Back
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT GOA
Dama Seshadri Naidu, J.
Akhil Bhartiya Mazdoor Sabha - Appellant
Versus
Venus Ethoxyethers Pvt. Ltd. - Respondent
W.P. No. 6 of 2021
Decided On : 08-03-2021
JURISDICTION - INDUSTRIAL DISPUTES - [Industrial Disputes Act, 1947, Section 2(ra), Part II of Schedule V, Premier Automobile Ltd. Bombay, Automatic Electric P. Ltd. v. Engineering Mazdoor Sabha, Kamlekar Shantaram Wadke, (1975) AIR SC 2238, Chandrakant Tukaram Nikam v. Municipal Corporation of Ahmedabad, (2002) AIR SC 997, Bharat Petroleum Copr. Ltd. v. Petroleum Employees Union, (2001) 2 BCR 464] - The court discussed the jurisdiction of the Civil Court in relation to industrial disputes, citing relevant provisions of the Industrial Disputes Act, 1947, and analyzing precedents such as Premier Automobile Ltd. Bombay, Automatic Electric P. Ltd. v. Engineering Mazdoor Sabha, Kamlekar Shantaram Wadke, Chandrakant Tukaram Nikam v. Municipal Corporation of Ahmedabad, and Bharat Petroleum Copr. Ltd. v. Petroleum Employees Union. The court considered the scope of industrial disputes, the definition of
Fact of the Case:
The first respondent employer sought various injunction orders against the defendants, including restraining them from blocking entry and exit from the plaintiff's establishment, holding demonstrations, and obstructing the plaintiff's employees and agents. The petitioner-trade union raised a preliminary objection, contending that the civil court lacked jurisdiction to try the suit, as the jurisdiction is vested with the authority under the Industrial Disputes Act, 1947. The trial Court rejected the petitioner's preliminary objection, leading to the filing of a Writ Petition under Article 227 of the Constitution of India.
Finding of the Court:
The court discussed the jurisdiction of the Civil Court in relation to industrial disputes, citing relevant provisions of the Industrial Disputes Act, 1947, and analyzing precedents such as Premier Automobile Ltd. Bombay, Automatic Electric P. Ltd. v. Engineering Mazdoor Sabha, Kamlekar Shantaram Wadke, Chandrakant Tukaram Nikam v. Municipal Corporation of Ahmedabad, and Bharat Petroleum Copr. Ltd. v. Petroleum Employees Union. The court considered the scope of industrial disputes, the definition of
Issues: The main issue was whether the civil court had jurisdiction to try the suit, as the jurisdiction is vested with the authority under the Industrial Disputes Act, 1947.
Ratio Decidendi: The court held that the Civil Court has jurisdiction to try the suit in relation to industrial disputes, citing relevant provisions of the Industrial Disputes Act, 1947, and analyzing precedents such as Premier Automobile Ltd. Bombay, Automatic Electric P. Ltd. v. Engineering Mazdoor Sabha, Kamlekar Shantaram Wadke, Chandrakant Tukaram Nikam v. Municipal Corporation of Ahmedabad, and Bharat Petroleum Copr. Ltd. v. Petroleum Employees Union. The court considered the scope of industrial disputes, the definition of
Final Decision: The Writ Petition was dismissed.
JUDGMENT
Dama Seshadri Naidu, J. - In Regular Civil Suit No.60 of 2021 before the Civil Judge, Junior Division, Bicholim, the first respondent employer, as the employer, sought these reliefs:
a) For an order of injunction restraining the defendants, their colleagues, and representatives, agents, permanently, from blocking the entry and exit from and through the plaintiff's establishment/properties of the plaintiff company, as indicated in the annexed Plan at Annexure-2 (colly) to the suit;
b) Pass an order, granting permanent injunction to restrain the Defendants, either by themselves or through from instigating, holding Dharna/ demonstrations at the Plaintiff's establishment or at any place within a radius of 500 meters from the establishment gates/compound wall of the premises of the Plaintiff as indicate in the annexed Plan at ANNEXURE -2 (Colly)to this suit;
c) Pass an order, granting permanent injunction to restrain the Defendants, either by themselves or through from instigating, preventing or obstructing the Plaintiff's employees, the contractors labourers, its agents, customers, clients etc., in free ingress to or egress from the Plaintiff's aforesaid of the establishment/properties of the Plaintiff company as indicated in the annexed Plan at ANNEXURE-2 (Colly) to this suit and;
d) Pass an order, granting permanent injunction to restrain the Defendants, either by themselves or from instigating, preventing or obstructing the Plaintiff's agents, suppliers, customers, clients etc. from supply of the raw material and from removal of the finished goods from the Plaintiffs aforesaid establishment/properties of the Plaintiff company as indicated in the annexed Plan at ANNEXURE-2 (Colly) to this suit and;
e) Pending the hearing and final disposal of the present suit, for an ad-interim order of injunction of this Hon'ble Court restraining the Defendants, from instigating, holding Dharna/ demonstrations at the Plaintiff's establishment or at any place within a radius of 500 meters from the compound wall of the establishment/properties of the Plaintiff company as indicated in the annexed Plan at ANNEXURE-2 (Colly) to this suit;
f) Pending the hearing and final disposal of the present suit, for an ad-interim order of injunction of this Hon'ble Court to restrain the Defendants from instigating, preventing or obstructing the Plaintiffs employees, the contractors labourers, its agents, customers, clients etc, in free ingress to or egress from the Plaintiffs aforesaid establishment of the establishment/properties of the Plaintiff company as indicated in the annexed Plan at ANNEXURE-2 (Colly) to this suit;
g) Injunction to restrain the Defendants, either by themselves or through their agents, supporters, associates, patrons, family members and accomplices from instigating, preventing or obstructing the Plaintiff's agents, suppliers, customers, clients etc. from supply of the raw material and from removal of the finished goods from the Plaintiffs aforesaid establishment of the establishment/properties of the Plaintiff company as indicated in the annexed Plan at ANNEXURE-2 (Colly) to this suit and;
h) For ex parte ad-interim relief in terms of prayers (a), (b), (c), (d), (e), (f) and (g) above.
i) Pass such other further relief that this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.
2. In that suit, the first respondent also sought certain interim reliefs which read thus:
12. In view of the above and circumstances, it is prayed this Honorable Court be pleased to pass:
a) An order of temporary injunction restraining the defendants, from holding dharna or blocking the entry and exit through the factory gates of the establishment/properties of the plaintiff company as indicated in the annexed Plan at Annexure-2 (Colly) to this suit;
b) Pass an order, granting temporary injunction to restrain the Defendants from instigating, holding Dharna/demonstrations at the Plaintiff's factory or at any place within a radi
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
