- (1.) The present case arises out of an application under Section 397/401 read with Section 482 of the Code of Criminal Procedure, 1973.
(2.) It is directed against the order dated 9.3.2006 passed by the learned Sub-Divisional Magistrate, Darjeeling in M. R. case No. 5 of 2006. The learned Magistrate by the said order attached the finished products, raw materials and tea plants and assets of the factory situated at Chongtong Tea Estate, in short "the Tea Estate". The learned Magistrate also appointed the Block Land & Land Reforms Officer, Darjeeling, as Receiver of the Tea Estate and also formed a Managing Committee for assisting the Receiver.
(3.) The grievances of the petitioner, as ventilated before this Court, may briefly be stated as follows : The petitioner company, amongst other business interests, owns two tea gardens, namely, Chongtong Tea Estate and Lohagarh Tea Estate - both within the district of Darjeeling. For the last 10/12 years the former Tea Estate has been suffering from acute financial crisis and became financially unviable and this was largely due to consistent non-performance of majority of the workers employed therein. Since 1984 relying upon the assurances of the workers that they would ensure increase in production and improvement in the quality of the produce, the company has been running, Despite loss amounting to Rs. 600/- lakhs, the management continued to run the industry in order to safeguard the interest of the workmen. The situation, however, did not improve and the workers, being influenced by some of their leaders as well as outsiders, contributed towards deteriorating industrial relations in the Tea Estate. This naturally resulted in further loss to the management. Salary for the month of December, 2005 could not be paid to the workers on the scheduled date. The workers were duly intimated and were requested to bear with the situation. The management tried to explore all possible ways for arriving at a viable practical solution. Repeated attempts for negotiation across the table failed to yield any result. The management of the Tea Estate was left with no choice but to declare "suspension of work" and issued a notice dated 13.1.2006 to that effect. It, thereafter, came to the notice of the management that a section of the workers in collusion with anti-social elements having vested interests started cutting down the existing matured tea bushes as well as the shed trees with the sole motive to damage the properties of the Tea Estate. On 17.1.2006 a complaint was lodged in this regard before the Officer-in-Charge of the Pul Bazar Police Station. This was followed by a letter dated 20.1.2006, addressed to the Superintendent of Police, Darjceling, wherein it was stated that there is serious threat to law and order. The situation could only be attempted to be taken care of by improving the quantity of production and the quality of the produce. Those belonging to the management of the Tea Estate were, thereafter, put under serious threat. A tripartite meeting was fixed at the office of the District Land & Land Reforms Officer, Darjeeling on 31.1.2006. The management of the Tea Estate, however, in view of violent activities carried out by a section of the workmen did not think it proper to attend such meeting. This was also brought to the notice of the authorities concerned. The Assistant Labour Commissioner, Darjeeling, convened a meeting on 2.2.2006 at Darjeeling Town. The management of the Tea Estate requested for shifting the venue but that was not given any regard. Attention of the District Magistrate, Darjeeling, was drawn to such deteriorating law and order situation by a letter dated 1.1.2006. The Assistant Labour Commissioner again convened a tripartite meeting on 6,2,2006. It came to the notice of the management of the Tea Estate that a section of the workforce attempted to break open the main gate of the factory as also the manager's bungalow. A complaint was lodged in this regard on 2.2.2006. Without taking the situation into consideration the Assistant Labour Commissioner again convened a tripartite meeting on 1.4.2006. The District Police Authorities were requested to provide them with necessary police protection, but without any fruitful result. In such circumstances, the petitioner company was compelled to file application under Section 144 of the Code of Criminal Procedure before the learned Court of Sub Divisional Executive Magistrate, Darjeeling, as the illegal and criminal activities of a section of the workforce gave rise to reasonable apprehension of breach of public law and order. The learned Court by order dated 13.2.2006 directed Officer-in-Charge of the Pul Bazar Police Station to enquire into the matter.;