Kerala High Court
Pooppally Coir Mills vs State Of Kerala on 11 February, 2014
Author: A.M.Shaffique
Bench: A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ASHOK BHUSHAN
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
MONDAY, THE 21ST DAY OF JULY 2014/30TH ASHADHA, 1936
WP(C).No. 7739 of 2014 (N)
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PETITIONER(S):
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POOPPALLY COIR MILLS,
A REGISTERED PARTNERSHIP FIRM,
HAVING ITS OFFICE AT A.S.ROAD,
NEAR PRINCE HOTEL,
KOMMADY, ALAPPUZHA-688007,
REPRESENTED BY ITS MANAGING PARTNER.
BY ADVS.SRI.SHAJI P.CHALY
SRI.R.SANJITH
SMT.C.S.SINDHU KRISHNAH
RESPONDENT(S):
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1. STATE OF KERALA
REPRESENTED BY THE SECRETARY,
HOME, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2. THE DISTRICT POLICE CHIEF,
BAZAR P.O., ALAPPUZHA-688012.
3. INSPECTOR OF POLICE,
ALAPPUZHA NORTH POLICE STATION,
ALAPPUZHA-688561.
4. SUB INSPECTOR OF POLICE,
ALAPPUZHA NORTH STATION, ALAPPUZHA-688561.
5. ALLEPPEY DISTRICT COIR FACTORY THOZHILALAI UNION (AITUC),
REG.NO.271/58, ROOM NO.105, MUNICIPAL SATHRAM,
ALAPPUZHA-688007.
6. DISTRICT LABOUR OFFICER,
ALAPUZHA-688524.
R5 BY ADV. SRI.C.A.RAJEEV
BY GOVERNMENT PLEADER SRI.PADMARAJ.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
21-07-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rvs/
WP(C).No. 7739 of 2014 (N)
APPENDIX
PETITIONER(S)' EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION.
EXHIBIT P2 TRUE COPY OF CERTIFICATE ISSUED BY THE DEVELOPMENT
COMMISSIONER(CSEZ) FOR AND ON BEHALF OF THE SECRETARY TO THE
GOVERNMENT OF INDIA, MINISTRY OF COMMERCE AND INDUSTRY.
EXHIBIT P3 TRUE COPY OF CERTIFICATE ISSUED BY THE FEDERATION OF INDIAN
EXPORTS ORGANIZATIONS.
EXHIBIT P4 TRUE COPY OF CERTIFICATE OF RECOGNITION AS EXPORT HOUSE.
EXHIBIT P5 TRUE COPY OF THE LETTER DATED 11/02/2014.
EXHIBITP5(A) TRUE COPY OF ENGLISH TRANSLATION EXHIBIT P5.
EXHIBIT P6 TRUE COPY OF THE LETTER DATED 14/02/2014.
EXHIBIT P6(A) TRUE COPY OF ENGLISH TRANSLATION OF EXHIBIT P6(A).
EXHIBIT P7 TRUE COPY OF THE REPLY DATED 17/2/2014.
EXHIBIT P7(A) TRUE COPY OF THE RELEVANT PAGES OF THE MUSTER ROLL MAINTAINED
BY THE PETITIONER FIRM.
EXHIBIT P8 TRUE COPY OF THE COMPLAINT DATED 18/2/2014 SUBMITTED TO THE
4TH RESPONDENT.
EXHIBIT P8(A) TRUE COPY OF THE ENGLISH TANSLATION OF EXHIBIT P8.
EXHIBIT P9 TRUE COPY OF THE LETTER DATED 21/02/2014.
EXHIBIT P9(A) TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P9.
EXHIBIT P10 TRUE COPY OF THE NOTICE DATED 20/02/2014.
EXHIBIT P10(A) TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBITP 10.
EXHIBIT P11 TRUE COPY OF NOTICE ISSUED BY THE 6TH RESPONDENT DATED
26/02/2014.
EXHIBIT P11(A) TRUE COPY OF ENGLISH TRANSPORTAION OF EXHIBIT P11.
EXHIBIT P12 TRUE COPY OF REPLY DATED 04/03/2014 ISSUED BY THE PETITIONER.
EXHIBIT P13 TRUE COPY OF THE COMPLAINT DATED 15/03/2014 PREFERRED BY
PETITIONER TO RESPONDENTS 1 TO 4.
EXHIBIT P14 TRUE COPY OF CERTAIN PERFORMA INVOICE ESTABLISHING THE EXPORT
ORDERS.
WP(C).No. 7739 of 2014 (N)
RESPONDENT(S)' EXHIBITS:
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EXHIBIT R5(A) TRUE COPY OF MEMORANDUM OF AGREEMENT DATED 27/02/2013.
EXHIBIT R5(A)(A) TRUE COPY OF THE MEMORANDUM OF AGREEMENT DATED 27/02/2013.
