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2026 Supreme(Online)(Ker) 29882

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Gopinath P., J
MRF Limited – Appellant
Versus
State of Kerala – Respondent
WP(C) No. 15511 of 2026



Advocates:
For the Appellants/Petitioners: Abel Tom Benny, D. Prem Kamath, Aaron Zacharias Benny, V.G. Sankaran, Mathew Angelo Davis, Tessa Rose, Jyothika Krishna, Akhil James
For the Respondents: Asok M. Cherian, Navaneeth. N. Nath, Abhirami S., Abdul Latheef P.M., Krupa Saji, Arun Gopi G. L., N. Satheesh, Resmi Thomas

The court directed police to maintain law and order while affirming that peaceful industrial agitation is permissible provided it does not cause obstruction to the factory's ingress, egress, or normal business operations.

Headnote:The petitioners, a manufacturing entity and its representative, filed a writ petition seeking police protection against various trade unions under the Industrial Relations Code, 2020. The petitioners alleged that the respondent unions were obstructing the free ingress and egress of personnel and vehicles to the factory premises due to ongoing labour disputes. The court sought to balance the right to undertake peaceful industrial agitation with the necessity of maintaining law and order and unhindered access to factory operations. The core issues framed were whether the petitioners were entitled to police protection to prevent obstruction and whether the union activities violated the operational rights of the factory. Determining the balance between the rights of workers to demonstrate and the right of the management to operate, the court affirmed that while peaceful protest is permissible, it cannot result in the obstruction of ingress and egress of the factory. The writ petition was disposed of with the direction that the police authorities ensure law and order is maintained, while clarifying that the order shall not hinder peaceful agitation by the respondents in accordance with the law.

Table of Content
1. factual background regarding industrial disputes and request for police protection. (Para 1 , 2)
2. balancing the right to peaceful protest with industrial operations and maintaining public order. (Para 3 , 4 , 5)

JUDGMENT This writ petition has been filed seeking police protection. It is the case of the petitioners that respondents 5 to 9, who are the trade unions representing certain workmen, have raised disputes regarding disciplinary action taken against some workmen. It is submitted that the matter has already before the labour authorities and conciliation proceedings have been initiated under the Industrial Relations Code, 2020. According to the petitioners, while the conciliation proceedings were pending, the respondent unions issued a communication threatening to resort to strike and agitation from 27.04.2026 and conducted demonstrations and agitation causing obstruction and blocking free ingress and egress of officers, employees, contract workers and vehicles to and from the factory premises of the petitioners. The petitioners then approached the police authorities and thereafter, filed this writ petition seeking the following reliefs:-

“i) issue a writ of mandamus or other appropriate writ, order or direction, directing respondents 2 to 4 to afford adequate and effective protection for smooth functioning of the activities of the petitioner's factory at Vadavathoor P.O, in Kottayam District and to ensure that no obstruction is caused to the free ingress and egress of permanent employees, contract workers, temporary employees, the apprentices, managerial persons, staffs, vehicles, stockiest, raw material distributors, visitors etc. to and from the factory of the petitioner and also to ensure smooth functioning of the said factory without any disturbance or obstruction in any manner by 5th to 9th respondent or their members or any person on their behalf;

ii) To restrain the 5th to 9th respondent and its members from conducting any dharna, jatha, demonstration, or protest or meeting inside the factory premises and within a radius of 100 meters from the entrance of the Petitioner's factory at Vadavathoor P.O, in Kottayam District.”

2. This Court on 24.04.2026, passed the following order:-

“Issue notice by speed post to respondents 5 to 9. In the light of the order passed in W.P(C)No. 9640 of 2026, there will be an interim order as prayed for, for a period of four weeks. Post on 21-05-2026.”

3. Heard the learned counsel appearing for the petitioners, the learned counsel appearing for respondents 6, 7, 8 and 9 and the learned Government Pleader appearing for the official respondents.

4. Despite service of notice, there is no appearance for the 5th respondent.

5. The learned Government Pleader submits that at present there is no law and order situation and no obstruction is caused to the free ingress and egress to the factory of the petitioners.

6. The learned counsel appearing for respondents 6 to

9 would submit that they are only carrying out a peaceful agitation and do not intend to block the ingress and egress to the factory of the petitioners.

Having heard the learned counsel for the petitioners, the learned Government Pleader and the learned counsel appearing for respondents 6 to 9 and in the light of the submissions made, this writ petition will stand disposed of directing that if any law and order situation arises, the 4th respondent will ensure that law and order is maintained. It is made clear that this order will not prevent respondents 5 to 9 from carrying out any peaceful agitation, in accordance with the law.

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