Allowed

M/S. Atlas Ply Boards v. State of Kerala

Kerala HC1 Aug 2023WP(C)/4209/2023

Case brief

AI extract

What is this about?

This judgment disposes of a writ petition seeking police protection for a plywood factory against labour union threats. The bench made the interim order of 10.02.2023 absolute, applicable only until the relevant state welfare scheme is notified and operationalized in the area.

What did the court decide?

The interim order dated 10.02.2023 was made absolute, directing the police to provide protection to the petitioner's employees while the relevant welfare scheme remains unoperationalized.

M/S. Atlas Ply Boards Vs State of Kerala — Labour and Industrial Disputes | Kerala HC (2023)

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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 P.V.KUNHIKRISHNAN
TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
WP(C) NO. 4209 OF 2023

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PETITIONER:

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M/S. ATLAS PLY BOARDS
MICROWAVE STATION ROAD, TRIVENI,
METHALA P.O PERUMBAVOOR,
REPRESENTED BY ITS PROPRIETOR MOHAMMED SIDIQ S.,
RESIDING AT ARIMBASSERI HOUSE,
SOUTH VAZHAKULAM P O ALUVA, PIN - 683105
BY ADVS.
PEEYUS A.KOTTAM
RAGESH CHAND R.G.

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANATHAPURAM, PIN - 695001

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2 CIRCLE INSPECTOR OF POLICE KURUPPAMPADY POLICE STATION, KURUPPAMPADY P.O, ERNAKULAM DISTRICT, PIN - 683545

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3 SUB INSPECTOR OF POLICE KURUPPAMPADY POLICE STATION, KURUPPAMPADY P.O, ERNAKULAM DISTRICT, PIN - 683545

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4 KERALA HEADLOAD WORKERS WELFARE BOARD ERNAKULAM DISTRICT COMMITTEE, KUMMANCHERRY BUILDING, FLOWER JUNCTION, T.D.ROAD, ERNAKULAM,PIN – 682035 REPRESENTED BY ITS CHAIRMAN.,

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5 ASSISTANT LABOUR OFFICER PERUMBAVOOR, MINI CIVIL STATION, POOPPANI ROAD, PERUMBAVOOR, KERALA, PIN - 683543

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6 ERNAKULAM DISTRICT HEADLOAD & GENERAL WORKERS UNION (CITU), MUTTATHUMUGAL UNIT, METHALA P.O, PERUMBAVOOR,PIN - 683545 REPRESENTED BY SECRETARY V.R.SUBASH.,

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7 HEADLOAD WORKERS UNION (AITUC), MUTTATHUMUGAL UNIT, METHALA P.O, PERUMBAVOOR,PIN - 683545 REPRESENTED BY SECRETARY K.NARAYANAN.,

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WP(C).No.4209/2023

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8 HEADLOAD WORKERS UNION (INTUC), MUTTATHUMUGAL UNIT, METHALA P.O, PERUMBAVOOR, REPRESENTED BY SECRETARY V.P.SALIM., PIN - 683545

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9 BHARATIYA MAZDOOR SANGH (BMS), PERUMBAVOOR MEKHALA SAMIDI, COURT ROAD, PERUMBAVOOR REPRESENTED BY ITS SECRETARY SRI UNNIKRISHNAN K G., PIN - 683545 BY ADVS. GOVERNMENT PLEADER K.S.ARUN KUMAR

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THIS WRIT PETITION (CIVIL) HAVING COME UP
FOR ADMISSION ON 01.08.2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.4209/2023

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P.V.KUNHIKRISHNAN, J.

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W.P.(C).No.4209 of 2023

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Dated this the 01^st day of August, 2023

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JUDGMENT

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This writ petition is filed with following prayers:

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i) Issue a writ of mandamus or any other appropriate writ, order or direction and thereby command 2^nd and 3^rd respondents to provide adequate and effective police protection to the petitioner’s and their permanent employees to do the loading and unloading activities in the factory premises and to provide adequate protection for the smooth movement of the vehicles being used in the factory and conduct of the business in the factory without any manner of threat, hindrance or obstruction from respondents 6 to 9 their men and agents.

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ii) To dispense with filing of the translation of vernacular documents.

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iii) Grant such other reliefs which are just and necessary for the interest of Justice. (SIC)

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When this writ petition came up for consideration,

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on 10.02.2023, this Court passed the following order:

WP(C).No.4209/2023

“Admit.

Government Pleader takes notice for respondents 1 to 3 and 5. Standing Counsel takes notice for the 4th respondent. Issue urgent notice by speed post to respondents 6 to 9.

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Government Pleader submits that the application for registration of the petitioners’ employees has only been received recently.

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Standing Counsel for the 4th respondent submits that though the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme, 1983, is notified in the area, its operationalisation is under process only.

