THE SOUTHERN TEXTILES LIMITED, REPRESENTED BY ITS FACTORY MANAGER, HAVING REGISTERED OFFICE AT COIMBATORE Vs. THE DEPUTY INSPECTOR GENERAL OF POLICE, COIMBATORE RANGE, OFFICE OF THE DEPUTY INSPECTOR GENERAL OF POLICE, COIMBATORE,

JUDGEMENT

(1.) By consent main writ petition itself is taken up for disposal. The Southern Textiles Limited, Coimbatore filed the above writ petition seeking to issue a writ of mandamus directing the respondents 1 to 4 herein to provide adequate police protection to their textiles situated at Sulur, Coimbatore, 641 402 so as to smoothly run the Mill and thereby prevent the respondents 5 to 15 and their associate workmen from, in any manner interfering or preventing the working of the mill or the free ingress and egress of the willing workmen, staff or such other persons as are associated with the mill, into and out of the mill, or the transport and removal of raw material and finished goods to and from the petitioner mill.

(2.) The case of the petitioner is briefly stated hereunder: It is a textile mill incorporated in the year 1949. Right from the date of its incorporation it is involved in the manufacture of textile yarn. There was a change of management in the year 1974 and thereafter the present management is in control of all the affairs of the petitioner mill. The petitioner mill now has a capacity of about 25,272 spindles and employs about 500 workmen. It produces about 3,500 k.g. of textile yarn per day and the turn over is about Rs.5.5 lakhs per day. The business activities of the mill were going on smoothly. While so, on 8 -1 -2002, the respondents 5 to 15 along with 57 other workmen went on an illegal stay in strike. The stay in strike continued up -to 14 -1 -2002. Thereafter from 16 -2 -2002 the respondents 5 to 15 along with another 57 workmen went on an illegal strike, did not report for work and instead they assembled in front of the petitioner mill, raised slogans and prevented the majority of the willing workmen from entering the mill for work, and also threatening them with dire consequences if they went for work. They also prevented the free ingress and egress of staff, finished goods and raw materials to and from the mill. This causes the petitioner financial loss to the tune of about Rs.5.5 lakhs per day. The petitioner preferred a police complaint with the 4th respondent as early as on 8 -1 -2002 requesting him to give adequate police protection to willing workers, staff and property of the petitioner mill. Another complaint was made before the 4th respondent on 19 -1 -2002 requesting them to take action against respondents 5 to 15 and those few workmen who are involved in the illegal strike and preventing the majority of the willing workmen from entering the petitioner's campus for work. The action of the respondents 5 to 15 in going on a strike without any prior notice and without any proper demand is totally illegal. Having aggrieved by the inaction on the part of respondents 1 to 4 and in the absence of any other effective remedy, has filed the present writ petition.

(3.) Fourth respondent has filed a counter affidavit disputing various averments made by the petitioner. It is stated that on 7 -1 -2002 the petitioner gave a petition at Sulur Police Station stating that one R. Balakrishnan, a worker of their mill threatened the time keeper of the mill with dire consequences. That petition was duly enquired by him and the counter petitioner Balakrishnan was warned not to indulge in such practices. When the workers resorted to stay in strike in the mill premises, the petitioner filed a complaint on 8 -1 -2002 at Sulur Police Station requesting for police bandobust. This was duly enquired and no one came forward to state that he was prevented or threatened from entering into the said mill for work. The mill authorities had already declared partial lock -our from 23 -1 -2002. Necessary police bandobust was provided to the petitioner mill. No violence was reported, and no damages to persons and properties were caused. 350 loyal workers of men and women were working peacefully during this period at this mill only due to the protection of police bandobust provided by him. One K. Ramasamy, District Secretary of Coimbatore East District Textile workers Union, affiliated with C.I.T.U. gave a petition on 30 -01 -2002 for permission for continuous fasting from 1 -2 -2002 and demonstrations in front of the petitioner mill from 5 -2 -2002 by their Union members. In view of the probable tense situation, his request was disallowed and maintained peace and harmony at the mill premises by making effective police activities at that area. On account of the partial lock -out declared on 27 -1 -2002, the respondents 5 to 15 and their supporters have discontinued such activities with their mill and hence the mill is running smoothly since 29 -1 -2002. The 4th respondent has provided all necessary bandobust and security arrangements for the smooth running of the petitioner mill during the strike period.