Madras High Court
Noble Tech Industries Pvt Ltd vs The Inspector Of Police on 17 August, 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.08.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.No.24342 of 2023
and W.M.P.No.23789 of 2023
Noble Tech Industries Pvt Ltd
Rep. by its Authorized Signatory – Ayush Kumar
No.14/2A2, Melpakkam Village,
Uthiramerur Taluk,
Kancheepuram – 603 402 ...Petitioner
Vs.
1.The Inspector of Police,
G9, Perunagar Police Station,
Uthiramerur
Kancheepuram District.
2.Kancheepuram Podhu Tozhilalargal Sangam,
Rep. by its General Secretary,
Reg. No.526-KPM.
No.21B, Vilakkadi Koil Street,
Kancheepuram – 631 501. ..Respondents
PRAYER : PRAYER : Writ Petition is filed under Article 226 of the Constitution
of India, pleased to issue a Writ of Mandamus, directing the 1st respondent to
prevent the striking workmen from illegally trespassing into the factory premises
1/6
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and to maintain law and order and ensure free ingress and egress of men and
material to and from the factory.
For Petitioner : Mr.S.Ravindran
Senior Counsel for
Mr.P.Nehru
For Respondents : Mr.A.Damodaran
Additional Public Prosecutor
for R1
ORDER
This Writ Petition has been filed for a direction to the 1st Respondent to act
upon the complaint given by the petitioner and prevent the workmen from illegally
trespassing into the factory premises and to ensure free ingress and egress of men
and material to and from the factory.
2.It is seen from the records that there is already a dispute between the
management and the workmen and the conciliation is going on before the Deputy
Commissioner of Labour. Through proceedings dated 11.08.2023, the concerned
authority had also directed the workmen who are protesting by sitting inside the
factory to withdraw their decision to ensure that there is smooth progress in the
conciliation proceedings. In spite of the same, nearly 68 workers are said to be
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indulging in sit in protest. A complaint was given to the 1 st respondent on
12.08.2023, in this regard and it is pending in CSR No. 482/2023. Since no action
was taken, the present writ petition has been filed before this Court.
3.Heard Mr.S.Ravindran, learned Senior Counsel appearing on behalf of the
petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing
on behalf of the 1st respondent.
4.The issue that is involved in the present writ petition was already dealt
with by this Court in Hindustan Motor Finance Corporation Ltd., Thiruvallur
vs. Superintendent of Police. Thiruvallur reported in 2019 (3) LLN 749 (Mad.).
The relevant portions in the judgment are extracted hereunder:
16. It is clear from the above judgments that the entry by an
employee during the working hours into the factory premises is
lawful. However, they do not have the right to remain in the
factory premises after the working hours and they continuing to
remain in the factory premises after having entered lawfully is
unlawful, and it will amount to trespass. An employee does not
have the right to occupy the property of the employer. The act of
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the employees remaining after the working hours inside the factory
premises will amount to seizure and holding of the building,
preventing the use of the premises by the employer and practically
depriving the employer of his property.
17.The conduct of respondents 3 to 21 in persisting to
remain inside the factory premises of the petitioner all through the
day is wholly unjustified. Even, if the respondents 3 to 21 are
making efforts to impress upon the petitioner to continue their
employment and by putting pressure are making the petitioner yield
to their request, the method adopted by them in staying within the
premises even after the working hours is unlawful. As held by this
Court, the means adopted to achieve their object must also be
lawful. The act of respondents 3 to 21 in continuing to occupy the
premises right from 02.05.2019 onwards till date is intended to
annoy, insult, intimidate and commit offences, and therefore it
clearly falls within the mischief of Section 441 of IPC and the same
will amount to criminal trespass.
18. This Court therefore has no hesitation to hold that the act
of respondents 3 to 21 continuing to forcibly occupy the factory
premises from 02.05.2019, till date clearly amounts to an offence
under Section 441 of IPC and their continued sit in protest is
unjustified and unlawful. Therefore, this Court has to necessarily
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dispose of this writ petition by giving certain directions.
5.In the present case also, 68 workers are said to be sitting inside the factory
continuously by way of protest without leaving the factory premises. The
complaint is pending before the first Respondent in this regard. The first
respondent is directed to deal with the complaint pending in C.S.R. No. 482/2023
in the light of the above judgment and take a decision.
6.This writ petition is disposed of with above direction. No Costs.
Consequently, connected miscellaneous petition is closed.
17.08.2023
Index : Yes/No
Internet : Yes/No
Speaking/Non-Speaking Order
ssr
Note: Issue Order Copy on 18.08.2023
https://www.mhc.tn.gov.in/judis
N.ANAND VENKATESH, J
ssr
To
1.The Inspector of Police,
G9, Perunagar Police Station,
Uthiramerur
Kancheepuram District.
2.The Public Prosecutor
High Court of Madras,
Madras.
W.P.No.24342 of 2023
and W.M.P.No.23789 of 2023
17.08.2023
https://www.mhc.tn.gov.in/judis
