Allowed

Star Health and Allied Insurance Co. Ltd. v. State of Kerala

Kerala HC9 Aug 2019WP(C)/10376/2018

Case brief

AI extract

What is this about?

The Court allowed a writ petition seeking police protection against physical obstruction by labour unions. It directed police to protect willing staff from obstruction while preserving the unions' right to peaceful agitation and protests.

What did the court decide?

Directed the Police to afford necessary protection against physical obstruction to the willing staff while preserving the right to peaceful protest.

Star Health and Allied Insurance Co. Ltd. Vs… — Labour and Industrial Disputes | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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FRIDAY, THE 09TH DAY OF AUGUST 2019 / 18TH SRAVANA, 1941

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WP(C).No.10376 OF 2018(V)

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PETITIONER/S:

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STAR HEALTH AND ALLIED INSURANCE CO. LTD. ZONAL OFFICE, FOURTH FLOOR, CARMEL TOWER, COTTON HILL P.O., VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014, REPRESENTED BY ITS VICE PRESIDENT DR.RAJEEVALOCHANAN.

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BY ADVS. SRI.K.P.DANDAPANI (SR.) SRI.MILLU DANDAPANI

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 THE STATE POLICE CHIEF POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014.

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3 CIRCLE INSPECTOR OF POLICE MUSEUM POLICE STATION, THIRUVANANTHAPURAM - 695 033.

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4 R. MADHAVADAS GENERAL SECRETARY, STAR HEALTH AND ALLIED INSURANCE EMPLOYEES SANGH (BMS), BMS SATE OFFICE, MARAYIL LANE, CHITTOR ROAD, ERNAKULAM - 682 018.

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5 B. SUNILKUMAR PRESIDENT, STAR HEALTH AND ALLIED INSURANCE

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W.P.(C) No. 10376 of 2018

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EMPLOYEES SANGH (BMS), BMS SATE OFFICE, MARAYIL LANE, CHITTOR ROAD, ERNAKULAM - 682 018.

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6 ADDL.R6.THE REGIONAL LABOUR COMMISSIONER TRIVANDRUM

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IS SUO MOTU IMPLEADED AS PER ORDER DATED 10.07.2019 IN W.P.(C) 10376/18

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BY ADV. SRI.S.MANU

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OTHER PRESENT:

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SR.GP SRI.P.P.THAJUDEEN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.08.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No. 10376 of 2018

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JUDGMENT

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K.VINOD CHANDRAN, J.

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The petitioner is before this Court seeking police protection from the physical obstruction caused by the Unions of respondents 4 and 5 against the functioning of the petitioner's business.

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At the time of the admission itself, we directed that necessary protection be afforded to ensure that no obstruction is carried out to the smooth functioning of the petitioner's business and the willing staff members are allowed to work. We also made a reservation that the Police would not interfere in any peaceful agitation carried on by the workers or their Unions.

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Respondents 4 and 5 have filed a memo, in which seven issues are pointed out, which are said to be pending before the appropriate Labour Authority. It is undertaken that they would not cause any physical obstruction or

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W.P.(C) No. 10376 of 2018

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interference in the business of the Company. But, however, they seek an undertaking from the petitioner also that they would participate in the various disputes pending before the Labour Authorities.

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The learned counsel for the petitioner points out that in all the disputes in which they have received notices; they are participating and they will continue to participate. Specifically with respect to item No.7 in the memo, it is pointed out; that was a petition filed by the Management before the Central Labour Commissioner, Thiruvanananthapuram and that notices were issued to the respondent workers. Though they appeared, they consistently failed to participate in the proceedings. On failure of conciliation, the matter was referred to the Government. The Management also undertakes that they would participate in all the disputes validly raised by the workers or their unions.

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W.P.(C) No. 10376 of 2018

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In any event, the labour disputes cannot lead to any obstruction of the business of the petitioner. The disputes

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have to be agitated peacefully before the appropriate authorities and the workers or their Union cannot take law into their hands. In the above circumstances, we direct the Police to afford necessary protection if at all any interference to the business is caused or physical obstruction to the willing staff is occasioned. We preserve the right conferred on the workers for a peaceful protest which will not be interfered with by the Police.

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The writ petition is allowed with the above direction. No order as to costs.

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Sd/-

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K.VINOD CHANDRAN JUDGE

Sd/-

V.G.ARUN

JUDGE

Scl/08.08

W.P.(C) No. 10376 of 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT DTD.28.12.2017 WHICH WAS RECEIVED ON 01.01.2018.

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EXHIBIT P2 TRUE COPY OF THE NOTICE DTD.05.01.2018 REGARDING CONCILIATION PROCEEDINGS U/S 12 OF THE INDUSTRY DISPUTE ACT FIXED BY THE REGIONAL LABOUR COMMISSIONER (CENTRAL) THIRUVANANTHAPURAM ALONG WITH THE MINUTES OF THE MEETING.

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EXHIBIT P3 TRUE COPY OF THE NOTICE DTD. 31.01.2018 ALONG WITH THE MINUTES OF THE MEETING. EXHIBIT P4 TRUE COPY OF THE NOTICE DTD. 30.01.2018 ISSUED BY 4TH RESPONDENT.

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EXHIBIT P5 TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE CIRCLE INSPECTOR OF POLICE, MUSEUM POLICE STATION, THIRUVANANTHAPURAM DTD. 24.02.2018.

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EXHIBIT P5(A) TRUE COPY OF THE RECEIPT DTD. 24.02.2018 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT FOR ACKNOWLEDGING THE RECEIPT OF THE COMPLAINT.

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EXHIBIT P6 TRUE COPY OF THE COMPLAINT DTD. 19.02.2018 SUBMITTED BEFORE THE STATE POLICE CHIEF, THIRUVANANTHAPURAM.

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EXHIBIT P6(A)

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TRUE COPY OF THE RECEIPT DTD. 19.02.2018 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT FOR ACKNOWLEDGING THE RECEIPT OF THE COMPLAINT.

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W.P.(C) No. 10376 of 2018

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EXHIBIT P7 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE JOINT VICE PRESIDENT BEFORE THE CITY POLICE COMMISSIONER DTD. 21.03.2018. EXHIBIT P7(A) TRUE COPY OF THE RECEIPT DTD. 21.03.2018 ISSUED FROM THE OFFICE OF THE DIC & DISTRICT POLICE CHIEF, THIRUVANANTHAPURAM CITY. EXHIBIT P8 TRUE COPY OF THE COMPLAINT DTD. 21.03.2018 FILED BEFORE THE CANTONMENT ASST. COMMISSIONER.

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EXHIBIT P9 TRUE COPY OF THE COMPLAINT DTD. 21.03.2018 FILED BEFORE THE 3RD RESPONDENT.

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EXHIBIT P10 PHOTOGRAPHS SHOWING DHARNA CONDUCTED BY THE 6TH RESPONDENT.

Star Health and Allied Insurance Co. Ltd. v. State of Kerala

Case brief

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Star Health and Allied Insurance Co. Ltd. v. State of Kerala

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