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2016 Supreme(Kar) 806

A.S.BOPANNA
Powergear Limited, Bengaluru – Appellant
Versus
Station House Officer, Rajagopalanagara Police Station – Respondent


Advocates Appeared:
For the Petitioner:Sri. S.N. Murthy, Sr. Counsel, Sri. Somashekar, Advocate.
For the Respondent:Sri. Y.D. Harsha, AGA., Sri. K.S. Subramanya, Advocate.

ORDER :

A.S. Bopanna, J.

The petitioner-Company is before this Court seeking issue of mandamus to direct the 1st respondent-jurisdictional police to evacuate all the workmen inside the factory premises of the petitioner located at plot No. 15/6E, Peenya Industrial Area, Bengaluru and to ensure that no outsider or workmen forcibly enters the factory premises.

2. The petitioner which is a public limited company has its factory at the place as mentioned above. The case of the petitioner is that as it had incurred cash losses for three consecutive years ending 31.03.2014 totalling in all Rs.11.71 crores were compelled to lease the factory to one M/s. Expraco Composites India Pvt. Ltd., Bengaluru through a lease deed dated 15.03.2015. In terms of the agreement the petitioner terminated the services of all its employees by giving them one month notice period and 15 days wages as compensation, consequent on the transfer of management in terms of Section 25FF of the Industrial Disputes Act (ID Act for short). The petitioner contends that though the workmen who are the members of the 2nd respondent - Union received the settlement amount and encashed the cheques, thereafter resorted to offences



















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