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In the circumstances, there will be an interim order directing respondents 2 and 3 to give adequate police protection to the petitioners to carry out loading and unloading activities in the manufacturing unit engaging in the workers made mentioned in Exts.P2 to P5.”

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There is no appearance for respondents 6, 8 and 9. Even though notice is sent to the 7^th respondent on 10.02.2023, the acknowledgment is not returned. In such circumstances, this writ petition need not be retained. The interim order passed on 10.02.2023 can be made absolute.

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Therefore, this writ petition is disposed of making the interim order dated 10.02.2023 absolute. But this order will

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WP(C).No.4209/2023

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be applicable only till the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme, 1983 is notified and in operation in this area.

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sd/-

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P.V.KUNHIKRISHNAN JUDGE

WP(C).No.4209/2023

APPENDIX OF WP(C) 4209/2023

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`PETITIO` `Exhibit`	`NER` `P1`	`EXHIBITS` `THE TRUE COPY OF THE LICENCE ISSUED BY` `THE ASSAMANNUR GRAM PANCHAYAT TO THE` `PETITIONER FOR CONDUCTING` `MANUFACTURING OF PLYWOOD IN WARD` `NUMBER 10 OF ASAMANNOOR GRAMA` `PANCHAYAT DATED 01.04.2022`
`Exhibit`	`P2`	`TRUE COPY OF THE ONLINE APPLICATION` `NO. 387436 SUBMITTED BY PETITIONER'S` `EMPLOYEE NAMED ABDUL ISLAM, BEFORE THE` `ASSISTANT LABOUR OFFICER PERUMBAVOOR` `DATED 19.01.2023`
`Exhibit`	`P3`	`TRUE COPY OF THE ONLINE APPLICATION` `NO. 387425 SUBMITTED BY PETITIONER'S` `EMPLOYEE NAMED BABU VARGHESE, BEFORE` `THE ASSISTANT LABOUR OFFICER` `PERUMBAVOOR DATED 19.01.2023`
`Exhibit`	`P4`	`TRUE COPY OF THE ONLINE APPLICATION` `NO. 387428 SUBMITTED BY PETITIONER'S` `EMPLOYEE NAMED SAJITH G, BEFORE THE` `ASSISTANT LABOUR OFFICER PERUMBAVOOR` `DATED 19.01.2023`
`Exhibit`	`P5`	`TRUE COPY OF THE ONLINE APPLICATION` `NO. 387432 SUBMITTED BY PETITIONER'S` `EMPLOYEE NAMED AMAL P.S, BEFORE THE` `ASSISTANT LABOUR OFFICER PERUMBAVOOR` `DATED 19.01.2023`
`Exhibit`	`P6`	`TRUE COPY OF THE ONLINE APPLICATION` `NO. 387443 SUBMITTED BY PETITIONER'S` `EMPLOYEE NAMED HABIBUR RAHIMAN, BEFORE` `THE ASSISTANT LABOUR OFFICER` `PERUMBAVOOR`
`Exhibit`	`P7`	`TRUE COPY OF THE ONLINE APPLICATION` `NO. 387439 SUBMITTED BY PETITIONER'S` `EMPLOYEE NAMED TABAROK HUSSAIN, BEFORE` `THE ASSISTANT LABOUR OFFICER` `PERUMBAVOOR DATED 19.01.2023`
`Exhibit`	`P8`	`TRUE COPY OF THE ONLINE APPLICATION` `NO. 387447 SUBMITTED BY PETITIONER'S` `EMPLOYEE NAMED BIPLAB KALITA, BEFORE`

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WP(C).No.4209/2023

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THE ASSISTANT LABOUR OFFICER
PERUMBAVOOR DATED 19.01.2023
Exhibit P9TRUE COPY OF THE ONLINE APPLICATION
NO. 387411 SUBMITTED BY PETITIONER'S
EMPLOYEE NAMED SHAFI V. UMMER, BEFORE
THE ASSISTANT LABOUR OFFICER
PERUMBAVOOR DATED 19.01.2023
Exhibit P10THE TRUE COPY OF THE NOTICE ISSUED BY
9TH RESPONDENT DATED 31.01.2023
Exhibit P11THE TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER DATED
04.02.2023 BEFORE THE KURUPPUMPADY
POLICE STATION SEEKING POLICE
PROTECTION
Exhibit P12THE TRUE COPY OF THE ACKNOWLEDGEMENT
CARD TOWARDS THE RECEIPT OF THE
REPRESENTATION DATED 04.02.2023 ISSUED
BY THE KURUPPUMPADY POLICE STATION
Exhibit P13THE TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN W.P.(C) 10984/2021
DATED 24.06.2021

M/S. Atlas Ply Boards v. State of Kerala

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M/S. Atlas Ply Boards v. State of Kerala

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