKARA, KAKKANAD, KERALA,
PIN - 682021
W.P.(C) No.24094 of 2025
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3 STATION HOUSE OFFICER(SHO)
UDAYAMPEROOR POLICE STATION,
UDAYAMPEROOR, ERNAKULAM, PIN - 682307
4 INDIAN OIL CORPORATION LTD
KERALA STATE OFFICE, PANAMPILLY NAG AR,
ERNAKULAM,REPRESENTED BY ITS CHIEF GENERAL
MANAGER AND STATE HEAD, PIN - 682307
5 DEPUTY GENERAL MANAGER (PLANT)
INDIAN OIL CORPORATION LTD, LPG PLANT
UDAYAMPEROOR ERNAKULAM DISTRICT,
PIN - 682307
6 THE CHIEF PLANT MANAGER
INDANE BOTTLING PLANT, INDIAN OIL CORPORATION
LTD., UDAYAMPEROOR, ERNAKULAM DISTRICT,
PIN - 682307
7 ASSISTANT MANAGER PLANT MAINTENANCE
INDANE BOTTLING PLANT,
INDIAN OIL CORPORATION,
PIN - 682307
8 ANIL KUMAR KM
KUNNEL HOUSE UDAYAMPEROOR PO,
MANKUNNAM, ERNAKULAM PIN,
PIN - 682307
9 PRAKASHAN KK
KANNAMVELIYIL HOUSE ,MANAKUNNAM ,
P OOTHOTTA PO, PIN - 682307
10 RATHEESH VG
MANUKUNNAM VILLAGE ,UDAYAMPEROOR,
ERNAKULAM PIN, PIN - 682307
W.P.(C) No.24094 of 2025
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11 MK GEORGE
SECRETARY ,KERALA PETROLEUM GAS WORKERS UNION
CITU ,SECOND FLOOR ,KCEU OF FICE ,
SHENOY ROAD ,PARAKKATIL LANE ,
KOCHI, PIN - 682017
12 THE PRESIDENT
IOC-INTUC LPG BP CYLINDER AND GENERAL WORKERS
CONGRESS, NADAKKAVU ,P.O,UDAYAMPEROO, PIN -
682307
BY ADVS.
SHRI.NITHIN GEORGE
SHRI.S.KRISHNA MOORTHY(ERNAKULAM)
SHRI.SUVIN R.MENON, SENIOR PANEL COUNSEL
SHRI.M.V.HARIDAS MENON
SHRI.RITHU JOSE
SHRI.V.KRISHNAN KUTTY
SHRI.BALAGOPALAN B.
SMT.SREEDEVI RADHAKRISHNAN
SHRI.PRABHAKARAN MARAR K.V.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 18.02.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.24094 of 2025
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2026:KER:14487
JUDGMENT
This writ petition is submitted by the petitioner seeking the
following reliefs:
"i. Issue a writ of mandamus or any other writ or order,
directing the respondents 1 to 3, to consider Exhibit P20
and P21 petition for police protection and to provide
adequate and meaningful police protection to the
petitioner, their men, staff, workers engaged IN the
absence of the existing workers and the equipment to carry
out the work contract awarded as per Exhibit P1 letter of
without any obstructions from respondent 8 to 12 or any
other person acting under them in the name of trade union,
in the interest of justice.
ii. Issue a writ of mandamus or any other writ or order
directing the respondents 4 to 7 to take appropriate steps
to prevent the entry of unauthorized trade union leaders to
create industrial unrest while carrying out the contract
work awarded to the petitioner.
iii. to declare that the petitioner is entitled to carry out its
contract work awarded by the respondents 4 to 7 as per
Exhibit P1 work order utilizing the service and manpower of
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workers as may be decided by the petitioner contractor
irrespective of any dictates from respondents 11 to 12 or
from any other men, Trade Union representing the
workers., in the light of the Division Bench decision
reported in M/s.Afcons Infrastructure Ltd and another Vs CI
of Police, Njarakkal & Ors (2008(4)KHC 700).
iv. To issue such other writ, order or direction as this Hon'ble
Court may deem fit and proper in the facts and
circumstances of the case or as may be prayed from time
to time.
v. To issue such other appropriate order or directions
dispensing with the filing of English translation of the
vernacular documents produced along with the writ
petition."
2. Earlier, when the matter came up for consideration
on 01.07.2025, the following interim order was passed.
"There will be an interim order directing the 3rd respondent to
give adequate protection to the petitioner to carry on their
business activities engaging workers of their choice. It is made
clear that this interim protection will not be available for
loading and unloading works."
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3. Today when the matter came up for consideration, it
is submitted that, the conciliation proceedings are in progress
between the petitioner and the respondents 8 to 12.
