LAWS(KAR)-1990-7-107

P V DESAI Vs. STATE OF KARNATAKA

Decided On July 20, 1990
P.V.DESAI Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) On behalf of M/s. P.V. Desai, a registered partnership firm, one of its partner Sri R.V. Dcsai has filed this writ petition under Article 226 of the Constitution for issue of a writ of certiorari or any other appropriate writ or direction quashing the order at Annexure-L passed by respondent No. 1 declaring the same as illegal and void and also to direct the respondents not to proceed further in pursuance of Annexure-L.

(2.) The petitioner was a partnership firm engaged in the business of to baccoprocessing at Nipani in Belgaum District. They had employed more than 50 workmen and the second respondent is the General Secretary of the Union. The workmen are alleged to have created certain situation by doing illegal activities by harassing the partners, their family members and doing dharana etc. The petitioner being unable to bear with this situation has submitted a letter to the Conciliation Officer, Belgaum. Since the situation has become still worse, he addressed another letter (Annexure-A) giving the details of the harassment they are facing. Again he sent a telegram and gave a complaint to the Police as per Annexure-C. Since the petitioner Firm was not able to get any protection from the Police and also the illegal activities of the workmen increased, the Firm has resolved to close their processing operations at Nipani and informed the first respondent regarding the closure with effect from 12-3-1984.

(3.) The petitioner-Finn also filed civil suits and obtained temporary injunction and the cases are pending. In addition to this, the petitioner issued individual letters to the workmen regarding the closure, advising them to get payments in accordance with law as per Annexure-C. Thereafter, 21 workmen received payment. Consequent to the closure, the petitioner surrendered the factory licence.