LAWS(MAD)-2019-6-114

CHENNAI YETRUMATHI VALAGA UZHIYARGAL MATRUM PODHU THOZHILALAR SANGAM Vs. COMMISSIONER OF LABOUR DMS COMPOUND TEYNAMPET CHENNAI

Decided On June 19, 2019
Chennai Yetrumathi Valaga Uzhiyargal Matrum Podhu Thozhilalar Sangam Appellant
V/S
Commissioner Of Labour Dms Compound Teynampet Chennai Respondents

JUDGEMENT

(1.) These intra court appeals have been filed by the appellant Chennai Yetrumathi Valaga Uzhiyargal Matrum Podhu Thozhilalar, (for brevity -appellant Sangam-), aggrieved by the order of the learned Single Judge dated 19.01.2017 made in W.P.Nos.44775 & 44776 of 2016 which were filed by the appellant Sangam. Both the writ petitions were filed with a common prayer to direct the second respondent - The Development Commissioner, Special Economic Zone, Madras Export Processing Zone, Tambaram Sanatorium, Chennai 600 045 and the third respondent - Assistant Commissioner of Police, Tambaram, Chennai 600 045, not to interfere with the demonstrations to be carried out by them, outside the premises of the fourth respondent - Venture Lighting India Limited and PMI Engineering Exports Pvt. Ltd., respectively.

(2.) The said demonstration was to be carried out for raising the demands on behalf of various workmen through their Trade Unions, who were employed by the fourth respondent Companies in the Madras Export Processing Zone (in short -MEPZ“), which is like a Special Economic Zone, and also against the dismissal of some of the workmen. To ventilate their legal right of protest and demonstration, the said writ petitions came to be filed by the appellant Sangam or Trade Union.

(3.) Both the writ petitions came to be disposed of by the learned Single Judge by a common order dated 19.01.2017, with the observation that since the Members of the appellant Sangam are working in MEPZ, a Special Economic Zone governed by Special Laws, if they want to agitate their grievance or to carry on any strike, they can do so only after obtaining necessary permission or sanction from the concerned authorities. It was further observed that such activity can be carried out only outside MEPZ without any hindrance to other Units inside the MEPZ and that the authorities were at liberty to take any action against the protestors in accordance with law, if they violate any condition stipulated by authorities concerned or indulge in any illegal act. Aggrieved by that order of the learned Single Judge, the present appeals have been filed before this Court.