Jbm Auto Limited v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.10.2022
CORAM:
THE HONOURABLE MS JUSTICE R.N.MANJULA W.P.No.22742 of 2021 and WMP No.23961 of 2021 JBM Auto Limited Rep. by its Assistant General Manager - HRBP Plot No.RNS - 1, Renault Nissan Supplier's Park, SIPCOT Industrial Growth Center, Sennakuppam Village, Sriperumbudur Taluk, Kancheepuram District - 603 105.
... Petitioner Vs.
1. The Inspector of Police, C5, Oragadam Police Station, Kancheepuram District.
2. JBM India Thozhilalargal Sangam (C.I.T.U) No.21 B, Vilakudi Kovil Street, kancheerpuram - 631 501.
...Respondents
Writ petition is filed under Section 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to provide adequate Police protection in and around the petitioner's factory premises to ensure that there is safe ingress of men and materials and that the procession of workmen at the instigation of the second respondent on 22.10.2021 is stoped 1000 meters away from the petitioner's factory premises situated at Plot No.RNS-1, Renault Nissan Supplier's Park, SIPCOT Industrial Growth 1/6
Center, Sennakuppam Village, Sriperumbudur Taluk, Kancheepuram District - 603 105.
For petitioner : Mr.S.Ravindran, Senior Advocate for Mr.S.Bazeerahamed For 1st Respondent : Mr.A.Damodaran, Additional Public Prosecutor
O R D E R
The Writ Petition has been filed seeking direction to the 1st respondent to provide adequate Police protection in and around the petitioner's factory premises to ensure that there is safe ingress of men and materials and that the procession of workmen should not be conducted within the radius of 100 meters from the petitioner's factory premises situated at Plot No.RNS-1, Renault Nissan Supplier's Park, SIPCOT Industrial Growth Center, Sennakuppam Village, Sriperumbudur Taluk, Kancheepuram District - 603 105.
2. The petitioner company is being engaged in manufacture of sheet metal products. It is the case of the petitioner that some of their workers who are the members of the 2nd respondent Union, suddenly started to engage themselves in strike from February 2021. During that course, they 2/6
started to act violently by disturbing the ingress and egress of vehicle and also disturbed the other workers who were not participating in the strike. Further, the very same petitioner has filed another Writ Petition in W.P.No.5003 of 2021 against the another Union by name Indian National Engineering Employees Union (Affliated I.N.T.U.C) Ambattur, Chennai before this Court, wherein an interim order has been granted on 26.02.2021.
3. Heard Mr.S.Ravindran, learned Senior Advocate appearing on behalf of Mr.S.Bazeerahamed counsel for the petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing for the 1st respondent.
4. The learned counsel for the petitioner would submit that the unrest continued from the month of September 2022.
5. The learned Additional Public Prosecutor, on instruction would submit that as on today, there is no problem between the petitioner and the 2nd respondent Union and normalcy restored.
6. In view of the above, there is no necessity as of now to issue any 3/6
direction to the 1st respondent to protect the petitioner factory. It is needless to mention that even if the workers intend to call for any strike, it should be conducted only 200 meters away from the petitioner premises. Even during the course of strike, there should not be any demonstration, blockage of pathway or shouting of slogans and thereby causing hindrance to ingress and egress of the members of the club or endanger the safety of men and materials of the petitioner club. In the event of any disturbance so caused by the respondent union, the petitioner is at liberty to approach the 1st respondents by way of filing proper representation and the respondent Police shall consider the same and take action in accordance with law.
7. With the above observation, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 27.10.2022 vum Index:yes/No Speaking order / Non speaking order To 4/6
The Inspector of Police, C5, Oragadam Police Station, Kancheepuram District.
5/6
R.N.MANJULA,J.
vum W.P.No.22742 of 2021 and WMP No.23961 of 2021 27.10.2022 6/6