(October 9, 2001) 2002 (TLS)126529

2002-DLT-97-521 :: 2002-AD (Del)-2-319

RAIL INDIA TECHNICAL AND ECONOMIC SERVICES LIMITED Vs. Bhartiya General Mazdoor Congress

A. K. Sikri

( 1 ) THE plaintiff is a Government company incorporated under the provisions of Indian Companies act, 1956. Its corporate office is at New Delhi House, 27, Barakhamba Road, New Delhi and one of its division at Arunachal Bhawan, Barakhamba Road, New Delhi. It has filed this suit for permanent injunction against the defendants. The defendant No. 1 is a trade union and defendants 2 to 7 are the members of the defendant no. 1 trade union. The suit is for decree of passing permanent injunction restraining the defendants from squatting/dharna in its corporate office. The events leading to the filing of the present suit, as disclosed in the plaint, run as under:

( 2 ) IT is stated that for providing better working conditions, and facilities to its employees and in order to save time, in the year 1998, the plaintiff invited offers, for running a small canteen for providing tea/cbffee and snacks to its employees working in the said offices. Out of the offers received by the defendant No. 3, the offer of one M/s Friends and Family caterers was found to be more competitive. On 29th january, l998 M/s Friends and Family Caterers were awarded the contract for supply of tea/coffee and snacks to employees of the plaintiff at its said offices. It is relevant to point out that prior to 1998, the employees were given tea allowance by the plaintiff and the employees either used to order tea from outside or go out of the premises and have tea. This resulted in lot of wastage of precious time and further exposing the confidential files etc. to the outsiders. It is also stated that the said contract was awarded to M/s Friends and Family Caterers for a period of one year commencing w. e. f. 1/02/1998 to 31/01/1999. The said contractor brought his own employees for running the said canteen for the said period. The said employees of M/s Friends and Family Caterers are the defendants 2 to 7. It is stated that the defendants 2 to 7 are not the employees of the plaintiff and there is relationship of employer-employee between the plaintiff and the defendants 2 to 7.

( 3 ) THE aforesaid contract awarded to M/s Friends and Family Caterers came to an end on 31/01/1999 but was mutually extended upto 31/05/1999 to enable. the plaintiff to find other suitable contractor. On the expiry of the aforesaid period, M/s Friends and family Caterers removed all their goods and other materials lying in the premises. Further contract was awarded to one Sh. B. S. Duggal on 1/06/1999 who took charge of the canteen and started its operations w. e. f. 1/07/1999 and brought his own staff. However, the defendants 2 to 7 filed writ petition being CW no. 3802/99 which is being contested by the plaintiff.

( 4 ) THE plaint further avers that in order to pressurise the plaintiff to accede to their demands, the defendants started squatting in the premises of the plaintiff, in the corridor in front of room No. 214, New delhi House, 27, Barakhamba Road, New Delhi. The said defendants threatened the employees of the plaintiff and of new contractor and cause obstruction in the smooth functioning of the canteen. The defendants are taking the law in their own hands and do not allow any person to enter the said canteen and any employee of the contractor to serve the employees of the plaintiff. with the fear of injury and of law and order problem arising, the plaintiff number of times reported the matter to the local police with whose intervention, supply is restored and once the police personnel leave the premises the said threats and obstruction again start.

( 5 ) IT is further stated that the corridors leading to the offices of the plaintiff are 9 ft. wide and the defendants and their other supporters squatting the said corridor leave no space for employees of the plaintiff. The act and conduct of the de