Reep Industries Private Limited, v. The Deputy Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.11.2022 CORAM :
THE HONOURABLE Ms. JUSTICE R.N.MANJULA and W.M.P No.31028 of 2022 Reep Industries Private Limited No.A1F4, Industrial Estate, Marimalai Nagar, Kancheepuram Tamilnadu-603 209 Represented by its Authorised Signatory Mr.I.Robert.
... Petitioner Vs 1.The Deputy Commissioner of Police Office of the Deputy Commissioner of Police Tambaram Police Station Chennai-600 045.
2.The Assistant Commissioner of Police Tambaram Commissionerate Guduvanchery Police Station Guduvanchery-603 202 3.The Inspector of Police, Maraimalai Nagar Industrial Estate Police Station, Chennai-603 209.
4.G.Jagadishkumar 5.D.Shanmugam 1/7
6.G.Venkatesan 7.E.Satheeshraj 8.A.Murugan 9.J.Muthukumar 10.G.Sethu Raman 11.K.Perumal 12.A.Kumaran 13.P.Senthilkumar 14.S.Vikki 15.M.Balakrishnan 16.S.Yokgopu 17.S.Prabakaran 18.J.Nagendiran 19.M.Pugazhenthi 20.N.Muthukumar 21.G.Palani 22.R.Ettiappan 23.D.Shanmugavadivelu 24.S.Muthu 25.R.Selvaraj 26.E.Mohanraj 27.L.Sadeesh 28.D.Anbarasu 29.S.Pavendhan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, seeking to issue a Writ of Mandamus or any other order / direction in the nature of Writ, directing the respondents 1 to 3 to provide adequate police protection for the safety, security and protection to the lives and property of the petitioner, their staff and workmen working in Unit-II from the illegal acts of the 4th to 29th respondents, their henchmen and supporters.
2/7
For Petitioner : Mr.A.R.L.Sunderesan Senior Cunsel For Mr.JP. Karunakaran For Respondents : Mr.S.Santhosh for R1 to R3 Government Advocate (Crl.side)
O R D E R
The Writ Petition has been filed, seeking to issue a Writ of Mandamus, directing the respondents 1 to 3 to provide adequate police protection for the safety, security and protection to the lives and property of the petitioner, their staff and workmen working in Unit-II from the illegal acts of the 4th to 29th respondents, their henchmen and supporters.
2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents 1 to 3.
3. The learned counsel for the petitioner submitted that the petitioner is a private limited company, initially engaged in the business of manufacturing 'High Voltage Electric Division Equipment' which are 3/7
used in power plants; the petitioner started separate unit for manufacturing electrical vehicles including battery operated vehicles like Electric Two wheelers and Electric Three wheelers, for passenger and cargo transmit; the Unit-I undertaking of the petitioner's company has been transferred to Powergear Private Limited (PGL); hence the petitioner's company transferred the staff and workmen to PGL; out of 42 workmen (respondents 4 to 29) who got transferred to PGL, 16 workmen have given their willingness to join PGL; as per the transfer of undertaking agreement between the petitioner's Unit-I and PGL dated 07.11.
have created chaotic situation; the petitioner has filed this writ petition to issue a Writ of Mandamus or any other order/direction in the nature of Writ, directing the respondents 1 to 3 to provide adequate police protection for the safety, security and protection to the lives and property of the petitioner, their staff and workmen working in Unit-II from the illegal acts of the respondents 4 to 29 and their henchmen.
4. The learned Government Advocate (Crl.Side) for the respondents 1 to 3 submitted that on the complaint given by the petitioner, current paper enquiry has been initiated in C.S.R No.2489 of 2022 and it is pending for enquiry.
5. Since the respondents 4 to 29 along with their families have assembled in front of the petitioner's company gate, it will not be possible for the workers of the Unit-II get into the company and resume their work. It is seen that no fruitful action has been taken so far. Therefore, the respondents 1 to 3 are directed to consider the representation of the petitioner and do the needful in accordance with law, to protect the safety and security of the workmen and others and the 5/7
vehicles which ingress and egress of the company for the various reasons. Since several suitable directions were issued to the 3rd respondent police in the matters of illegal strike demonstrated by the workers, the 3rd respondent shall make use of its experience and intelligence to disperse the crowd and resume the petitioner's company.
6. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 25.11.2022 Index : Yes/ No uma To 1.The Deputy Commissioner of Police Office of the Deputy Commissioner of Police Tambaram Police Station Chennai-600 045.
2.The Assistant Commissioner of Police Tambaram Commissionarate Guduvanchery Police Station Guduvanchery-603 202 3.The Inspector of Police, Maraimalai Nagar Industrial Estate Police Station, Chennai-603 209.
4.The Public Prosecutor High Court of Madras.
6/7
R.N.MANJULA, J uma and W.M.P No.31028 of 2022 25.11.2022 7/7