V.Prakash vs The Deputy Superintendent Of … on 30 November, 2007

Madras High Court
V.Prakash vs The Deputy Superintendent Of … on 30 November, 2007
       

  

  

 
 
         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.

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