IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WVMP.NO.882 OF 2009 and WRIT PETITION NO : 2062 of 2009 WVMP.NO.882 OF 2009 Between: Ramoji Film City (Usha Kiron Movies Limited) Staff and Workers Union, Near Reddy Shop, Ramoji Film City Road, Anajpur, Hayathnagar Mandal, Ranga Reddy District, represented by The Secretary. ..... PETITIONER AND 1 Ushakiron Movies Limited, A company incorporated under the provisions of The Companies Act, 1956, Ramoji Film City, Anajpur, Hyderabad - 501 512, represented by their Managing Director Sri A.Rama Mohan Rao. 2 Ushodaya Enterprises Private Limited, A company incorporated under the provisions of The Companies Act, 1956, having their office at Somajiguda, Hyderabad - 500 082, represented by the Director Sri A.Rama Mohan Rao. 3 Dophin Hotels Limited A company incorporated under the provisions of The Companies Act, 1956, having their registered office at Sitara Hotels, Ramoji Film City, Anajpur, represented by the Director Sri A.Rama Mohan Rao. 4 News today Private Limited, A company incorporated under the provisions of The Companies Act, 1956, having their registered office at Somajiguda, Hyderabad, represented by the Director Sri A.Gopala Rao. 5 The State of Andhra Pradesh, Department of Home, Secretariat, Saifabad, Hyderabad, Represented by The Principal Secretary. 6 The Director General of Police, Andhra Pradesh, Hyderabad. 7 The Commissioner of Police, Cyberabad Commissionerate, Ranga Reddy District. 8 The Station House Officer, Hayathnagar Police Station, Hayathnagar (Anajpur), Ranga Reddy District. .....RESPONDENTS W.P.NO.2062 OF 2009 Between: 1 Ushakiron Movies Limited, A company incorporated under the provisions of The Companies Act, 1956, Ramoji Film City, Anajpur, Hyderabad - 501 512, represented by their Managing Director Sri A.Rama Mohan Rao. 2 Ushodaya Enterprises Private Limited, A company incorporated under the provisions of The Companies Act, 1956, having their office at Somajiguda, Hyderabad - 500 082, represented by the Director Sri A.Rama Mohan Rao. 3 Dophin Hotels Limited A company incorporated under the provisions of The Companies Act, 1956, having their registered office at Sitara Hotels, Ramoji Film City, Anajpur, represented by the Director Sri A.Rama Mohan Rao. 4 News today Private Limited, A company incorporated under the provisions of The Companies Act, 1956, having their registered office at Somajiguda, Hyderabad, represented by the Director Sri A.Gopala Rao. ..... PETITIONERS AND 1 The State of Andhra Pradesh, Department of Home, Secretariat, Saifabad, Hyderabad, Represented by The Principal Secretary. 2 The Director General of Police, Andhra Pradesh, Hyderabad. 3 The Commissioner of Police, Cyberabad Commissionerate, Ranga Reddy District. 4 The Station House Officer, Hayathnagar Police Station, Hayathnagar (Anajpur), Ranga Reddy District. 5 Ramoji Film City (Usha Kiron Movies Limited) Staff and Workers Union, Near Reddy Shop, Ramoji Film City Road, Anajpur, Hayathnagar Mandal, Ranga Reddy District, represented by The Secretary. .....RESPONDENTS Counsel for the Petitioners : MR.B.NALIN KUMAR Counsel for Respondent Nos.1 to 4: GP FOR HOME Counsel for Respondent No.5: MR.K.BALAGOPAL The Court made the following : COMMON ORDER: This is an application to vacate interim Order dated 06- 02-2009 passed in the Writ Petition. At this stage, Sri C.Padmanabha Reddy, learned Senior Counsel for the petitioners, and Sri K.Balagopal, learned Counsel representing respondent No.5 in the Writ Petition and petitioner in the Vacate Stay Petition, requested for final disposal of the Writ Petition. In the manner, in which this Writ Petition is proposed to be disposed of, it is not necessary to delve into the detailed facts of the case. It will suffice to note that there is a serious rift between the petitioners and respondent No.5-Union. Respondent No.5 has been espousing the cause of the members of its Union, who are the workmen working with the petitioners. The immediate cause for filing the present Writ Petition was that though the charter of demands raised by respondent No.5-Union was pending before the Joint Commissioner of Labour, the members of respondent No.5- Union started resorting to highhanded and unlawful activities. Apprehending creation of law and order problems, injury to human life and damage to property from the members of respondent No.5-Union, the petitioners filed representation dated 02-02-2009 before respondent No.4. The petitioners’ grievance is that no action was taken on the said representation and respondent Nos.1 to 4- Police authorities have not deputed a constable to provide protection cover to Ramoji Film City. Respondent No.5-Union filed a detailed counter- affidavit. It is not necessary to delve into various pleas raised in the said counter. The gist of the stand taken by the Union is that the Management of the Ramoji Film City has not been meeting the legitimate demands of the Union and has been indulging in fraudulently obtaining the signatures of the workers, by misleading them with oblique motives, to make use of the same before the Joint Commissioner of Labour. Respondent No.5 asserted their democratic right to enforce their legitimate demands by resorting to various lawful methods to pressure the Management to accede to their demands. At the hearing, Sri C.Padmanabha Reddy, learned Counsel for the petitioner, submitted that the Writ Petition can be disposed of in terms of interim order dated 06-02-2009, which is comprehensive in nature and which does not affect the interests of respondent No.5-Union. Sri K.Balagopal, learned Counsel representing respondent No.5-Union, submitted that certain observations of this Court contained in the said interim order are being misinterpreted by the Police and the same is resulting in suppression of their Trade Union rights to press their demands. The learned Counsel pointed out that the direction of this Court, contained in the last paragraph of the interim Order, to respondent Nos.3 and 4 to provide necessary Police protection to the Ramoji Film City, particularly, at the entrance and ensure that no untoward incident takes place, is being interpreted by the Police, to prevent the members of the Union from holding Dharnas and other forms of showing their protest against the Management. While the rights of the Trade Union cannot be suppressed in a democracy, the Union, however, cannot be permitted to resort to violence and illegal activities to infringe the rights of the Management. The respective rights of the Management and the Union have, therefore, to be given due respect. While the Management cannot suppress the rights of the Union to agitate for their legitimate demands by resorting to methods, which are legally recognized and peaceful, the Management cannot be prevented by the Workers Union from carrying on their day-to-day activities. The last Para of interim Order dated 06-02-2009 is required to be understood by the Police in this manner. To further clarify the said order, it is required to be stated that while the Police are entitled to take action against respondent No.5-Union, if, in the course of agitating for their legitimate demands, they commit any offence or injury, preventing petitioner- Management from carrying on its business activity, Police cannot prevent respondent No.5- Union from asserting their rights in a peaceful and democratic manner. Subject to the above clarification of interim Order dated 06-02-2009, WVMP.No.882 of 2009 and the Writ Petition are disposed of. As a sequel to disposal of WVMP.No.882 of 2009 and the Writ Petition, WPMP.No.2611 of 2009 filed by the petitioners for interim relief is disposed of as infructuous. ___________________________ (C.V.NAGARJUNA REDDY, J) 15th June, 2009 lur