Disposed

Josco Rubber (Pondy) Pvt. Ltd. v. the Inspector Generalof Police

Kerala HC10 Jul 2019WP(C)/14462/2019

Case brief

AI extract

What is this about?

The High Court made absolute an interim order in a petition filed by a rubber factory against police officers and union members. The court directed police to ensure law and order, protect peaceful demonstrations, and remove agitators if they turn violent. The petition was disposed of with no costs.

What did the court decide?

Police directed to ensure law and order, protect factory premises, allow peaceful demonstration, and remove violent agitators.

Josco Rubber (Pondy) Pvt. Ltd. Vs the… — 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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WEDNESDAY, THE 10TH DAY OF JULY 2019 / 19TH ASHADHA, 1941

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WP(C).No.14462 of 2019

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PETITIONER/S:

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JOSCO RUBBER (PONDY) PVT LTD REPRESENTED BY ITS DIRECTOR MAXY JOSEPH, AGED 62 YEARS S/O. JOSEPH PHILOMINAPURAM ESTATE, KOODATHAI P.O., THAMARASSERRY CALICUT 673 573.

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BY ADVS. SRI.JOY GEORGE SMT.PRAICY JOSEPH SMT.TANYA JOY SRI.VINO JOSE

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RESPONDENT/S:

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1 THE INSPECTOR GENERAL OF POLICE NORTHERN RANGE, CALICUT 673 001.

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2 THE SUPERINTENDENT OF POLICE, RURAL., VADAKARA CALICUT 673 101

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3 THE DEPUTY SUPERINTENDENT OF POLICE, THAMARASSERRY 673 573.

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4 THE CIRCLE INSPECTOR OF POLICE, THAMARASSERY POLICE STATION, THAMARASSERRY 673 573.

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5 THE SUB INSPECTOR OF POLICE, THAMARASSERRY POLICE STATION, THAMARASSERRY 673 573.

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6 VINOD MANUEL, AGED 44 YEARS S/O. MANI DEVASSIA, VETTUKALLUMPURATH, KODANCHERRY, KOZHIKODE 673 580.

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WP(C).No.14462 of 2019 2

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7 RAMANADHAN, AGED 46 YEARS S/O. BALANPILLAI, KIZHAKKETHODUKAYIL HOUSE, MUDOOR, PUTHOOR, OMASSERRY KOZHIKODE 673 572.

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8 GIREESH.K.K., AGED 38 YEARS S/O. RAMANKUTTY K.K., KOOKULIKUNNUMMAL HOUSE, MANGADU POOTHOOR P.O., OMASSERY, KOZHIKODE 673 572.

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9 JITHIN M.B., AGED 28 YEARS S/O. BENNY THOMAS, MADAYATHRA HOUSE, PUTHUPPADY P.O., KOZHIKODE 673 586.

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10 KOZHIKODE JILLA MOTOR AND ENGINEERING WORKERS UNION CITU, REPRESENTED BY ITS SECRETARY, P.P. KUNJAN AGED ABOUT 55 YEARS, 17/269-A2 SK TEMPLE ROAD, NEAR EMS STADIUM, CALICUT, 673 001.

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BY ADV. SRI.P.V.ANOOP SR.GP.SRI.P.P.THAJUDHEEN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.14462 of 2019 3

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JUDGMENT

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K.VINOD CHANDRAN,J.

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Read paragraph 4 of the interim order dated 30.05.2019:-

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“...4. From the above, we find that there is a law and order situation in the factory premises. We are also informed by the learned Senior Government Pleader that there is a Police party now stationed in the premises. We direct that necessary police protection be afforded for the smooth functioning of the factory and transportation of goods into and outside the factory premises. The agitators, if carrying on a peaceful demonstration the Police shall not interfere with it. However, if they turn violent, they will be immediately removed. The agitators also shall not be allowed to obstruct the ingress and egress to the factory premises by the

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WP(C).No.14462 of 2019 4

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willing workers, the management staff or the vehicles carrying goods into and out of the factory premises...”

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The learned Counsel for the petitioner submits that though there is a demonstration carried on by a Union, it is peaceful and

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there is no untoward incident after the

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interim order of this court.

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We make absolute the interim order passed earlier and dispose of the writ petition, directing the Police to ensure that there is no law and order situation occasioned. No costs.

Sd/-

K.VINOD CHANDRAN

JUDGE

Sd/-

V.G.ARUN

JUDGE

SB/10/07/2019

WP(C).No.14462 of 2019 5

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT	P1 THE 30.1 RETI	PHOTOCOPY .2019 ISSUED REMENT OF THE	OF THE PROPOSAL DATED BY THE PETITIONER FOR SELF WORKERS.
EXHIBIT	P2 THE FOR	PHOTOCOPY OF THE TERMINATI	THE NOTICE DATED 26.3.2019 ON OF WORKERS.
EXHIBIT	P3 THE ISSU LABO	PHOTOCOPY OF ED BY THE COM UR COMMISSION	THE LETTER DATED 7.5.2019 PANY TO THE REGIONAL JOINT ER.
EXHIBIT	P4 THE 4.5. COPY	PHOTOCOPY 2019 BEFORE TO 4TH AND 5	OF THE COMPLAINT DATED THE 3RD RESPONDENT WITH A TH RESPONDENTS.
EXHIBIT	P5 THE 13.5 A CO	PHOTOCOPY .2019 BEFORE PY TO 2ND AND	OF THE COMPLAINT DATED THE SHO THAMARASSERRY WITH 5TH RESPONDENTS.
EXHIBIT	P6 THE 18.5 A CO	PHOTOCOPY .2019 BEFORE PY TO 2ND AND	OF THE COMPLAINT DATED THE SHO THAMARASSERRY WITH 3RD RESPONDENTS.
EXHIBIT	P7 THE 20.5 COPY	PHOTOCOPY .2019 BEFORE TO 2ND R AND	OF THE COMPLAINT DATED THE 4TH RESPONDENT WITH A 3RD RESPONDENTS.
EXHIBIT	P8 THE BY T	PHOTOCOPY OF HE COMPANY.	THE PUBLIC NOTICE ISSUED
EXHIBIT	P9 THE PROC CAUS	PHOTOGRAPHS ESSION OF THE ED	SHOWING THE VIOLENT AGITATORS AND THE DAMAGES
EXHIBIT	P10 THE FRON	PHOTOCOPY O T OF THE FACT	F THE POSTER AFFIXED IN ORY PREMISES.

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EXHIBIT P11 THE PHOTOCOPY OF THE NEWS PUBLISHED IN DESHABHIMANI ONLINE NEWS DATED 18.06.2019. RESPONDENTS EXTS: NIL

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// TRUE COPY //

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P.A TO JUDGE

Josco Rubber (Pondy) Pvt. Ltd. v. the Inspector Generalof Police

Case brief

What is this about?

What did the court decide?

Josco Rubber (Pondy) Pvt. Ltd. v. the Inspector Generalof Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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