The judgment emphasizes the duty of the police to protect life, liberty, property, human rights, and dignity of all persons in accordance with the law, and the need for a balance between worker rights and the prevention of violence and obstruction of business activities.

JUDGMENT :

Anil K. Narendran, J.

1. The petitioner is a company engaged in the business of producing natural rubber latex, which owns rubber plantation as well as factory for processing natural rubber latex at Mukkam in Kozhikode District. The petitioner company, which is engaging around 400 permanent employees and 175 casual workers, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 and 2 to afford and render necessary Police protection against the illegal obstructions caused by respondents 3 to 8 trade unions and their men, from operating and maintaining the plantation, factories and business of the company and from causing any hindrance to the procurement and transportation of raw materials and dispatching the processed goods and other ancillary and incidental activities connected thereto and further directing respondents 1 and 2 to take all legal steps necessary to ensure the routine business activities in the business premises of the company, by engaging workers who are willing to work and to do whatever is required to maintain law and order in the business premises, for protecting the properties and lives of the employees of the petitioner company.

2. Going by the averments in the writ petition, on account of certain labour issues with respondents 3 to 8 trade unions and workers who are members of those trade unions, the petitioner company submitted Ext. P5 representation before the District Labour Officer, Kozhikode for holding conciliation talk. Though conciliation talk was held on 10.06.2020, the office bearers of respondents 3 to 8 trade unions and workers did not yield to any amicable settlement. After the failure of conciliation talk, the workers become more aggressive and they started obstructing free ingress and egress of men and materials, consequent to which large quantities of processed rubber latex is lying as dead stock in the factory premises. The striking workers threatened the willing workers and substitutes with dire consequences. Even the administrative staff members of the petitioner company are threatened with dire consequences and their lives are in danger. The petitioner company submitted Ext. P7 representation dated 11.06.2020 before the 1st respondent District Police Chief seeking police protection and thereafter moved this writ petition before this Court, on 18.06.2020.

3. On 22.06.2020, when this writ petition came up for admission, this Court admitted the matter on file. The learned Senior Government Pleader took notice for respondents 1, 2 and 9. The petitioner was directed to take out notice to respondents 3 to 8. While ordering the writ petition to be listed on 23.07.2020 for the counter affidavit of the respondents, this Court granted an interim order as prayed for, i.e., an order directing respondents 1 and 2 to afford necessary protection to the petitioner company, to carry out its routine business activities, with the workers willing to work and to maintain law and order in its business premises by ensuring the life and liberty of its employees, till that date. The learned Senior Government Pleader was directed to communicate the gist of the order dated 22.06.2020 to respondents 1, 2 and 9 for prompt action.

4. On 22.07.2020, when this writ petition came up for consideration, the District Labour Officer, Kozhikode was suo motu impleaded as additional 10th respondent. It was submitted by the learned counsel for respondents 3 to 8 trade unions that the workers are deprived of their legitimate dues, i.e., their salary and other benefits. This Court by the order dated 23.07.2020 directed the additional 10th respondent District Labour Officer to initiate conciliation to resolve the dispute at the earliest, and extended the interim order granted on 22.06.2020, until further orders, and the learned Government Pleader was directed to intimate that order to the additional 10th respondent.

5. Heard the learned counsel for the