Kerala High Court directs Police to ensure law and order during Swiggy delivery partners strike

The Kerala High Court recently directed the State police to ensure that strike by Swiggy delivery partners (DPs) do not affect law and order and the DPs on strike do not indulge in any overt act or threats towards Swiggy officials, its employees and other DPs [Bundl Technologies Pvt. Ltd v The Director General of Police and others].Justice Anu Sivaraman also issued notice to the DPs on strike, their union, Food Order Delivery Workers District Council, and its office bearers. She also directed the Government Pleader to get instructions on the matter. The matter will be heard next on December 6, 2022..Swiggy is an e-commerce company engaged in providing an online platform through its website and a mobile application known as the “Swiggy app”. They provide two services, one is food delivery from restaurants through their delivery partners, and the other is, pick up and drop off of essential and permitted items through DPs.The present plea was moved by Bundl Technologies Pvt Ltd (Swiggy) to provide police protection at its office premises, restaurants, and its DPs in the event of any illegal use of force by the other DPs who are currently on strike.Swiggy contended in its plea that a few persons who are working as DPs had approached them making illegal demands which were not acceded to.Subsequently, these persons were intimidating other DPs to stop work, through force and threats of violence, due to which several complaints were made before police stations across the district of Ernakulam, the plea added.The plea said that since then, many DPs in Ernakulam alone informed the police officers of a possible law and order situation as a consequence of the illegal force and threats of violence perpetrated on the DPs willingly engaged in the delivery services petitioner.“Even though these individuals are causing trouble under the garb of labour issues, it is to be noted that the payment structure is much more profitable than that of other similar platforms, The fact that the petitioner has been singled out and targeted having the more lucrative emoluments scheme has led to a strong bonafide belief that these are orchestrated by certain miscreants who are goons for hire,” the plea said.The plea further said that they came to know that DPs causing trouble have also threatened to cause damage to the Swiggy offices and that there have been instances of working DPS being stopped and mobbed on the roads.Swiggy stressed that the condition is going from bad to worse and could result in an imminent law and other problems unless they are granted protection.Therefore, Swiggy approached the Court for police protection to declare that the DPs have no authority to call for and hold strikes by using violence, intimidation, or threats.The petitioner was represented by advocates V Ajakumar, Sidharth A Menon and Muhammed Aljuq..[Read Order]