CHELPARK COMPANY Vs. COMMISSIONER OF POLICE MADRAS

JUDGEMENT

(1.) THE facts and the reliefs prayed for in both these petitions being substantially the same, they are dealt with together The Criminal Miscellaneous Petition has been filed under Section 561-A, Cr. P. C. against the respondents, the commissioner of Police, Madras, and the Assistant Commissioner of Police (Law and Order) Southern Range, Madras, praying for a direction to the respondents to do their duty and evict the labourers (27 persons) from the factory premises of the petitioner at the close of working hours. The Writ Petition has been filed to issue a writ of mandamus or other appropriate directions to the respondents, praying for the same relief as in Criminal Miscellaneous Petition. It is stated that the Writ petition has been filed by way of abundant caution in case it was felt that the criminal Miscellaneous Petition could not afford an adequate remedy. The petitioner filed affidavits in support of both the petitions. The second respondent filed counter-affidavits. The persons who were sought to be removed from the factory premises were impleaded as parties to both the petitions on their applications and they filed their affidavits.

(2.) THE facts and the circumstances under which these two petitions have been filed are briefly as follows:-

(3.) THE petitioner is a Limited Company carrying on business of the manufacture of fountain pen in having its registered office at No. 37-L. Mount Road, Madras-32 of which T. V. Advani is the Managing Director, who filed affidavits in support of the petitions. In the Office of the petitioner. 21 Clerks and others are employed adjacent to the office is the petitioner's factory in which 31 workmen are employed.