GAIL (INDIA ) LTD Vs. STATE POLICE CHIEF

JUDGEMENT

(1.) The petitioner is a wholly owned Government of India undertaking, stated to be executing the Kochi - Kootanad - Bagalore - Mangalore Gas Pipeline, a large project involving investment of over Rs.3, 300 Crores. This project is being implemented by the petitioner Company to facilitate flow natural gas for being supplied and distributed to individual households, commercial sector and transport sector by laying state-of-the-art pipeline system subterraneously.

(2.) The petitioner says that they have engaged different contractors in different sections of the work and their present grievance appears to be with respect to the segment of work being continued at the Udyogamandal area of Kochi. The petitioner submits that this part of the work has been contracted to a company by name M/s IL & FS Engineering Services and that since it involves great skill and expertise, the said contractor has its own highly trained and experienced workers for executing the work. According to the petitioner, the major part of the loading and unloading work is with respect of large and heavy pipes of over 12 meters in length, which can be done only by resorting to heavy machinery, including cranes for the purpose of lifting and installing and that it not humanly possible to do this manually.

(3.) As per the allegations impelled by the petitioner in this case, respondents 5 to 8, who are the registered Trade Unions of the employees available in the said area, began demanding that their employees be either engaged for loading and unloading or that they be paid what is now commonly known as the 'nokku kooli' which literally translates as charges for watching. The petitioner has, therefore, filed this writ petition praying that the respondents 1 to 3 be directed to afford adequate and effective police protection to enable them to carry out the work of loading and unloading the pipes, machineries and other heavy equipments with the help of cranes and other mechanical lifting equipment, without any let or hindrance from respondents 5 to 8 and their members.