High CourtsDivision Bench(2020) 08 SHI CK 0370

M/s Suryakanta Hydro Energies Pvt. Ltd vs State Of Himachal Pradesh And Others

High Court Of Himachal Pradesh · Decided on 27 August 2020

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Jyotsna Rewal Dua, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 3079 Of 2020

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Judgment

11 paragraphs · 381 words

Tarlok Singh Chauhan, J

1.

The instant petition has been filed for grant of the following reliefs:

a) Declare the impugned communication/ notice dated 05.07.2020 (Annexure P/5) as unlawful, illegal, null and void being in contravention to the Industrial Law;

b) Restrain respondent No.7 from interfering in the functioning/administration/tranquility of the petitioner company/in and around the "Company Premises" engaged in the vital function of power generation, transmission and distribution of energy;

c) Direct the respondent No.1, 3 and 4 to put the machinery of law and order in motion and take necessary steps to prohibit and forbid the respondent No.7 from causing damages and loss to the property, reputation, administration and good will of the petitioner by entering the premises;

d) Direct the respondent No.7 to proceed with the matter under the Industrial Disputes Act before respondent No.6;

e) Direct respondent No.6 to conclude the matter ;

f) Direct the respondent No.1, 3 and 4 for conducing inquiry in order to detect the creator/generator of impugned communication containing threat against the petitioner and to take further necessary legal action under the law of the land." 2. On 24.08.2020, while issuing notices, we directed the respondents to obtain instructions. Today, the learned Advocate General has placed on record the instructions received from the Sub Divisional Officer, (C) Rampur Bushahr wherein it is clearly stated that the situation of law and order at the project site is normal and no untoward incident regarding obstruction of the project work has been reported to the police by the Project Authorities so far. It has further been clarified that regular patrolling is being carried out by the police officials and in case any complaint relating to the obstruction of the company work is reported to the police, then stern action in accordance with law shall be taken against the defaulters.

3.

The status report is taken on record.

4.

Since the law and order situation is normal and no incident of obstruction of the work has been reported to the police, we deem it proper to close the petition with liberty reserved to the petitioner to approach the Court as and when the need for the same arises.

5.

The writ petition is disposed of in the aforesaid terms, so also the pending application(s), if any.