M M Forgings Limited v. The State Rep By Its

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P.(MD).No.2750 of 2022 M.M.Forgings Limited, represented by its Unit Head, M.Gunasekaran.

... Petitioner Vs.

The State represented by its The Inspector of Police, Viralimalai Police Station, Pudukkottai District-621 316.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue Writ of Mandamus, or any other writ in the nature of Direction, directing the Respondent to consider the Petitioner's representation dated 10.02.2022 to provide adequate police protection to the petitioner to enable willing workmen, contract workmen, staff, officials and other managerial personal and customers to enter and exit the factor premises, to enable to its customers, to receive materials including raw materials for process work inside the petitioner's factory premises (ingress and egress of men and materials) and ensure the striking workmen are 200 meters away from the main gate of the factory premises and to maintain law and order and peace in and around Petitioner's factory premises in Erasanayakkanpatty, Viralimalai, Pudukkottai District.

For Petitioner : Mr.V.Vijayakumar For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor(Crl side)

ORDER

This Writ Petition has been filed to direct the respondent to consider the petitioner's representation dated 10.02.2022 to provide adequate police protection to the petitioner to enable willing workmen, contract workmen, staff, officials and other managerial personal and customers to enter and exit the factor premises, to enable to its customers, to receive materials including 1/3

raw materials for process work inside the petitioner's factory premises (ingress and egress of men and materials) and ensure the striking workmen are 200 meters away from the main gate of the factory premises and to maintain law and order and peace in and around petitioner's factory premises in Erasanayakkanpatty, Viralimalai, Pudukkottai District.

2. The petitioner is a registered company having its manufacturing unit at Erasanayakkanpatty, Viralimalai, Pudukkottai District. The petitioner alleges that their normal functioning is being interfered with by their workers.

3. Learned counsel for the petitioner draws my attention to the order dated 06.12.2018 made in W.P.No.23427 of 2018. The said case also involved a dispute between a manufacturing Company and a Labour Union. The relief sought in the said case is also similar to the one sought in this case. The learned Judge after considering the entire legal position exhaustively disposed of the writ petition with the following directions:

"a) The 1st respondent police shall provide police protection to the factory premises of the petitioner Company to ensure that there is free ingress and egress of men and materials. b)The 1st respondent shall ensure that no law and order problem is created near the factory premises and normalcy is maintained.

c)The 2nd respondent can conduct the demonstrations/strike in 200 meters away from the petitioner's Factory premises.

d)It is open to the parties to agitate their respective rights before the appropriate forum/Court and this order will not have any bearing on the respective rights of parties."

4. Respectfully following the aforesaid decision and taking note of the facts and circumstances projected by the writ petitioner before me, the present Writ Petition is allowed on the same terms. Consequently, connected miscellaneous petition is closed. No costs. Sd/- Deputy Registrar(A/Cs) // True Copy // / /2022 Sub Assistant Registrar(CS) 2/3

Lm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To The Inspector of Police, Viralimalai Police Station, Pudukkottai District-621 316.

Copy to The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.V.VIJAYAKUMAR, Advocate ( SR-8273[F] dated 24/02/2022 ) and W.M.P.(MD).No.2750 of 2022 22.02.2022 NA(CO) TR(17.03.2022) 3P 4C 3/3