M/S.Dr Enterprise Automotive v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.No.32901 of 2015 and M.P.No.1 of 2015 M/s.DR Enterprise Automative Pvt. Ltd., No.7, Othappai Village, Uthukkottai Taluk, Thiruvallur District 602 203 Rep by its Deputy Manager HR S.Sakthivelan
...Petitioner
-Vs1. The Inspector of Police, Pennalurpet Police Station, Uthukottai Taluk 602 022 Thiruvallur District.
2. The Superintendent of Police, Thiruvallur District, Thiruvallur 602 001.
3. United Labour Federation (ULF) Rep by its Secretary, (Regn. No.2657/CNI) No.149, Thambu Chetty Street, C.J.Complex, IV Floor, Chennai 600 001.
4. The Assistant Commissioner of Labour Conciliation II, Kuralagam, Chennai 600 108.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to provide adequate police protection for the safety, security and protection to the lives and property of the petitioner's factory, management officials, staffs and other workers from the illegal acts of the delinquent workers, their henchmen, supporters and pass orders. For Petitioner :
No appearance For Respondents :
Mr.C.Selvaraj for RR1, 2 & 4 Additional Government Pleader No appearance for R3
O R D E R
On the apprehension that the members of the 3rd respondent Trade Union are indulging in unlawful activities and creating nuisance in the factory premises, a civil suit came to be filed by the Management for permanent injunction to run their business smoothly and an interim injunction was granted by the Civil Court on 28.04.2015. In order to implement the interim order of injunction, the petitioner now seeks for Police protection to their factory premises.
2.This Court, by an order dated 14.10.2015, had made an interim direction to the respondents 1 and 2 to give adequate and proper protection to the petitioner's factory premises, so as to enable the petitioner/Company to carry on lawful activities till 03.12.2015.
3.This Court is of the view that the cause of action which arose in the year 2015 may not continue as on date and even otherwise, in case the Management is of the view that there are unlawful presumption of business activities now by the workers, the petitioner for this fresh cause of action, requires to approach the Police authorities first and thereafter, workout their remedies in accordance with law.
4.Above all grievances of the petitioner are considerably met through the interim order passed by this Court on 14.10.2015, whereby Police protection was already extended. As such, no effective orders can be passed in this background. Accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vkr To:
1. The Inspector of Police, Pennalurpet Police Station, Uthukottai Taluk 602 022 Thiruvallur District.
2. The Superintendent of Police, Thiruvallur District, Thiruvallur 602 001.
3. The Secretary, United Labour Federation (ULF) (Regn. No.2657/CNI) No.149, Thambu Chetty Street, C.J.Complex, IV Floor, Chennai 600 001.
4. The Assistant Commissioner of Labour Conciliation II, Kuralagam, Chennai 600 108.
+1cc to Government Pleader SR. No.69570 W.P.No.32901 of 2015 and M.P.No.1 of 2015 NRL (CO) PR (10/01/2022)