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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
HARINATH.N
Indian Cement Limited – Appellant
Versus
State Of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioner is a cement manufacturing unit. (Para 1) |
| 2. contract labour raised illegal demands. (Para 2 , 3 , 4) |
| 3. police provided security but suggested negotiations. (Para 5 , 6) |
| 4. concern over the impact of factory closure. (Para 9 , 10) |
| 5. labour court is appropriate forum for grievances. (Para 11 , 14 , 15) |
| 6. court directs police to ensure law and order. (Para 12 , 13 , 16) |
| 7. writ petition disposed with directions. (Para 17 , 18) |
ORDER :
HARINATH.N, J.
1. The petitioner is a cement manufacturing unit established at Yerraguntla, Kadapa District. The petitioner is a subsidiary unit of Ultra Tech Cements. During the course of their business, the petitioner has engaged the services of labour contractors for the packing and loading of cement bags. The licenced labour contractor has an agreement with the petitioner company and payment is made to the licenced labour contractor on a tonnage basis.
2. The learned counsel appearing for the petitioner submits that, at the instance of the local politician, the contract labour have raised illegal demands of absorbing them on the rolls of the company. The contract labour are employed by the contractor and paid by the contractor.
The State has a duty to maintain law and order and ensure the unimpeded operation of private enterprises while labor disputes should be addressed through appropriate legal forums.
The court has the authority to issue a writ of mandamus to ensure police protection and prevent disruption of factory activities.
Police must enforce injunction against illegal strikes obstructing factory access, ensuring free ingress/egress per prior court orders.
Police must regulate protests beyond 500m from factory to prevent obstruction of ingress/egress during strikes.
The court declined to grant police protection for the removal of assets from the factory premises due to the pending industrial dispute and the substantial rights of the parties involved.
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