Facts of the Case

This case is about police protection for business operations amid a local labour dispute, and does not involve any GST question — the petitioner's GST registration certificate is listed only as Exhibit P1, one of several supporting documents. Brothers Steels & Tubes, a firm in Thiruvananthapuram, sought police protection for loading and unloading operations at its premises using an Electric Overhead Travelling Crane, amid resistance apparently connected to headload workers' unions (CITU and INTUC unit respondents). The Court had earlier, on 21.08.2023, ordered necessary police protection for these operations.

Issues Involved

  1. Whether the earlier interim order for police protection should be made absolute, given the submission that no law-and-order situation currently prevailed in the area and that the area was not a scheme-covered area (relevant to headload workers' welfare scheme applicability).

Petitioner's Arguments

  • The petitioner sought confirmation of continued police protection for its crane-based loading/unloading operations, relying on its GST registration certificate and purchase invoice for the crane (Exhibits P1 and P2) as proof of its bona fide business operations.

Respondent's Arguments

  • Counsel for Respondent Nos. 4 and 5 (the CITU and INTUC union units) submitted that there was no law-and-order situation currently prevailing in the area, and that the area in question was not a scheme-covered area.

Court Order / Findings

  • Taking these submissions on record, the Court made its earlier order dated 21.08.2023 granting police protection absolute.
  • The writ petition was disposed of accordingly.

Important Clarification

The petitioner's GST registration certificate is referenced only as a supporting exhibit establishing it as a genuine registered business entitled to carry on its operations — there is no GST ruling in this order. It is a straightforward confirmation of an interim police-protection order in a labour-relations context.

Sections Involved

  • Article 226, Constitution of India — writ jurisdiction for a mandamus directing police protection.
  • No GST provision was interpreted; the GST Registration Certificate was submitted only as Exhibit P1 to establish the petitioner's business identity.

Decision – In Favour of

Decided in favour of the petitioner; the interim order granting police protection was made absolute.

Case Details

Court: High Court of Kerala at Ernakulam
Case No.: WP(C) No. 25439 of 2023
Coram: Hon'ble Mr. Justice Sathish Ninan
Date of Judgment: 12.09.2023

Link to Download the Order

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