Petitioner sought writ directing police to ensure movement of personnel and maintain law and order during threatened strike. Court found the petition infructuous as the union had withdrawn the strike notice.
Dismissal of writ petition on grounds of being infructuous due to withdrawal of strike notice.
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 MR. JUSTICE ANIL K.NARENDRAN
TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942
WP(C).No.1447 OF 2021(E)
PETITIONERS:
1 BHARAT PETROLEUM CORPORATION LIMITED, KOCHI REFINERY, AMBALAMUGAL, COCHIN 682 302, REPRESENTED BY ITS CHIEF GENERAL MANGER IN-CHARGE (HR), SHRI.KURIAN P ALAPATT.
2 KURIAN P ALAPATT, CHIEF GENERAL MANAGER IN CHARGE (HR), BHARAT PETROLEUM CORPORATION LIMITED, KOCHI REFINERY, AMBALAMUGAL COCHIN 682 302.
BY ADVS. SRI.P.BENNY THOMAS SRI.D.PREM KAMATH SRI.TOM THOMAS (KAKKUZHIYIL) SHRI.ABEL TOM BENNY SHRI.JYOTHISH KRISHNA SMT.MEENAKSHY S DEV SHRI.AHAMMAD SACHIN K. SHRI.KURIAN OOMMEN THERAKATH
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.
2 THE DISTRICT POLICE CHIEF, KOCHI CITY, REVENUE TOWERS, ERNAKULAM 682 011.
SMT K.AMMINIKUTTY-SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.1447 OF 2021(E) 2
JUDGMENT
The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking to issue a writ of mandamus commanding respondents 2 to 3 to afford adequate and effective protection for free ingress and egress of employees, customers, visitors and vehicles to and from the 1st petitioner's Refinery and all project sites at Ambalamugal PDPP, MSBP Project Sites and for free movement of petroleum products. The petitioner has also sought for writ of mandamus commanding respondents 2 to 3 to ensure that law and order is strictly maintained in the periphery of the six entrances to the petitioner's refinery and project site at Ambalamugal, PDPP, MSBP Project Sites, in the event any strike, dharna, march or demonstrations are taken out under the leadership of 4th respondent union as threatened in strike notice; and for an order directing respondents 2 to 3 to ensure that no dharna or other demonstrations take place within 500 meters from all the six entrances of the petitioners' refinery and project site at Ambalamugal, PDPP, MSBP Project Sites, on 20.01.2021 or any other day thereafter.
3
WP(C).No.1447 OF 2021(E)
Workers' Union has already withdrawn Ext.P-3 strike notice and as such the reliefs sought for in this writ petition have become infructuous.
Recording the aforesaid submission made by the learned counsel for the petitioner, this writ petition is dismissed as infructuous.
Sd/-
ANIL K. NARENDRAN JUDGE
Skk //19012021
WP(C).No.1447 OF 2021(E)
4
APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF GO MS NO. 196/70/HOME DATED 10.9.1970. EXHIBIT P2 TRUE COPY OF THE NOTIFICATION DATED 26/08/2020 DECLARING PETROLEUM INDUSTRY AS PUBLIC UTILITY SERVICE. EXHIBIT P3 TRUE COPY OF THE STRIKE NOTICE DATED 05/01/2021 SUBMITTED BY 4TH RESPONDENT. EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 13.01.2021 ISSUED BY 5TH RESPONDENT TO 4TH RESPONDENT. EXHIBIT P5 TRUE COPY OF THE POLICE COMPLAINT DATED 18.01.2021 SUBMITTED BY THE PETITIONER TO RESPONDENTS 2 TO 3. EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 13.01.2017 IN WPC NO. 37636 OF 2016 OF THIS HONBLE COURT.
RESPONDENTS' EXHIBITS: NIL
1 issue framed by the court
Whether the writ petition seeking protection for refinery operations remains viable after the withdrawal of the strike notice.
1 provisions across 1 enactments
Bharat Petroleum Corporation Limited, Kochi Refinery, Ambalamugal
Kurian P Alapatt
State of Kerala
District Police Chief, Kochi City
Station House Officer, Ambalamedu Police Station
General and Construction Workers' Union (CITU)
Anil K. Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
