Petitioner filed PIL declaring strike illegal under EMS Acts. Respondent objected on PIL maintenance grounds. Petitioner withdrew petition with court's permission.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 10TH DAY OF MARCH 2020 / 20TH PHALGUNA, 1941
WP(C).No.7342 OF 2020
PETITIONER:
ROSHAN JACOB OOMMEN AGED 34 YEARS
S/O. B.O THOMAS, VILLA LAKE RETREAT, CHIRAKKAL, KANNUR.
BY ROSHAN JACOB OOMMEN(PARTY IN PERSON)
RESPONDENTS:
1 UNION OF INDIA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, DEPARTMENT OF PETROLEUM AND NATURAL GAS, NEW DELHI- 110 001
2 MINISTRY OF PETROLEUM AND NATURAL GAS, REPRESENTED BY SECRETARY , GOVERNMENT OF INDIA, NEW DELHI - 110 001.
4 THE DIRECTOR GENERAL OF POLICE, STATE HEADQUARTERS, TRIVANDRUM DISTRICT - 695 001
SRI.P.NARAYANAN,SPL.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
S.MANIKUMAR,CJ
In the forenoon, permission was sought for to move a public interest writ petition, to declare the strike conducted by Kannur District Fuel Employees Union (CITU), Kannur as illegal, as per the Essential Services Maintenance Act, 1981, as well as Kerala Essential Services Maintenance Act, 1994, we granted permission. Accordingly public interest writ petition No.7342/2020 has been filed for; (1) a writ of mandamus directing respondents 1 to 3 by passing an order, prohibiting the strike as per section 3 of the Essential Services Maintenance Act, 1981, as well as the Kerala Essential Services Maintenance Act, 1994. (2) a writ of mandamus directing respondents 1 to 5 to make sure all the petrol pumps are operational to avoid any hardship to the general pubic. (3) a writ of mandamus directing respondents 4 and 5 to arrest the striking labourers, who are abstaining from the petrol pump work at the instance of respondent No.6 as per section 4 of the relevant Act and also arrest the employees who instigates considering the hardship to the general public.(4) a writ of mandamus directing respondents 4 to 5 to initiate criminal proceedings, as per section 4 of the Essential
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Commodities Act against the erring labourers who are obstructing to fill the stock considering the hardship to the general public. (5) a writ of mandamus directing respondents 1 to 5 to make sure the medical emergencies are not obstructed due to the close down of petrol pump considering the hardship to the general public.
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of petitioner, Mr.Roshan Jacob Oommen, he seeks permission to
withdraw the writ petition.
Permission granted and the writ petition is dismissed as withdrawn.
Sd/-
S.MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P.CHALY
JUDGE
smv
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 IS THE TRUE COPY OF THEIR ORIGINAL NOTICE OF STRIKE DECLARED. EXHIBIT P2 TRANSLATION OF EXHIBIT P1
Roshan Jacob Oommen
Union of India
Ministry of Petroleum and Natural Gas
State of Kerala
Director General of Police
Premarajan A
S.Manikumar
Shaji P.Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
