The Management Of M/S Ramkumar ... vs The Commissioner Of Police ...
2023 Latest Caselaw 1728 Kant

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                                                          WP No. 4789 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 7TH DAY OF MARCH, 2023

                                               BEFORE
                             THE HON'BLE MR JUSTICE M.NAGAPRASANNA
                            WRIT PETITION NO. 4789 OF 2023 (GM-POLICE)
                      BETWEEN:

                      THE MANAGEMENT OF
                      M/S RAMKUMAR MILLS PVT. LTD.
                      PO BOX NO.1044
                      RAJAJINAGAR,
                      BENGALURU-560 010.
                      (REGISTERED UNDER THE COMPANIES ACT, 1956)
                      REPRESENTED BY ITS
                      DIRECTOR
                      MR.SHIVAKUMAR A. YADALAM
                                                           ...PETITIONER
                      (BY SRI S.S.NAGANAND, SENIOR COUNSEL FOR
                          SRI ANAND K.R., ADVOCATE)

                      AND:
Digitally signed by
PADMAVATHI B K
                      1.    THE COMMISSIONER OF POLICE
Location: HIGH
COURT OF                    BENGALURU CITY
KARNATAKA
                            OFFICE OF THE COMMISSIONER OF POLICE
                            NO.2, ALI ASKER ROAD
                            BENGALURU-560 051.

                      2.    THE DEPUTY COMMISSIONER OF
                            POLICE (LAW AND ORDER)
                            MAGADI ROAD
                            OPP. G.T. WORLD MALL
                            BENGALURU-560 023.
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                                          WP No. 4789 of 2023




3.   THE STATION HOUSE OFFICER
     MAGADI ROAD POLICE STATION
     MAGADI ROAD
     OPP. G.T. WORLD MALL
     BENGALURU-560 023.
                                             ...RESPONDENTS
(BY SRI. VINOD KUMAR M., AGA)

     THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO-4916DIRECT THE
RESPONDENTS TO GIVE ALL NECESSARY AND REQUIRED
POLICE PROTECTION AS PER LAW AND FURTHER DIRECT THE
R-2 AND 3 TO REMOVE ALL OBSTRUCTIONS FOR REMOVAL ALL
OBSTRUCTIONS FOR REMOVAL OF MACHINERIES AND OTHER
MOVABLE PROPERTIES OF THE PETITIONER COMPANY FROM
ITS PREMISES AT RAJAJINAGAR, BENGALURU AND ETC.,

     THIS PETITION, COMING ON FOR 'FRESH MATTERS LIST,
THIS DAY, THE COURT MADE THE FOLLOWING:
                           ORDER

1. The petitioner is before this Court seeking for the

following prayer:

"a) Issue a Writ of Mandamus and direct the Respondents to give all necessary and required police protection as per law and further direct the 2nd and 3rd respondents to remove all obstructions for removal of machineries and other movable properties of the petitioner company from its premises at Rajajinagar, Bengaluru.

b) Direct the 2nd and 3rd respondents to ensure that the Union/ex-workers do not agitate /conduct

WP No. 4789 of 2023

any dharana in front of the factory premises of the petitioner company and/or within 20 meters from the two gates of the petitioner factory as per the judgment ANNEXURE-G dated 30.07.2022 passed in O.S.No.25386/2018.

c) Pass any other order/s as deems fit in the facts and circumstances of the case."

2. Heard Sri S.S.Naganand, learned senior counsel for the

petitioner and Sri Vinod Kumar M., learned Additional

Government Advocate for the respondents.

3. The petitioner has knocked at the doors of this Court with

the aforesaid prayer seeking police protection. This Court while

issuing notice on 01.03.2023, has passed the following order:

"Heard Sri. S.S. Naganand, learned Senior Counsel appearing for the petitioner.

The learned Senior counsel would take this court through the documents appended to the petition seeking to demonstrate that the police are not coming in aid of the obstruction by the union to remove the machinery.

The petitioner's mill was closed and the order under 25(0) of the Industrial Disputes Act, 1947 was passed granting retrenchment compensation to all the workmen. The enhanced retrenchment compensation was directed to be paid. It transpires

WP No. 4789 of 2023

that the said direction is called in question before this Court in W.P.No.24956/2022 and this Court had granted an interim order of stay.

The learned Senior counsel would also submit that they have a decree in their hand for shifting the machinery in O.S.No.25386/2018 against the very union, who is now agitating and this decree has become final.

With all these, the petitioner have sought for police protection for transportation of the machinery that is now dismantled.

The learned AGA submit that he would seek instructions and submit on the next date of hearing.

List this matter on 06.03.2023, in the fresh matters list."

4. Learned Additional Government Advocate was directed to

seek instructions and make his submissions on the next date of

hearing.

5. Learned Additional Government Advocate on instructions

would submit that the police would render such protection, if an

order is passed at the hands of this Court as lot of expenses

would be incurred for such protection. The submission of the

learned Additional Government Advocate is placed on record.

WP No. 4789 of 2023

6. In the light of the observations made in the order dated

01.03.2023 and the grievance of the petitioner that he is not

being allowed to lift the machinery now dismantled in the

factory premises, the jurisdictional police is directed to accord

police protection, as requested by the petitioner and the

expenses of which would be borne by the petitioner, without

brooking any delay.

7. Accordingly, the writ petition stands disposed of.

Sd/-

JUDGE

AG