High Court Of Delhi
INDIAN EXPRESS NEWSPAPERS (BOMBAY) PRIVATE LIMITED - Appellant
Versus
T.M.NAGARAJAN - Respondent
Interim Application 8952 of 1987
Decided On : 12/04/1987
Held:
that immunity to workers under Section 17, 18 of Trade Unions Act, 1926 is not available where workers commit acts of violence, intimidation and other offences punishable under Indian Penal Code, and in such cases jurisdiction of Civil Courts is not barred.
Code of Civil Procedure, 1908 - Order 39, Rules 1 and 2 — To prevent acts of voileuce, gherao and prevention of ingress and egress of willing workers etc. can reasonable restrictions be placed by court directing workers not to have demonstration etc. within a particular distance — Held, Yes.
Code of Civil Procedure, 1908 - Section 151 read with Order 39 Rules 1 and 2 — Can a Court issue directions to Police to ensure compliance of injunction granted by court in a case where Police is not a party to the case — Held, Yes.
( 1 ) INDIAN Express Newspapers (Bombay) Pvt. Ltd. , the present plaintiff, has filed a suit for permanent and mandatory injunction whereby claiming a decree to restrain the defendants, their agents and supporters from picketing, demonstrating and gheraoing employees of the plaintiff company and from demonstrating within a distance of 200 meters from the entrance of the Express Building at Delhi and to further restrain the defendants, their agents and associates from preventing the ingress and egress of any employee of the plaintiff company, who wishes to enter the office of the plaintiff company. Along with the suit, the plaintiff filed an application being I. A. 8869/87 under Order 39 Rules I and 2 read with Section 151 of the Code of Civil Procedure for grant of ad interim temporary injunction thereby restraining the defendants from picketing, demonstrating within a distance of 200 meters from the gate of the Express Building, and also from assaulting or gheraoing any employee of the plaintiff company as also directing the Commissioner of Police and the S. H. O. , Darya Ganj Police Station, to enforce the order passed in terms of the above prayer and further directing him to remove the tent of the defendants pitched at the entrance of the Express Building. Vide order dated 27th November, 1987, I granted ex parte ad interim injunction thereby restraining "defendants themselves or their agents or supporters are hereby restrained from preventing the ingress and egress of any employee of the plaintiff company who wishes to enter the office of the plaintiff company. Defendants, are further restrained from picketing within 50 metres of the Express Building situated at Bahadur Shah Zafar Marg, New Delhi. " After service of the stay order, the defendants have moved an application being I. A. 8945/87 under Order 39 Rule 4 read with Section 151 of the Code of Civil Procedure for vacation of the ex parte stay order dated 27th November, 1987.
( 2 ) FACTS giving rise to the institution of the suit have been mentioned in detail in the plaint. In brief the facts are that the Delhi Establishment of the plaintiff company publishes Indian Express, Jansatta and Financial Express dailies from its premises situated at Bahadurshah Zafar Marg, New Delhi where the printing units as well as the editorial and administrative offices are situated. Since 14th October, 1987. it is alleged by the plaintiff, a small number of employees led by anoutsider Mr. T. M Nagarajanhave staged a strike and have from day-to-day physically prevented an overwhelming majority of employees from entering the premises and attending to their duties. The methods adopted to prevent the entry of employees included making it physically impossible for the employees to get into the building by forming human walls, by abuses, by physical assaults, by strone-throwing etc. It is further alleged in the plaint that the defendants along with their supporters have positioned themselves by pitching a tent right at the entrance of the building and have spread themselves on the steps leading to the building and on the platform or chabutra inside the building. This is despite the fact that by an order of permanent injunction dated 20th January, 1987 the Court of the Sub Judge, New Delhi has restrained the defendants from demonstrating, picketing and gheraoing any person within 50 yards from the entrance of the Express Building. In the plaint it is further alleged that the defendants and their supports have indulged in various acts of violence and intimidation against individual employees of the plaintiff company. Many of them have been beaten and some of whom have been hospitalised with head injuries. Despite such intimidation and physical threat, over 350 employees of the plaintiff company entered the building on 28-10-1987 and made efforts to bring out the edition. However, the defendants along with their supporters successfully thwarted food supplies to these 350 employee
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.