IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-12-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA

W.P. (Crl.) No. 1586 of 2025

and WPMP.Crl.No.761 of 2025

1. Electromags

(A Division of the Bombay Burmah

Trading Corporation Ltd), Plot

Nos.128-133 and 134-137. Nehru

Nagar, 3rd Cross Street, Kottivakkam,

Chennai. Petitioner

Vs

1. The Inspector of Police

J-13, Taramani Police Station,

Taramani.

2.Deputy Commissioner of Labour

Chengelpet.

3.Engineering Eletronics and Workers

Union

VPC Illam, Plot No.291, 4th main road,

Burma Colony, Perungudi, Chennai.

Respondent(s)

PRAYER: Writ Petition (Criminal) filed under Section 226 of the Constitution of India, praying to issue a Writ direction or order in the nature of WRIT OF MANDAMUS directing the 1st respondent herein to provide adequate police protection for ingress and egress of vehicles, employees, workers, contract

workers and suppliers in and out of factory premises and further vacate the trespassing persons by ensuring that no person resorting to an illegal strike assemble illegally in any form within the radius of 500 meters from the petitioners unit 2 and 3 factory premises at Plot Nos.128-133, 134-137 Nehru Nagar, 3rd cross street, Kottivakkam and Unit 1 at No.3, 10th link road Venkateswara colony, Nehru Nagar, Kottivakkam, Chennai.

For Petitioner: Mr.P.M.N.Bhagavath Krishnan For Respondents Mr.S.Santhosh

1 & 2: Government Advocate (Crl.Side)

ORDER

This Writ Petition has been filed praying to direct the first respondent to provide adequate police protection for ingress and egress of vehicles, employees, workers, contract workers and suppliers in and out of factory premises and further vacate the trespassing persons by ensuring that no person resorting to an illegal strike assemble illegally in any form within the radius of 500 meters from the petitioners unit 2 and 3 factory premises at Plot Nos.128- 133, 134-137 Nehru Nagar, 3rd Cross Street, Kottivakkam and Unit 1 at No.3, 10th Link Road Venkateswara Colony, Nehru Nagar, Kottivakkam, Chennai.

2. (a) The case of the Petitioner Company is that they are manufacturer of ancillary spare parts for bikes, cars and other automobiles and their factory is

2 /

located in Kottivakkam, Chennai. They employed 650 employees out of which

95 employees constitute the 3^rd respondent union.

(b) During the financial year 2024-2025, the petitioner company is said to have earned only a marginal benefit due to increase in the cost of raw materials and significant rise in manpower cost and in order to achieve sustained profit, expansion of manufacturing unit is necessary and the existing factory premises at Kottivakkam was not conducive to such expansion. Therefore, petitioner is said to have found another factory premises in Plot No.B-10, C-13 at CMDA Industrial Complex, Maraimalai Nagar. Regarding relocation of the factory premises, the proposal was informed to the employees. But the 3^rd respondent Union raised objections and vide letter dated 15.03.2025, submitted certain demands like Special Allowance, Bus facility, providing food in the canteen at the cost of the petitioner etc. Upon receipt of demand notice, the petitioner and the 3^rd respondent engaged in discussions starting on 27.03.2025 and continued deliberations on subsequent dates to address the issues raised.

(c) When matters stood thus, on 01.09.2025, the 3^rd respondent issued another Demand Notice seeking 20% Bonus. Pursuant to the said demand, the petitioner and the 3^rd respondent engaged in multiple rounds of discussions on 15.09.2025, 24.09.2025, 27.09.2025, 07.10.2025 and 10.10.2025 with the objective of arriving at an amicable settlement.

(d) With respect to the payment of Bonus and other issues, the 3^rd respondent approached the 2^nd respondent / Deputy Commissioner of Labour (DCL)and initiated conciliation proceedings. The Petition related to the demand for 20% bonus was submitted to the 2^nd respondent on 12.09.2025. In response, the Deputy Commissioner of Labour issued an intimation letter dated