Simpson and Co. Ltd. (By Executive Director (Finance) and Secretary), Madras vs Assistant Commissioner of Police, Adyar, Madras and Others

K. Venkataswami, J.—By consent, the writ petition is taken up for final disposal today.

The prayer in the writ petition is for the issue of a writ of mandamus directing the first respondent to afford the petitioner such police protection

on such days as deemed necessary in order to enable the petitioner to remove the dyes and castings from the premises of the second respondent at

16-17 Super A, Guindy Industrial Estate, Madras 32.

The items of goods sought to be removed are given in the schedule to the petition. They are four in numbers. The second respondent-company

is under lock-out. Therefore, the petitioner is not in a position to remove the items mentioned in the schedule. It is not in dispute that the items in

dispute belong to the petitioner. The petitioner owes a sum of Rs. 1,35,000 to the second respondent. The worker''s interest will be protected if

this amount is directed to be invested in a nationalised bank for the period during which the lock-out continues. Accordingly, the petitioner is

directed to deposit a sum of Rs. 1,35,000 to the credit of Writ Petition No. 548 of 1988, in the Indian Bank, High Court Branch, Madras, in short

term fixed deposit on or before 25th February 1988. The petitioner, on such deposit, will be permitted to remove the items mentioned in the

schedule to the petition in the presence of the Secretary of the third respondent-union. The Secretary will be present on giving notice to him by the

petitioner. For the removal of the goods, the petitioner must make its own arrangement. For that purpose, the first respondent will render

necessary protection. The writ petition is ordered accordingly. So far as the amount deposited, as mentioned above, is concerned, either the

second respondent or the third respondent can take out appropriate application after the lockout is lifted.