Dismissed

Star Union Dai-Ichi Life Insurance Company Ltd., v. Cimmissioner of Police

Kerala HC10 Jun 2019WP(C)/11939/2019

Case brief

AI extract

What is this about?

Court heard civil writ petitions seeking police protection and challenging an employee transfer. It held the insurance company was not a State under Article 12. Transfer challenge was withdrawn; police protection rejection stands and primary writ is disposed of.

What did the court decide?

Challenging the transfer order was withdrawn. Petition for police protection dismissed.

Star Union Dai-Ichi Life Insurance Company Ltd., Vs… — Service and Employment | 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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MONDAY, THE 10TH DAY OF JUNE 2019 / 20TH JYAISHTA, 1941

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WP(C).No. 11939 of 2019

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PETITIONER:

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STAR UNION DAI-ICHI LIFE INSURANCE COMPANY LTD., 11TH FLOOR, VISHWAROOP IT PARK, PLOT NO.34,35,36, SECTOR 30 A OF IIT VASHI, NAVI MUMBAI-400703, REP. BY AREA HEAD KOCHI, SHRI. ZUBIN JOSE.

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BY ADVS. SRI.DEEPU THANKAN SMT.UMMUL FIDA SRI.A.ABDUL NABEEL

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RESPONDENTS:

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1 COMMISSIONER OF POLICE, KOCHI CITY-682031.

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2 COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY-695001.

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3 COMMISSIONER OF POLICE, KOZHIKODE-673001.

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4 STATION HOUSE OFFICER,

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ERNAKULAM CENTRAL POLICE STATION, KOCHI-682018.

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5 STATION HOUSE OFFICER,MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM-695011.

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6 STATION HOUSE OFFICER,

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NADAKKAVU POLICE STATION, KOZHIKODE-673011.

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7 CHARLOTTE SHINE, NEST HOUSE, IRATTKKULANGARA ROAD, PACHALAM, ERNAKULAM-682 012

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8 NEW GENERATION BANKS AND INSURANCE EMPLOYEES UNION(AITUC),

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5TH FLOOR DIWANS CHAMBER, DIWANS ROAD, NEAR LAKSHMI HOSPITAL, ERNAKULAM-682016, REP. BY ITS SECRETARY.

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WP(C) NO.11939/2019 & 11974/2019 ::2::

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9 REGIONAL LABOUR COMMISSIONER (CENTRAL), KENDRIYA SHRAM SADAN, KAKKANADU, COCHIN-682030.

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BY ADV. MR.B.PRAMOD, CGC

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OTHER PRESENT:

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SR.PP.P.P.THAJUDHEEN, SRI. JOSEPH KODIANTHRA(SR)

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.06.2019, ALONG WITH WP(C).11974/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.11939/2019 & 11974/2019 ::3::

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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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MONDAY, THE 10TH DAY OF JUNE 2019 / 20TH JYAISHTA, 1941

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WP(C).No. 11974 of 2019

PETITIONER:

CHARLOTTE SHINE

AGED 48 YEARS

D/O. K. K. TARZAN, NEST, ERATTAKULANGARA ROAD, PACHALAM, ERNAKULAM - 682 012

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BY ADV. SRI.P.R.JAYASANKAR

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RESPONDENT/S:

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1 THE REGIONAL LABOUR COMMISSIONER(CENTRAL) KENDRIYASHRAMSADAN, KAKKANAD, KOCHI - 682 030

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2 STAR UNION DAICHILIC LTD REPRESENTED BY SIDDARTH TIWARI, ZONAL, HR MANAGER SUD LIFE INSURANCE CO. LTD, 4TH FLOOR, TIMES SQUARE, ANDHERIKURLA ROAD, ANDHERI EAST, MUMBAI - 400 059

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3 RAJKIRAN RAI

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MD AND CEO, UNION BANK OF INDIA, UNION BANK BHAVAN, 239, VIDHYABHAVAN MARG, NARIMAN POINT, MUMBAI - 400 021

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4 DINABANDHUMOHAPATRA MD AND CEO , BANK OF INDIA, STAR HOUSE, C-5, 'G' BLOCK, BANDRA-KURLA COMPLEX, BANDRA(EAST), MUMBAI - MAHARASHTRA - 400 051

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5 SREEMAYA ATHIKKAT CHIEF COMPLIANCE OFFICER, SUD LIFE INSURANCE COMPANY LTD, 4TH FLOOR, TIMES SQUARE, ANDHERIKURLA ROAD, ANDHERI EAST, MUMBAI - 400 059

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WP(C) NO.11939/2019 & 11974/2019 ::4::

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6 VASANTHA PRIYAN REGIONAL HEADM DEVAS BUILDING, PADMA JUNCTION, ERNAKULAM - 682 035

