Disposed

Bharat Petroleum Corporation Limited, v. State of Kerala

Kerala HC22 Jan 2020WP(C)/18/2020

Case brief

AI extract

What is this about?

The High Court held that no further directions were needed in light of an existing interim order ensuring police protection for the refinery during a strike. The petition was disposed of with liberty to the Union to take up their matter through appropriate channels.

What did the court decide?

Petition disposed. Union or employees free to take up matter in appropriate manner.

Bharat Petroleum Corporation Limited, Vs State of Kerala — Service and Employment | Kerala HC (2020)

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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 A.MUHAMED MUSTAQUE

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WEDNESDAY, THE 22ND DAY OF JANUARY 2020 / 2ND MAGHA, 1941

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WP(C).No.18 OF 2020(B)

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PETITIONERS:

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1 BHARAT PETROLEUM CORPORATION LIMITED, KOCHI REFINERY, AMBALAMUGAL, COCHIN - 682 302, REP. BY ITS GENERAL MANAGER (HR) IN CHARGE, SHRI.KURIAN P.ALAPATT.

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2 KURIAN P.ALAPATT, GENERAL MANAGER (HR), IN-CHARGE BHARAT PETROLEUM CORPORATION LIMITED, KOCHI REFINERY, AMBALAMUGAL,

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COCHIN - 682 302.

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BY ADVS. SRI.P.BENNY THOMAS SRI.D.PREM KAMATH

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RESPONDENTS:

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

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2 THE DISTRICT POLICE CHIEF, KOCHI CITY, REVENUE TOWERS, ERNAKULAM - 682 011.

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3 THE CIRCLE INSPECTOR OF POLICE, HILL PALACE POLICE STATION, TRIPUNITHURA - 682 301.

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4 THE SUB INSPECTOR OF POLICE, AMBALAMEDU POLICE STATION - 682 303.

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5 COCHIN REFINERIES EMPLOYEES' ASSOCIATION, AMBALAMUGAL, ERNAKULAM, PIN - 682 302, REP. BY ITS GENERAL SECRETARY SRI.PRAVEEN KUMAR P.

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6 COCHIN REFINERIES WORKERS ASSOCIATION, VPP1/427, AMBALAMUGAL, ERNAKULAM, PIN - 682 302, REP. BY ITS GENERAL SECRETARY SRI.AJI M.G.

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7 REFINERY EMPLOYEES UNION (KRL), AMBALAMUGAL, ERNAKULAM, PIN - 682 302, REP. BY ITS GENERAL SECRETARY SRI.NAZEEMUDEEN S.K.

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W.P.(C) No.18/2020

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8 GENERAL & CONSTRUCTION WORKERS' UNION (CITU), AMBALAMUGAL, ERNAKULAM (DIST.), KERALA, PIN - 682 302 REP. BY ITS GENERAL SECRETARY SRI.N.K.GEORGE.

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9 DEPUTY CHIEF LABOUR COMMISSIONER (CENTRAL), OLIMUGAL, KAKKANAD, ERNAKULAM DISTRICT, PIN - 682 030. R5 BY ADV. SRI.C.S.AJITH PRAKASH R5 BY ADV. SRI.T.K.DEVARAJAN R5 BY ADV. SMT.T.N.SREEKALA R5 BY ADV. SRI.FRANKLIN ARACKAL R5 BY ADV. SRI.PAUL C THOMAS R5 BY ADV. SRI.M.B.SOORI R5 BY ADV. SHRI.BABU M. R9 BY ADV. SRI.N.S.DAYA SINDHU SHREE HARI, CGC.

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OTHER PRESENT:

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SRI.PP THAJUDEEN, SENIOR GOVT. PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.18/2020

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JUDGMENT

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Dated this the 22^nd day of January 2020

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The petitioner approached this Court seeking Police protection. This Court, on 06.01.2020, passed the following interim order:

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“.....The respondents 2 to 4 shall provide adequate and effective police protection for the free ingress and egress of willing employees, customers, vehicles and visitors to and from the petitioners' refinery and project site at Ambalamughal and also for the free movement of petroleum products. The respondents 2 to 4 shall also ensure that no obstruction is caused to the petitioners or their employees or others on account of any strike of the members of respondents 5 to 8.....”.

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In the light of the interim order as above, no further directions

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are required in the matter. However, learned counsel for the Union submitted that they have some claims.

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If that be so, the Union or their employees are free to take up the matter in appropriate manner.

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With liberty as above and in the light of the above interim order, this writ petition is disposed of.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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smp

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W.P.(C) No.18/2020

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE NOTIFICATION DATED 10/9/1970. EXHIBIT P2 TRUE COPY OF THE NOTIFICATION DATED 28/08/2019. EXHIBIT P3 TRUE COPY OF THE STRIKE NOTICE DATED 24/12/2019 SUBMITTED BY THE 5TH RESPONDENT. EXHIBIT P4 TRUE COPY OF THE STRIKE NOTICE DATED 23/12/2019 SUBMITTED BY THE 6TH RESPONDENT. EXHIBIT P5 TRUE COPY OF THE STRIKE NOTICE DATED 23/12/2019 SUBMITTED BY THE 7TH RESPONDENT. EXHIBIT P6 TRUE COPY OF THE STRIKE NOTICE DATED 21/12/2019 SUBMITTED BY THE 8TH RESPONDENT. EXHIBIT P7 TRUE COPY OF THE LETTER DATED 24/12/2019. EXHIBIT P8 TRUE COPY OF THE LETTER DATED 30/12/2019. EXHIBIT P9 TRUE COPY OF THE NOTICE DATED 30/12/2019. EXHIBIT P10 TRUE COPY OF THE NOTICE DATED 02/01/2020. EXHIBIT P11 TRUE COPY OF THE MINUTES OF MEETINGS DATED 02/01/2020. EXHIBIT P12 TRUE COPY OF THE JUDGMENT DATED 13/11/2017 IN W.P.(C) NO.37636 OF 2016 BY THIS HON'BLE COURT. EXHIBIT P13 TRUE COPY OF THE INTERIM ORDER IN W.P.(C) 32207 OF 2019 BY THIS HON'BLE COURT. EXHIBIT P14 TRUE COPY OF THE COMMON NOTICE DATED 03/01/2020. EXHIBIT P15 TRUE COPY OF THE POLICE COMPLAINT DATED 31/12/2019.

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RESPONDENTS' EXHIBITS: NIL.

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True Copy

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P.S to Judge

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smp

Bharat Petroleum Corporation Limited, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Bharat Petroleum Corporation Limited, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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