IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.S. KARNAN, J.
MRF Limited, Tiuvottiyur, Chennai – Appellant
Versus
Deputy Commissioner of Police, Tondiarpet, Chennai & Others – Respondents
W.P.No. 6020 of 2015 & M.P.No. 1 of 2015
Decided On : 30-04-2015
Labour Dispute - Police Protection - [Tamil Nadu Industrial Dispute Rules] - [Rule 59(1) of the Tamil Nadu Industrial Dispute Rules, O.S.No.94 of 2007] - The court allowed the writ petition and directed the respondents 1 to 3 to provide adequate police protection to the petitioner factory at Tiruvottiyur, Chennai-19, with effect from 06.05.2015 until the situation is restored to normalcy to the satisfaction of the factory management.
Fact of the Case:
The petitioner, a General Manager of MRF Limited, faced a labour dispute with the fourth respondent Union, leading to a strike and unlawful restraint of managerial staff inside the factory. The petitioner sought police protection due to the tense situation and previous violations of a permanent injunction.
Finding of the Court:
The court found that the tense situation at the factory, including the unlawful restraint of managerial staff and the violation of a permanent injunction, warranted police protection to restore normalcy.
Issues: Labour dispute, unlawful restraint, violation of permanent injunction, need for police protection.
Ratio Decidendi: The court's decision was based on the evidence of a tense situation, previous violations, and the need to restore normalcy at the factory.
Final Decision: The court allowed the writ petition and directed the respondents 1 to 3 to provide adequate police protection to the petitioner factory.
1. The short facts of the case are as follows:-
The petitioner is a General Manager of MRF Limited, Tiuvottiyur, wherein, tyres are manufactured. The factory of the petitioner employs 1080 persons and the fourth respondent is the sole bargaining agent in respect of all the employees. The petitioner and the fourth respondent Union have entered into many settlements with regard to wages and other benefits of workmen. A settlement entered between the petitioner and fourth respondent came to an end on 06.07.2013. Thereafter, the fourth respondent submitted charter of demands seeking revision of wages. However, even before any meaningful negotiation could be held, the petitioner approached the Conciliation machinery and thereafter sought directions from this Court for an early reference of the dispute to the Industrial Tribunal. The dispute has been referred to the Industrial Tribunal and has been taken on the file of Industrial Tribunal as I.D.No.8 of 2015. This dispute is pending before the Industrial Tribunal and is next posted for orders in certain interim applications filed by the Management on 05.03.2015. In this scenario, from 27.02.2015, the factory workmen, who are the members of the fourth respondent Union, went on strike inside the factory premises of the petitioner in front of the Administrative Block and Human Resources Block. On 28.02.2015, at about 3 p.m. at the conclusion of the first shift and commencement of the second shift, the workmen of both the shifts resorted to a stay-in-strike and laid siege of the Administrative Block and the Human Resources Block of the factory. They did not allow any of the managers / staff, inside both the blocks, numbering more than 40 persons, to leave the office premises. In fact, they were not even given access to essentials like water and food. The workmen who reported for work in the second shift commencing at 3p.m also joined the striking workmen. As a result, despite their working hours coming to an end at 4.30 p.m., the 40 managerial persons working in the administrative block of the factory were unlawfully restrained inside the office by the members of the fourth respondent Union. The petitioner made complaint with the third respondent and the second respondent through phone seeking police protection for the managers, who were illegally retained inside the factory. The third respondent called on the factory of the petitioner with a few policemen. However, they were far outnumbered by the striking workmen who were more than 700. The petitioner pleaded with the second and third respondents to provide larger contingent of police force to at least enable the exit of the illegally detained managers. However, no efforts were made by the second and third respondents in this regard.
2. The petitioner further submits that at around 8.30 p.m., a Manager of the Human Resources Department, who was highly diabetic, faced a medical condition resulting in a drastic drop of his blood sugar and blood pressure. The officials of the petitioner requested the members of the fourth respondent Union to either provide some food to the concerned officer or permit him alone to be taken to hospital using the factory's ambulance. However, the members of the fourth respondent prevented the movement of the sick officer who was in need of immediate medical attention. The fourth respondent members after much persuasion agreed to allow him to exit the factory for medical assistance at around 9 p.m. only. Even when he was being taken from the HR block to the ambulance he was attacked by the striking workmen. The ambulance was thereafter very violently attacked. The concerned officer, despite the fact that he was being taken to hospital, was beaten even as he was sitting in the ambulance. The ambulance was severely damaged. The ambulance, which was a small omni van, was shaken and was not allowed to leave the factory. After much persuasion, despite the medical condition of the concerned officer deteri
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