Mailam India Private Limited v. The Station House Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.06.2022
CORAM:
THE HON'BLE MR.JUSTICE N.SATHISH KUMAR W.P.NO.14563 OF 2022 AND W.M.P.NO.13766 OF 2022 Mailam India Private Limited Registered Office Mailam Main Road Sedarapet Pondicherry - 605 111.
Rep. by its Vice President.
...Petitioner
Vs.
1.The Station House Officer Sedarapet Police Station Puducherry.
2.Mailam India Limited Thozhilar Nala Sangam Represented by Secretary CITU, No.42, Bharathi Mill Thittu, Muthaliyarpet, Cuddalore Road, Pondicherry - 605 004.
...Respondents
PRAYER :
Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to provide adequate police protection for ingress and egress of vehicles and people from in and out of the factory premises and further prevent trespassing workmen by ensuring no striking workers assemble illegally in any form out of the radius of 500 meters from Petitioner factory premises namely Mailam India Private Limited Registered Office, Mailam Main Road, Sedarapet, Pondicherry - 605 111 and Mailam India Private Limited, Unit II, 11th cross, PIPDIC Industrial Estate, Mettupalayam, Pondicheery - 605 009 pursuant to the complaint of the Petitioner dated 21.05.2022 and 01.06.2022. For Petitioner :
Mr.Haroon Al Rasheed For T.S.Gopalan and Co.
For Respondents :
Mr.V.Balamurugane Additional Public Prosecutor (Pondicherry) (For R1)
ORDER
This Writ Petition has been filed, directing the first respondent to provide adequate police protection for ingress and egress of vehicles and people from in and out of the factory premises and further prevent trespassing workmen by ensuring no striking workers assemble illegally in any form out of the radius of 500 meters from Petitioner factory premises namely Mailam India Private Limited Registered Office, Mailam Main Road, Sedarapet, Pondicherry - 605 111 and Mailam India Private Limited, Unit II, 11th cross, PIPDIC Industrial Estate, Mettupalayam, Pondicheery - 605 009 pursuant to the complaint of the Petitioner dated 21.05.2022 and 01.06.2022. 2.
It is the contention of the learned counsel for the petitioner that one of the employees of the petitioner company was transferred to some other branch due to administrative reasons and agitating the same and at the instigation of that employee, other employees are squatting the premises and blocking the other workmen from entering into the workplace. He added that despite the repeated representations, the respondent police have not taken any action to prevent the same. Hence the petition.
3.Learned Additional Public Prosecutor appearing for the respondent undertakes to provide necessary police protection to the petitioner company for ingress and egress of vehicles and people from in and out of the factory premises and further prevent trespassing workmen by ensuring no striking workers assemble illegally and other activities are not affected in the premises.
4.In such view of the matter, it is the duty of the police to provide necessary protection and prevent any unlawful activities by the agitated employees in the premises. If the workmen wanted to show their protest in a democratic way, they can do such protest out of the radius of 200 meters from the premises after obtaining necessary permission from the concerned jurisdictional police.
5.Subject to the above observation, this Writ Petition stands disposed of. Consequently, the connected miscellaneous petition is closed. No costs.
Sd/- Assistant Registrar(CS-VI) // True Copy // Sub Assistant Registrar kas
To 1.The Station House Officer, Sedarapet Police Station Puducherry.
2.The Public Prosecutor High Court of Madras, Chennai 600 104.
+1cc to M/s.T.S.Gopalan & Co., Advocate Sr.No.35420 W.P.No.14563 of 2022 and W.M.P.No.13766 of 2022 SKM(CO) RVM(24/06/2022)