4. In such circumstances, the interim order is made
absolute. However, It is clarified that this shall be without
prejudice to the conciliation which is in progress and to the
contentions of the parties.
With the above observations, this writ petition is disposed
of.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
rpk
2026:KER:14487
APPENDIX OF WP(C) NO. 24094 OF 2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE (LAO) REFERENCE NO.
CHBP/ KESO/ 2024-25/H & H DATED
11.10.2024 ISSUED BY THE GENERAL
MANAGER LPG TO THE PETITIONER
Exhibit P2 A TRUE COPY OF THE TECHNICAL BID
DOCUMENT ISSUED BY THE INDIAN OIL
CORPORATION AS PER TENDER NO.
KESO/LPG/PT/02/HHKOC/2024 ISSUED BY THE
IOCL
Exhibit P3 A TRUE COPY OF THE JUDGMENT IN WA. NO.
979/2009 DATED 21/5/2009 OF THE HON'BLE
DIVISION BENCH
Exhibit P4 A TRUE COPY OF THE INDUSTRIAL DISPUTE
RAISED BY THE PETITIONER BEFORE THE
CONCILIATION OFFICER DATED 30.12.2024
Exhibit P5 A TRUE COPY OF THE PROCEEDINGS NO. 08/
(01)/IOCL/2025/B1 DATED 08.04.2025
ISSUED BY THE REGIONAL LABOUR
COMMISSIONER (C), COCHIN
Exhibit P6 A TRUE COPY OF THE TABULAR COLUMN
INDICATING THE PERIODICAL WAGE REVISION
FOR THE LAST 6 YEARS PREPARED BY THE
PETITIONER
Exhibit P7 A TRUE COPY OF THE INTERIM ORDER DATED
20-05-2025 WP(C) :18673/2025
Exhibit P8 A TRUE COPY OF THE INTERIM ORDER DATED
16-05-2025 IN WPC NO:18475/2025
Exhibit P9 A TRUE COPY OF THE INTERIM ORDER DATE
Exhibit P10 A TRUE COPY OF THE JUDGEMENT IN WPC
NO:29467/2024 DATED 13-01-2025
Exhibit P11 A TRUE COPY OF THE COMMUNICATION ISSUED
BY THE DGM PLANT /INDANE BOTTLING PLANT
TO THE PETITIONER DATED 08-12-2023
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Exhibit P12 A TRUE COPY OF THE LETTER SUBMITTED BY
THE PETITIONER DATED 15-06-2025 TO THE
11TH RESPONDENT
Exhibit P13 A TRUE COPY OF THE LETTER SUBMITTED BY
THE PETITIONER DATED 15-06-2025 TO THE
12TH RESPONDENT
Exhibit P14 A TRUE COPY OF THE NOTICE DATED 15-06-
2025 ISSUED BY THE IOCL ASSISTANT
MANAGER (PLANT MAINT) TO THE PETITIONER
Exhibit P15 A TRUE COPY OF THE EMAIL COMMUNICATION
RECEIVED FROM THE CHIEF MANAGER PLANT
TO M/S SMAX DATED 21-06-2025
Exhibit P16 A TRUE COPY OF THE EMAIL COMMUNICATION
DATED 21-06-2025 CM PLANT -IOCL
Exhibit P17 A TRUE COPY OF THE LETTER FROM THE
MANAGER AND ASSISTANT MANAGER OF THE
PETITIONER COMPANY DATED 21-06-2025 TO
THE PROPRIETOR OF SMAX
Exhibit P18 A TRUE COPY OF THE LETTER FROM THE
SUPERVISOR OF M/S SMAX TO THE
PROPRIETOR SMAX DATED 21-06-2025
Exhibit P19 A TRUE COPY OF THE LETTER FROM ONE OF
THE STAFF OF M/S SMAX TO THE PROPRIETOR
SMAX DATED NIL
Exhibit P20 A TRUE COPY OF THE PETITION DATED 21-
06-2025 FOR POLICE PROTECTION SUBMITTED
BY THE PETITIONER BEFORE THE SHO OF
UDAYAMPEROOR POLICE STATION
Exhibit P21 A TRUE COPY OF THE PETITION DATED 23-
06-2025 FOR POLICE PROTECTION SUBMITTED
BY THE PETITIONER BEFORE THE ASSISTANT
COMMISSIONER OF POLICE THRIKKAKARA
POLICE STATION
Exhibit P22 A TRUE COPY OF THE EMAIL COMMUNICATION
SENT BY SMAX TO CM PLANT IOCL DATED 22-
06-2025
Exhibit P23 A TRUE PHOTOGRAPHS OF THE GATHERING OF
UNION WORKERS IN THE COMPANY IS
PRODUCED
