Shaffique, J.
This writ petition is filed seeking police protection on the allegation that the party respondent is demanding loading and unloading works in the business premises of the petitioner. The petitioner runs a small-scale industrial unit engaged in the business of manufacturing and selling of white cement. According to them, there is no loading and unloading work in the premises, as the entire unit is working with mechanical devices. It is stated that the raw material for the industry is the semi finished 'White Cement Clinker', which is imported in container loads and is unloaded by using heavy cranes. The finished products are bagged and stacked into lorries/containers by way of conveyor belts. As the entire functioning of the unit is being mechanically controlled, the manual loading and unloading work is dispensed with.
2. A counter affidavit has been filed by the party W.P.(C) No.28748 of 2014 -: 2 :-
respondent inter alia indicating that though the petitioner unit uses machineries in their manufacturing process, for loading as well as unloading the materials from the container, manual labour is required especially for stacking the bags of finished products into the lorry.
3. A reply affidavit has been filed by the petitioner stating that the packed materials namely, the finished products are taken to the packing machine and are moved from there to the truck through conveyor. It is further stated that the materials are loaded in the vehicle by adjusting the position of the vehicle and the conveyor. Further, it is stated that the assistance of the members of the 2nd respondent union are not at all necessary for the said purpose. They have also stated that if at all there is some loading and unloading work, it is only incidental to the work being carried out by the mechanical devices.
4. Having regarding to the submission and pleadings, we are of the view that since the petitioner is carrying on loading and unloading works in its unit by using mechanical devices, it is not open for the party respondent to demand loading and W.P.(C) No.28748 of 2014 -: 3 :-
unloading works in the said factory. Similarly, they cannot take law into their own hands. If there is any obstruction by the party respondent or their men, the police is duty bound to ensure that law and order is maintained in the premises of the petitioner.
In the said circumstances, we dispose of the writ petition as follows :-
The first respondent shall ensure that there shall be no obstruction in the work being carried on in the factory/unit of the petitioner and if at all there is any obstruction from the party respondent or their men, the first respondent shall provide adequate and effective police protection to the petitioner to do the loading and unloading works in the unit.
Sd/- ASHOK BHUSHAN, Ag. CHIEF JUSTICE.
Sd/-
A.M. SHAFFIQUE, JU DGE.
Jvt