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BY ADVS. SHRI.JAWAHAR JOSE SRI.DEEPU THANKAN SMT.LAKSHMI SREEDHAR SMT.UMMUL FIDA

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OTHER PRESENT:

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SR.GP.P.P.THAJUDHEEN, SRI. JOSEPH KODIANTHRA(SR)

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.06.2019, ALONG WITH WP(C).11939/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.11939/2019 & 11974/2019 ::5::

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JUDGMENT

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[ WP(C) 11939/2019 ,WP(C).11974/2019 ]

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K. Vinod Chandran, J

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W.P(C) No.11939/2019 was filed for

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Police Protection. We called for W.P(C) No.11974/2019 pending before the learned Single Judge. We did so because the writ petition for police protection was on the ground that agitated by the transfer of the 7^th respondent, the 8^th respondent, the representative Union, had created obstruction of the smooth functioning of the petitioner's business. W.P(C) No.11974/2019 was filed by the employee challenging the transfer as such. We were not convinced that the writ petition for the relief as stated therein, confined to a challenge to the transfer order would survive especially looking at the position

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WP(C) NO.11939/2019 & 11974/2019 ::6::

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that the petitioner in WP(C) No. 11939/2019, who is the 2^nd respondent in WP(C) No. 11974/2019, would not be a “State” under Article 12 of the Constitution.

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2. Learned Senior Government Pleader

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also submits that the alleged obstruction was caused in the month of August 2018 and after that there is no complaint registered before the Police. On expressing our mind as to the maintainability of W.P(C) No.11974/2019, the learned Counsel on behalf of the petitioner, requests for withdrawal of the writ petition to

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challenge the transfer order before the appropriate forum. The employee would be entitled to so agitate the cause before the appropriate forum.

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3. The representative Union will not

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cause any obstruction on the ground of the alleged illegal transfer. If any obstruction is caused the petitioner in WP(C) No.11939/2019 will be entitled to seek police aid, which shall

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WP(C) NO.11939/2019 & 11974/2019 ::7::

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be rendered to remove any illegal obstruction.

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W.P(C) No. 11974/2019 is dismissed as

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withdrawn with liberty as reserved above. W.P(C) No.11393/2019 is disposed of with the

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above directions.

Sd/-

K.VINOD CHANDRAN

JUDGE

Sd/-

V.G.ARUN

jma

JUDGE

WP(C) NO.11939/2019 & 11974/2019 ::8::

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APPENDIX OF WP(C) 11939/2019

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE 14.6.2018.	FIR NO.1427/2018 DATED
EXHIBIT P2	TRUE COPY OF THE 20.08.2018.	INTERIM ORDER DATED
EXHIBIT P3	TRUE COPY OF THE THE REGIONAL LAB ERNAKULAM DATED	LETTER RECEIVED BY FROM OUR COMMISSIONER (CENTRAL) 02.05.2018.
EXHIBIT P4	TRUE COPY OF THE	EMAIL DATED 25.02.2019.
EXHIBIT P5	TRUE COPY OF THE	REPLY DATED 28.02.2019.
EXHIBIT P6	TRUE COPY OF THE 06.04.2019.	TRANSFER ORDER DATED
EXHIBIT P7	TRUE COPY OF THE THE 9TH RESPONDE	LETTER DATED 10.04.2019 OF NT.
EXHIBIT P8	TRUE COPY OF THE OF THE 7TH RESPO	COMPLAINT DATED 09.04.2019 NDENT.
EXHIBIT P9	TRUE COPY OF THE RESPONDENT.	LETTER GIVEN BY THE 8TH
EXHIBIT P10	TRUE COPY OF THE	REQUEST DATED 10.04.2019.
EXHIBIT P10 A	TRUE COPY OF THE	REQUEST DATED 10.04.2019.
EXHIBIT P10 B	TRUE COPY OF THE	REQUEST DATED 10.04.2019.

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WP(C) NO.11939/2019 & 11974/2019 ::9::

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APPENDIX OF WP(C) 11974/2019

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE EMAIL DATED 07/06/2018 SENT BY THE PETITIONER TO THE 2ND RESPONDENT

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EXHIBIT P2 TRUE COPY OF THE MAIL DATED 06/04/2019 TO THE 2ND RESPONDENT

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EXHIBIT P3 TRUE COPY OF THE EMAIL DATED 06/04/2019 TO 2ND RESPONDENT

Star Union Dai-Ichi Life Insurance Company Ltd., v. Cimmissioner of Police

Case brief

What is this about?

What did the court decide?

Star Union Dai-Ichi Life Insurance Company Ltd., v. Cimmissioner of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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