Srisailam Left Bank Hydro Electric, Scheme Contract Workers v. The Govt. Of A.P. Labour, Employment, Training And Factories

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.29913 of 2011 ORDER:

The petitioner in this case is Sri Srisailam Left Bank Hydro Electric Scheme Contract Workers and Employees Union, Mahabubnagar. Its prayer is in the following terms: "For the reasons stated accompanying affidavit, it is therefore prayed that this Honourable Court may be pleased to call for the records from the Respondents and issue writ or order, direction particularly one in the nature of writ of mandamus and to declare the inaction of Respondents 2 to 4 in interfering Petitioner's Union Activities against the 5th Respondent without any due process of law is arbitrary, illegal, unjust, contrary to law, perverse, and also in violation of Articles 14 and 21 of the Constitution of India and consequently direct the respondents herein not to interfere the Petitioners Union's activities against the 5th Respondent without due process of law and pass such other order or orders as this Honourable Court may deem think fit and proper in circumstances of the case."

It appears that the petitioner union has a grievance with the management, which is impleaded as the fifth respondent herein.

The complaint in the present writ petition was that the police authorities were interfering with the petitioner union's activities against the management without following the due process of law. In the body of the affidavit, it is stated that the police were resorting to arrest

of the members of the petitioner union who were fighting against the management to achieve their legal demands. However, no specific instances have been set out as to the alleged illegal arrests.

In that view of the matter, this Court is of the opinion that a blanket order cannot be granted preventing the police authorities from interfering even if the members of the petitioner union resort to any criminal activity. If the police need to take action against such activities, they would necessarily have to interfere with the petitioner union and its members.

This writ petition is therefore dismissed leaving it open to the members of the petitioner union who may have any individual grievance as regards the police action, if any, initiated against them, to take recourse to appropriate remedies available to them in law. Pending miscellaneous petitions shall also stand dismissed. No order as to costs.

____________________ SANJAY KUMAR, J 24th JUNE, 2015.

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