IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.11.2007
C O R A M :
THE HONOURABLE MR.JUSTICE P.JYOTHIMANI
WRIT PETITION No.36263 of 2007
V.Prakash
Sr.Advocate
Honorary President
MRF Units Workers Union
No.50
Armenian Street
Ist Floor
Chennai 600 001. ...Petitioner
Vs
1. The Deputy Superintendent of Police
Arakkonam.
2. The Inspector of Police
Taluk Police Station
Arakkonam. ...Respondents
Writ petition filed under Article 226 of the
Constitution of India praying to issue a Writ of
Mandamus as stated therein.
For petitioner : Mr.V.Prakash, Party in person
For Respondents : Mr. N.Senthilkumar, Govt.Advocate
ORDER
Heard Mr.V.Prakash, party-in-person and
Mr.N.Senthilkumar, learned Government Advocate who has taken
notice for the respondents.
2. This writ petition is filed for direction against
the respondents to permit the petitioner to address the
workers of the MRF Factory at Ichiputhur (near Arakkonam) at
the gate meeting between 2.30 p.m. and 3.30 p.m. to be held
on 02.12.2007 (Sunday) as traditionally done in all
factories.
3. The MRF United Workers Union has invited the
petitioner, a Senior Advocate of Madras High Court and the
Honorary President of the said Union to speak about the
recommendations of the International Labour Organisation,
requiring the Government of India, and the appropriate
Government to ensure the recognition of MRF United workers
Union. It is stated that the MRF Ltd. has filed a suit in
O.S.No.13 of 2005 on the file of District Munsif, Sholingar
and obtained an order of injunction restraining the
respondents who are the members of the Union from
interfering with the movement of raw materials and finished
goods from and into the petitioner’s premises (I.A.No.53 of
2005); gathering together or in any way demonstrating within
200 meters from the petitioner’s premises (I.A.No.54 of
2005); and in any way interfering with the movement of staff
and officers, executives and customers from and into the
petitioner’s premises (I.A.No.55 of 2005). It is further
stated that the Management has also filed another suit in
O.S.No.90 of 2002 on the file of Subordinate Judge, Ranipet,
Vellore District and obtained an order of injunction against
the Union from staging Dharna or holding protest rally
meetings within 150 metres on all sides of the factory sites
till the disposal of the above suit (I.A.No.82 of 2002).
The present meeting, which is sought to be conducted by the
Union in which the petitioner is to address is the gate
meeting to the members only to explain the recommendations
of the International Labour Organisation and it cannot be
treated in any way either as a demonstration or interfering
with the movement of raw materials and finished goods from
MRF or from interfering with the movement of staff and
officers, executives and customers or gathering together or
demonstrating within 200 meters from the MRF premises. This
is purely a fundamental right guaranteed under Article 19(1)
of the Constitution of India, which is subject to
reasonable restrictions under Article 19(2).
4. Mr.N.Senthilkumar, learned Government Advocate,
on instructions, would submit that due to the Babri Masjid
issue, the Tamil Nadu police have issued an order under
Section 34 of the Tamil Nadu City Police Act, 1888, not to
conduct any stage demonstration, dharna or meetings, upto
15.12.2007. He would also submit that the place in which
the meeting is sought to be held is on the Tirutani-
Tirupathi main road, where naturally the traffic will be
high. However, the learned Government Advocate would submit
that after the completion of the ban order which comes to an
end on 15.12.2007, if the petitioner makes any fresh
representation for a future date, it will be considered by
the respondents.
5. Mr.V.Prakash, would submit that he can be
permitted to address a meeting on 16.12.2007 between 2.30
p.m. and 3.30 p.m. by using megaphone.
6. In view of the same, the writ petition is
disposed of with direction to the petitioner to submit a
fresh representation within one week from today and on such
representation, the respondents to consider the claim of
the petitioner and pass appropriate orders permitting the
petitioner to address the gate meeting at MRF Factory at
Ichiputhur (near Arakkonam) between 2.30 p.m. and 3.30 p.m.
to be held on 16.12.2007 (Sunday), by using megaphone.
With the above direction, the writ petition is
disposed of. No costs.
kh
To
1. The Deputy Superintendent of Police
Arakkonam.
2. The Inspector of Police
Taluk Police Station
Arakkonam.
