2026 Supreme(Online)(Mad) 41509
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. NIRMAL KUMAR, J
Pointec Writing Instruments Private Limited – Appellant
Versus
The Superintendent of Police – Respondent
W.P.Crl.1102 of 2026
For the Appellants/Petitioners: Mr.Sudharshana Sunder
For the Respondents: MrLeonard Arul Joseph Selvam
A closed factory with no ongoing industrial activity is entitled to police protection to safeguard its assets from damage by disgruntled former employees.
Headnote:The petitioner sought issuance of a writ of mandamus directing the police authorities to provide adequate protection to the petitioner’s factory premises to ensure safety of property and personnel. The petitioner is a private limited company that was engaged in job work for ITC using moulds and machinery supplied by ITC. After November 2025, ITC Limited reduced its orders and subsequently stopped placing orders in March 2026. As a result, the petitioner’s company closed down, terminated employees and issued a closure notice. The company complied with the Industrial Disputes Act, 1947 and informed the Assistant Labour Commissioner. On 22.04.2026, some terminated employees attempted to enter the factory premises to damage machinery. The court considered whether police protection was required for the factory premises. The court took judicial notice of the submission hold that after closure, if any forcible attempt was made to enter the premises to damage property, appropriate action would be taken.
| Table of Content |
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| 1. background facts involving factory closure and employee unrest triggering police protection request. (Para 1 , 2 , 3) |
| 2. police agree to maintain watch and take action if property is threatened for any future attempts of unauthorized entry. (Para 4) |
ORDER
This writ petition criminal has been filed to provide adequate police protection to the petitioner’s factory premises to ensure safety of property and personnel.
2.The petitioner, Managing Director of Pointec Writing Instruments Private Limited, was doing on job work for ITC prior to November, 2025 using moulds and machinery supplied by ITC. After November, 2025, ITC Limited reduced its order and sought to remove its moulds from the petitioner’s factory. At that time, the employees obstructed the same and there was some disruption. From March, 2026, ITC Limited completely stopped placing orders with the petitioner’s company and the company having no business closed its business. The petitioner’s company terminated 26 employees, further issued a closure notice dated 28.03.2026 informing that the company closed and that all eligible workmen, who are on the rolls of the company as on that day, will be paid, as per law and their eligibility along with all dues including gratuity. The remaining 15 members of workers were also discharged.
3.The Assistant Labour Commissioner, Department of Labour Welfare and Skill Development, Krishnagiri, was informed about the closure of the factory and payment of entitlements, following legal process and procedures. Further, by letter dated 28.03.2026, the company informed the close down of all manufacturing activities and compliance of Industrial Disputes Act, 1947 and the relevant Tamil Nadu Employment Rules. It also informed about the payment disbursed in full and final settlement for the employees on the rolls as on that day and information to be taken on record and the same received by the Assistant Commissioner of Labour (Conciliation), Krishnagiri, on 30.03.2026. This being so, on 22.04.2026 finding that some discontented workmen under the influence of others attempted to enter into the petitioner’s factory premises and attempted damage to the machinery, equipment and the module of ITC, which are still available in the factory premises. Hence, a complaint lodged to the second respondent, Kelamangalam Police, Krishnagiri along with the video recording of forced entry of terminated employees including 12 supervisors and others, who all attempted to enter the petitioner’s factory on 22.04.2026. Though CSR.No. 55 of 2026 registered but no action taken, hence, filed this petition.
4.The learned Additional Public Prosecutor appearing for the first and second respondent submitted that as on date, peace prevailing in the place and there is no presence of employees. Initially, some disgruntled employees attempted to enter into the petitioner’s premises, later left the place, now , as on date there is no disturbance. It is further submitted that the company has been closed and all legal steps have been taken and Labour Department informed. The respondent police would keep a watch over the factory premises and if there is any forcible entry or any attempt to damage the petitioner’s property, appropriate steps will be taken against the encroachers and offenders. It is further submitted that patta passbook would be placed at the petitioner’s company gate and the police would make regular visit and ensure, safety to men and machineries, available in the petitioner’s factory.
5.Recording the abovesaid submission, the writ petition (crl.) is disposed of.
30.04.2026 Index : Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No sms Note: Issue order copy on 04.05.2026.
To
1.The Superintendent of Police Krishnagiri District.
2.The Inspector of Police, Kelamangalam Police Station, Krishnagiri District.
3.The Public Prosecutor High Court, Madras.
M. NIR MAL KUMAR,J sms W.P.Crl.1102 of 2026
30.04.2026