EXHIBIT R5(B) TRUE COPY OF THE COMPLAINT DATED 14/02/2014 MADE BY 5TH
RESPONDENT TO THE 6TH RESPONDENT.
EXHIBIT R5(B)(A) TRUE COPY OF THE ENGLISH TRANSLATION OF COMPLAINT DATED
14/02/2014 MADE BY 5TH RESPONDENT TO THE 6TH RESPONDENT.
EXHIBIT R5(C) TRUE COPY OF LETTER DATED 21/02/2014 SENT TO THE
PETITIONER BY THE 5TH RESPONDENT.
EXHIBIT R5(C)(A) TRUE COPY OF ENGLISH TRANSLATION OF LETTER DATED
21/02/2014 SENT TO THE PETITIONER BY THE 5TH RESPONDENT.
EXHIBIT R5(D) TRUE COPY OF NOTICE DATED 03/03/2014 SENT TO PETITIONER BY
THE 6TH RESPONDENT.
EXHIBIT R5(D)(A) TRUE COPY OF ENGLISH TRANSLATION OF NOTICE DATED
03/03/2014 SENT TO PETITIONER BY THE 6TH RESPONDENT.
EXHIBIT R5(E) TRUE COPY OF REPLY DATED 26/03/2014 OF THE PUBLIC
INFORMATION OFFICER OF THE 6TH RESPONDENT.
EXHIBIT R5(E)(A) TRUE COPY OF ENGLISH TRANSLATION OF REPLY DATED 26/03/2014
OF THE PUBLIC INFORMATION OFFICER OF THE 6TH RESPONDENT.
/true copy/
P.A.TO JUDGE
rvs/
ASHOK BHUSHAN &
A.M.SHAFFIQUE, JJ.
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W.P.(C) No.7739 of 2014
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Dated this the 21st July, 2014
JUDGMENT
Ashok Bhushan, J.
Heard learned counsel for the petitioner, learned counsel for the private respondent and learned Government Pleader.
2. By this writ petition, petitioner has prayed for a mandamus commanding respondents 2 to 4 to provide adequate police protection to the personnel of the petitioner establishment, to ensure smooth functioning of factory of the petitioner without interference by members of the 5th respondent union.
3. Petitioner's case in the writ petition is that the petitioner is a 100% export oriented unit which has been granted appropriate licence by the Government of India under the special scheme. The petitioner's case is that it is carrying out its work through its own workers and at the instance 5th respondent obstruction was made to which complaint was submitted by the Manager before the police as Ext.P13 dated 15.03.2014. it is submitted that there was no obstruction till 13.03.2014 and it was W.P.C.No.7739 OF 2014 2 only thereafter obstruction was created for which police protection was sought for. After hearing the writ petition this Court has already passed an interim order dated 18.03.2014 which has been extended from time to time. Learned counsel for the 5th respondent submitted that the employees of the 5th respondent are not being paid their minimum wages and benefits. It is submitted that the General Secretary of the Union has already submitted a complaint before the District Labour Officer dated 14.02.2014 and with regard to eight members of the union who claims to be working on daily wages in the petitioner's mill complaint submitted is that management has not taken any steps to make them permanent or paid them minimum wages, bonus or other benefits. It is submitted by the learned counsel for the 5th respondent that on a complaint submitted, notice were issued to the petitioner for conciliation, on which although on few days they appeared, but on the last day no appearance was made.
4. Learned counsel for the petitioner submitted that petitioner has put appearance before the District Labour Officer and has made categorical statements that workers claimed by the W.P.C.No.7739 OF 2014 3 5th respondent are not the workers of the petitioner establishment and they are workers of one 'Aee Pee Rubber Industries' and those workers do the finishing works of Poly Propelene products. After having heard the counsel for the parties we notice that the petitioner is an export oriented unit which is carrying on its activities and it is submitted that there has been no obstruction till 13.03.2014 and thereafter an obstruction was made by the 5th respondent, complaint was filed before the police and under orders of this Court, police protection was given. The 5th respondent has already filed a complaint before the District Labour Officer claiming permanency and minimum wages and other benefits which complaint has been taken cognizance and the matter is proceeding before the District Labour Officer for appropriate decision.
5. In the facts and circumstances of the case, we direct that the respondents 2 to 4 shall ensure that no hindrance is caused in running of the petitioner's mill. We further observe that the 6th respondent before whom the complaint has already been filed shall proceed to take appropriate decision in accordance with law. W.P.C.No.7739 OF 2014 4
With these directions, the writ petition is disposed of.
Sd/-
ASHOK BHUSHAN, JUDGE Sd/-
A.M.SHAFFIQUE, JUDGE
sd
// TRUE COPY // P.A. TO JUDGE