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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
R. Gururajan, J.
Bata Employees Association and Others — Appellant
Vs.
R. Jaya Prakash and Others — Respondent
Miscellaneous First Appeal No. 4315 of 2000
Decided on : 17-11-2000
Injunction - Industrial Dispute - OS No. 4476 of 2000 - Summary of Acts and Sections: The court discussed the provisions of granting an injunction, the test for granting an interlocutory injunction, and the equitable nature of the relief under Order 39 of the Code of Civil Procedure. The court emphasized the need for consideration of all facts before granting an injunction and highlighted the requirement for the right person to seek an injunction. The court also referred to the principles established in the case of Gujarat Bottling Co. Limited Vs. Coca Cola Co. JT, 1995 (6) SC 346.
Fact of the Case:
The Plaintiffs, three officers of a company, filed a suit seeking a permanent injunction against the Defendants, who were employees, alleging threats, intimidation, and harassment. The trial Court granted the injunction in favor of the Plaintiffs, which was challenged in this appeal.
Finding of the Court:
The court found that the trial Judge failed to consider the material facts properly and granted the injunction without sufficient evidence or details in the plaint. The court also emphasized that the right person to seek an injunction in this case was the company, not the officers. The court set aside the impugned order and clarified that the findings were based on the pleading in this case only.
Issues: The issues involved the grant of injunction, the locus of the parties, and the equitable nature of the relief sought by the Plaintiffs.
Ratio Decidendi: The court emphasized the need for consideration of all facts before granting an injunction, the requirement for the right person to seek an injunction, and the equitable nature of the relief under Order 39 of the Code of Civil Procedure.
Final Decision: The Miscellaneous First Appeal was allowed, the impugned order was set aside, and the Respondents were ordered to pay costs of Rs. 5,000/- to the Appellants within a month from the date of the decision.
R. Gururajan, J.—This appeal is filed by M/s. Bata Employees Association and seven other employees of Bata India Limited, Bangalore, (Defendants before the trial Court) aggrieved by the order passed on I.A. I in Original Suit 4476 of 2000 on the file of the City Civil Court, Bangalore City. I will be referring to the parties as per the ranking of the parties before the trial Court.
2. One Sri R. Jaya Prakash, Manager (Production), Sri Sreekumar, Assistant Manager (Maintenance) and Sri S. Gangadhariah, Manager (Personnel), (Plaintiffs) filed a suit in Original Suit No. 4476 of 2000 seeking for the following reliefs:
Wherefore the Plaintiffs respectfully pray that this Hon'ble Court be pleased to pass a judgment and decree of permanent injunction in favour of the Plaintiffs and against the Defendants.
(a) restraining the Defendants, their agents, friends and henchmen or anyone claiming through them from threatening, intimidation and harassing the Plaintiffs and other officers and supervisors and willing workmen of the company and gathering the main entrance of the Plaintiff's factory anywhere within the radius of 100 meters therefrom;
(b) restraining the Defendants and their henchmen and agents from causing any damages to the Plaintiffs and/or to the property of the company.
(c) restraining the Defendants, their henchmen and agents or any one claiming through them from interfering with and obstruction the ingress and egress of the Plaintiffs, other officers, willing workmen and the customers of the Plaintiffs and their vehicles and the vehicles of the Plaintiffs and the movement of raw materials, finished products in and out of the factory in the interest of justice and equity.
3. In the plaint filed before the Court Plaintiffs say that the Company Bata India Limited, has set up a factory at Peenya Industrial Estate, Bangalore, employing 250 workers of different categories. There are settlements between Bata India Limited, and its employees. According to the plaint averment Bata India Limited, declared a lock out on 8.3.2000 due to industrial unrest on account of certain acts on the part of the workers and their supporters contrary to the terms of the settlement. There was go-slow-tactics from 1.2.2000. The efforts of the management to settle the matter did not yield any fruits. The Company suffered losses on account of these various unsustainable acts of the employees. Finally Company declared lockout on 8.3.2000. Even after declaration of lock out the present Appellants staged Dharana, erected Shamiana so as to create industrial unrest and damages to the Company's property. There were obstructions by these Appellants. In the absence of any action on the part of the police authorities the Company had filed a suit in OS No. 1815 of 2000 and the same is pending on the date of the suit. The Plaintiff apprehending that the present Appellants may cause damage to the safety of the office and establishment have filed the present suit seeking for various reliefs as stated above during the pendency of the suit in O.S. No. 1815 of 2000 filed by the Management. They also enclose the plaint in OS No. 1815 of 2000.
4. Notice was issued by the trial Court alongwith the plaint and the Respondents are represented by their learned Counsel.
5. On 19.10.2000 the matter was listed for orders before the trial Court. The Respondents filed a memo stating that they do not press the suit against the Defendant 8. Appellants remained absent and no objection was filed. The trial Court on 19.10.2000 heard the Plaintiff and has passed an order allowing IA and thereby granting injunction in favour of the Plaintiff. This order of the Judge granting injunction against the Appellants is challenged before this Court in this appeal.
6. Respondents had entered caveat.
7. In view of the urgency involved in the matter I have heard the Counsel on either side on merits and perused the impugned order.
8. Sri Subramaniam, learned Counsel appearing for the Appellants conten
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