Paracoat Products Ltd v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.03.2022 C O R A M THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA W.P.No.3845 of 2022 and W.M.P.No.4004 of 2022 Paracoat Products Limited, 6B, Sipcot Industrial Complex, Phase - 1, Hosur - 635 126.

Rep by its Authorised Signatory.

...Petitioner

.Vs.

1.The Inspector of Police, Sipcot Police Station, Sipcot, Hosur 1.

2.Paracoat Products United Employees Union, Affiliated to FITU, No.78, Tank Street, (Ajanta Press Near).

SBS Hospital Opp, Hosur 635 109.

Rep by its President Mr.Sundaram S

...Respondents

Prayer Writ Petition filed under Article 226 of the Constitution of India, prayed for the issuance of Writ of Mandamus, directing the 1st respondent herein to provide adequate police protection for ingress and egress of vehicles and people from in and out of the factory premises and further vacate the trespassing workmen by ensuring that no striking workers assemble illegally in any form within the radius of 500 meters from petitioner's factory premises namely, 6B, Sipcot Industrial Complex, Phase -1, Hosur 635 126 pursuant to the complaint of the petitioner dated 04.02.2022.

For Petitioner :

Mr.Haroon for T.S.Gopalan and Co.

For Respondents :

Mr.A.Gokulakrishnan Additional Public Prosecutor for R1 No appearance for R2

ORDER

This writ petition has been filed to direct the 1st respondent herein to provide adequate Police protection for ingress and egress of vehicles and people from in and out of the factory premises and further to vacate the trespassing workmen by ensuring that no striking workers assemble illegally in any form within the radius of 500 meters from petitioner's factory premises namely, 6B, Sipcot Industrial Complex, Phase -1, Hosur 635 126, pursuant to the complaint of the petitioner dated 04.02.2022.

2.

The contention of the petitioner is that the petitioner/Company engaged in manufacturing of Sound Deadner Pads (Melt Sheet) and they supply the manufactured parts of major OEM's automobile companies in India. The petitioner is having five factories across India. There are more than 242 employees including 109 staffs employeed in the factory. Out of 84 workmen of the petitioner/factory, 70 persons have, over the years, have been represented by a Union and they have been members of "Paracoat Products Employees Union" affiliated with AITUC, whereas few employees have joined the 2nd respondent/ Union in respect of the trade dispute between the few employees and the enquiry proceedings are initiated by the petitioner and they are pending. While so, on 02.02.

2022, the members belonging to the 2nd respondent/Union, along with President of an external union and few outsiders, forcefully gathered before the main gate and agitated against the petitioner/Company. They have also attempted to instil fear among other willing employees and forced other employees to join their Union and they are also preventing ingress and egress of men and materials in the factory premises of the petitioner/company. The petitioner had sent a representation to the 1st respondent on 04.02.2022 to take action and provide Police protection for ingress and egress of men and materials in the factory premises of the petitioner/company.

3. The learned Counsel appearing for the petitioner submitted that though the petitioner has no objection in the employees holding protest or demonstration in a peaceful manner 500 meters away from the main gate of the factory premises, the only objection is that they should not illegally prevent the ingress and egress of the men and materials in and out of the factory premises. He would further submit that the petitioner has given a representation to the 1st respondent seeking for Police protection and no action has been taken so far.

4. The 1st respondent has filed a counter and paragraph Nos.4 to 6 of the counter reads as follows:

"4.It is submitted that through proper channel, the above said petition was received by the respondent Police on 10.02.2022 and taken up the petition for enquiry. During the course of enquiry, the respondent Police called to petitioner and counter petitioner for enquiry and both were appeared before me for enquiry.

5.It is submitted that during the course of investigation, I obtained statement from Mr.S.Sundaram, in which stating that he as President at Paracoat Products United Employees Union. The above said company 47 workers approached to him for above said union. Since, the above said company 2018 to 2021 absent to the above said 6 workers with the intention of revenge and doing investigation. The petitioner not approached to the Mr.S.Sundaram and other workers for salary meeting. And Mr.S.Sundaram and union members not speak about company management in filthy languages. The Paracoat Products United Employees Union lodged a complaint against above said company management before the Labour Court and the case is adjourned to 09.03.2022.

6.It is submitted that there is no specific threat to the petitioner. Hence, at this stage, there is no necessity for adequate police protection to the petitioner as prayed by them. For the above said reasons, this petition has no merits and the same has to be dismissed."

5.The learned Additional Public Prosecutor would submit that the representation of the petitioner was received on 10.02.2022 and it was taken up for enquiry. During the course of enquiry, the respondent/Police called to the office bearers of the petitioner/Company and counter petitioner for enquiry and both have appeared before the respondent Police and during the course of enquiry, a statement has been recorded that he as President at Paracoat Products United Employees Union. It was also informed that trade disputes are pending between the petitioner/company and the 2nd respondent /Union. He would further submit that, in the event of any breach of law and order, the 1st respondent Police will take appropriate action.

6. Heard the submissions made by the learned Counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the 1st respondent and perused the records.

7.Considering the submissions, this Court directs the 1st respondent - Police to give adequate Police protection for ingress and egress of men and materials in and out of the factory premises of the petitioner/Company and to ensure that no demonstrating or striking persons assemble illegally in any form within the radius of 200 meters from the main gate of the factory premises of the petitioner/Company.

8.With the above directions, this Writ Petition stands disposed of. No costs. Connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vkr To:

1.The Inspector of Police, Sipcot Police Station, Sipcot, Hosur 1.

2.The Public Prosecutor, High Court of Madras.

+1cc to M/s.T.S.Gopalan & Co, Advocate, S.R.No.13665/2022 W.P.No.3845 of 2022 and W.M.P.No.4004 of 2022 JPL(CO) RN(23/03/2022)