M/S Luminous Power Technologies Private Ltd. vs State Of H.P. And Ors

Sabina, J

Petitioner has filed this petition under Article 226 of the Constitution of India, seeking following substantive reliefs:-

i) A writ of mandamus or any other writ of the similar nature may kindly be issued directing respondents No. 5 to 21 and others supporting them to hold their protest in a peaceful manner 500 meters away from any of the unit/factory premises the factory premises of the petitioner and for issuing appropriate directions private respondents and general public restraining them from threatening the employees of the petitioner-Company; obstruct its functioning: and causing any obstruction to the movement of its raw material/ manufactured goods.

ii) Respondents No. 1 to 3 may also be directed to ensure compliance of the writ, order or direction that may be issued by this Hon’ble Court in respect of the above relief.

On 25.11.2020, the following order was passed by this Court in CMP No. 12537 of 2020.

“Notice in the afore terms. Reply, if any, be filed on or before the next date of hearing. Despite pendency of industrial dispute before the learned Labour Court-cum-Industrial Tribunal concerned, the workmen concerned, working at the establishments of the petitioner-company, are prima facie taking to create law and order problem, hence, causing obstruction in the industrial production within the manufactory or units of the petitioner company, and, are also precluding the ingress and egress of the workers concerned, who are willing to perform their duties, besides, are precluding the ingress and egress therefrom, respectively of raw material, and, of finished goods, thereupon, at this stage, in the interim, this Court deems it fit to direct the Superintendent of Police, Una to maintain armed police personnel at the Industrial Units of the petitioner-company, for ensuring (a) if the aggrieved workmen choose to hold protest, they can to do so outside the radius of 500 meters from any of the industrial units of the petitioner company; (b) and the armed police personnel shall ensure that the aggrieved workmen shall carry peaceful protests, and, without theirs indulging in any unlawful activities, (c) and, the Labour Court-cum- Industrial Tribunal concerned, is directed to within three weeks from today, make a decision upon the reference concerned.”

Admittedly, the industrial dispute raised by the respondents-workmen has been decided by Labour Court during the pendency of the petition.

Learned counsel for the private respondents/workmen has stated that the workmen have not been permitted to join their duties at Una.

Accordingly, without expressing any opinion on merits of the case, this writ petition is disposed of with the following directions:-

(a) If the aggrieved workmen choose to hold protest, they can to do so outside the radius of 500 meters from any of the industrial units of the petitioner company;

and

(b) The armed police personnel shall ensure that the aggrieved workmen shall carry peaceful protests, and, without their indulging in any unlawful activities.

Pending miscellaneous application(s), if any, shall also stand disposed of.