The court confirmed the interim protection for business continuity during conciliations while ensuring no trade union disruption.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

WEDNESDAY, THE 18^TH DAY OF FEBRUARY 2026 / 29TH MAGHA, 1947 WP(C) NO. 24094 OF 2025 PETITIONER/S:

M/S. S - MAX INDIA CONTRACTOR, INDANE BOTTLING PLANT, UDAYAMPEROOR, ERNAKULAM DISTRICT HAVING ITS OFFICE ADDRESS AT CC NO. 57/2131, 1ST FLOOR, KP VALLON ROAD, OPP. ST. JOSEPH CHURCH , KADAVANTHRA, KOCHI, REPRESENTED BY ITS PROPRIETOR, SANU M.C., PIN - 682020 BY ADVS.

SHRI.C.S.AJITH PRAKASH SHRI.T.K.DEVARAJAN SHRI.BABU M.

SMT.ANCY THANKACHAN SHRI.XAVIER K.K. SMT.KRISHNENDU.D SMT.VILASINI NAYAK RESPONDENT/S:

1 COMMISSIONER OF POLICE KOCHI CITY OFFICE OF THE COMMISSIONE R OF POLICE, MARINE DRIVE, ERNAKULAM, PIN - 682011 2 ASSISTANT COMMISSIONER OF POLICE OFFICE OF THE ASSISTANT COMMISSIONER OF POLICE, THRIKKAKARA, KAKKANAD, KERALA, PIN – 682021

3 STATION HOUSE OFFICER(SHO)

UDAYAMPEROOR POLICE STATION, UDAYAMPEROOR, ERNAKULAM, PIN - 682307

4 INDIAN OIL CORPORATION LTD KERALA STATE OFFICE, PANAMPILLY NAG AR, ERNAKULAM,REPRESENTED BY ITS CHIEF GENERAL MANAGER AND STATE HEAD, PIN - 682307 5 DEPUTY GENERAL MANAGER (PLANT)

INDIAN OIL CORPORATION LTD, LPG PLANT UDAYAMPEROOR ERNAKULAM DISTRICT, PIN - 682307

6 THE CHIEF PLANT MANAGER INDANE BOTTLING PLANT, INDIAN OIL CORPORATION LTD., UDAYAMPEROOR, ERNAKULAM DISTRICT, PIN - 682307

7 ASSISTANT MANAGER PLANT MAINTENANCE INDANE BOTTLING PLANT, INDIAN OIL CORPORATION, PIN - 682307

8 ANIL KUMAR KM KUNNEL HOUSE UDAYAMPEROOR PO, MANKUNNAM, ERNAKULAM PIN, PIN - 682307

9 PRAKASHAN KK KANNAMVELIYIL HOUSE ,MANAKUNNAM , P OOTHOTTA PO, PIN - 682307

10 RATHEESH VG MANUKUNNAM VILLAGE ,UDAYAMPEROOR, ERNAKULAM PIN, PIN - 682307

11 MK GEORGE SECRETARY ,KERALA PETROLEUM GAS WORKERS UNION CITU ,SECOND FLOOR ,KCEU OF FICE , SHENOY ROAD ,PARAKKATIL LANE , KOCHI, PIN - 682017 12 THE PRESIDENT IOC-INTUC LPG BP CYLINDER AND GENERAL WORKERS CONGRESS, NADAKKAVU ,P.O,UDAYAMPEROO, PIN -

682307 BY ADVS.

SHRI.NITHIN GEORGE SHRI.S.KRISHNA MOORTHY(ERNAKULAM)

SHRI.SUVIN R.MENON, SENIOR PANEL COUNSEL SHRI.M.V.HARIDAS MENON SHRI.RITHU JOSE SHRI.V.KRISHNAN KUTTY SHRI.BALAGOPALAN B.

SMT.SREEDEVI RADHAKRISHNAN SHRI.PRABHAKARAN MARAR K.V.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

This writ petition is submitted by the petitioner seeking the following reliefs:

“i. Issue a writ of mandamus or any other writ or order, directing the respondents 1 to 3, to consider Exhibit P20 and P21 petition for police protection and to provide adequate and meaningful police protection to the petitioner, their men, staff, workers engaged IN the absence of the existing workers and the equipment to carry out the work contract awarded as per Exhibit P1 letter of without any obstructions from respondent 8 to 12 or any other person acting under them in the name of trade union, in the interest of justice.

ii. Issue a writ of mandamus or any other writ or order directing the respondents 4 to 7 to take appropriate steps to prevent the entry of unauthorized trade union leaders to create industrial unrest while carrying out the contract work awarded to the petitioner.

iii. to declare that the petitioner is entitled to carry out its contract work awarded by the respondents 4 to 7 as per Exhibit P1 work order utilizing the service and manpower of workers as may be decided by the petitioner contractor irrespective of any dictates from respondents 11 to 12 or from any other men, Trade Union representing the workers., in the light of the Division Bench decision reported in M/s.Afcons Infrastructure Ltd and another Vs CI of Police, Njarakkal & Ors (2008(4)KHC 700).

iv. To issue such other writ, order or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case or as may be prayed from time to time.

v. To issue such other appropriate order or directions dispensing with the filing of English translation of the vernacular documents produced along with the writ petition.”

2. Ea