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2007 DIGILAW 3895 (MAD)

V. Prakash Sr. Advocate Honorary President MRF Units Workers Union, Chennai v. Deputy Superintendent of Police Arakkonam & Another

2007-11-30

P.JYOTHIMANI

body2007
Judgment :- 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 012. 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 petitioners premises (I.A.No.53 of 2005); gathering together or in any way demonstrating within 200 meters from the petitioners 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 petitioners 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. 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 112. 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 112. 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 112. 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 112. 2007 (Sunday), by using megaphone. With the above direction, the writ petition is disposed of. No costs.