V PRAKASH Vs. DEPUTY SUPERINTENDENT OF POLICE ARAKKONAM

JUDGEMENT

(1.) HEARD Mr. V. Prakash, party-in-person and Mr. N. Senthilkumar, learned Government Advocate who has taken notice for the respondents.

(2.) THIS writ petition is filed for direction against the respondents to permit the petitioner to address the workers of the MRF Factory at Ichiputhur (near Arakkonam) at the gate meeting between 2. 30 p. m. and 3. 30 p. m. to be held on 02. 12. 2007 (Sunday) as traditionally done in all factories.

(3.) THE MRF United Workers Union has invited the petitioner, a Senior Advocate of Madras High Court and the Honorary President of the said Union to speak about the recommendations of the International Labour Organisation, requiring the Government of India, and the appropriate Government to ensure the recognition of MRF United workers Union. It is stated that the MRF Ltd. has filed a suit in O. S. No. 13 of 2005 on the file of District Munsif, Sholingar and obtained an order of injunction restraining the respondents who are the members of the Union from interfering with the movement of raw materials and finished goods from and into the petitioner's premises (I. A. No. 53 of 2005); gathering together or in any way demonstrating within 200 meters from the petitioner's premises (I. A. No. 54 of 2005); and in any way interfering with the movement of staff and officers, executives and customers from and into the petitioner's premises (I. A. No. 55 of 2005 ). It is further stated that the Management has also filed another suit in O. S. No. 90 of 2002 on the file of Subordinate Judge, Ranipet, Vellore District and obtained an order of injunction against the Union from staging Dharna or holding protest rally meetings within 150 metres on all sides of the factory sites till the disposal of the above suit (I. A. No. 82 of 2002 ). The present meeting, which is sought to be conducted by the Union in which the petitioner is to address is the gate meeting to the members only to explain the recommendations of the International Labour Organisation and it cannot be treated in any way either as a demonstration or interfering with the movement of raw materials and finished goods from MRF or from interfering with the movement of staff and officers, executives and customers or gathering together or demonstrating within 200 meters from the MRF premises. This is purely a fundamental right guaranteed under Article 19 (1) of the Constitution of India, which is subject to reasonable restrictions under Article 19 (2 ).