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2021 Supreme(UK) 425
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
Gobind Bhawan Karyalaya & Ors. - Appellants
Versus
State Of Uttarakhand & Ors. - Respondents
Writ Petition (M/S) No. 2717 of 2021
Decided On : 27-12-2021
A.S. Rawat, Advocate, Prasanna Karnatak, Advocate, T.S. Phartiyal, Advocate, Narendra Bali, Advocate
The court's decision was based on the need to maintain peace and tranquility in and around Gita Bhawan premises, considering the absence of disruptive activities by the workmen and the referral of the dispute to the Labour Court.
Headnote:
Agitation - Gita Bhawan Ayurved Sansthan - The court disposed of the writ petition with a direction to maintain peace and tranquility in and around Gita Bhawan premises, ensuring no demonstration is held within 100 meters of the main gate.
Fact of the Case:
The petitioners sought writs to restrain agitating employees and protesters from holding any kind of agitation, demonstration, Dharna, and threats against the employees and visiting devotees of Gita Bhawan. They also requested the deployment of regular police force at Gita Bhawan to curb the activities of the protestors.
Finding of the Court:
The court disposed of the writ petition after considering the submissions made on behalf of the workmen, who stated that they had not resorted to any agitation, demonstration, or Dharna within the premises of Gita Bhawan since March 2021. The court directed the Station House Officer to ensure peace and tranquility in and around Gita Bhawan premises and to prevent any demonstration within 100 meters of the main gate.
Issues: The main issue was the disturbance of peace and tranquility at Gita Bhawan premises due to alleged agitation and demonstrations by the workmen.
Ratio Decidendi: The court's decision was influenced by the submission that the workmen had not engaged in any disruptive activities within the premises since March 2021 and that the dispute between the workmen and the management had been referred for adjudication to the Labour Court.
Final Decision: The writ petition was disposed of with a direction to the Station House Officer to maintain peace and tranquility in and around Gita Bhawan premises and to prevent any demonstration within 100 meters of the main gate.
JUDGMENT
Manoj Kumar Tiwari, J. - By means of this writ petition, petitioners have sought the following reliefs:
"I. To issue a writ or writs particularly in the nature of mandamus directing the respondent authorities being respondent No. 1 to 5 to strictly restrain the agitating employees & other unlawful protesters from holding any kind of agitation, demonstration, Dharna, threat against the employees and other visiting devotees of Gita Bhawan and in and around the premises of the Gita Bhawan and strictly implement such restrictions so as to functioning of Gita Bhawan is not obstructed or hampered.
II. To direct the respondent authorities to deploy some regular police force at Gita Bhawan fur curbing the activities of the protestors."
2. According to the petitioners, the workmen of Gita Bhawan Ayurved Sansthan are holding agitation, Dharna etc. within the premises of Gita Bhawan at Rishikesh and are, thus, disturbing peace & tranquility of Gita Bhawan.
3. This Court vide order dated 16.12.2021 had permitted the petitioners to serve respondent nos. 6 to 14 personally. Today, Mr. Narendra Bali, Advocate has put in appearance on behalf of respondent nos. 6 to 14. He submits that photographs enclosed with the writ petition are of the year 2015 and those photographs have been enclosed to portray a false picture before this Court. He further submits that, after March, 2021, no agitation or Dharna has been resorted to by respondent nos. 6 to 14. He further submitted that dispute between workmen and management of Gita Bhawan Ayurved Sansthan has been referred for adjudication to Labour Court and the workmen are waiting for the decision by Labour Court and they have not indulged in any activity which may result in breach of peace in the locality.
4. In view of the submission made on behalf of the workmen that they are not resorting to any agitation, demonstration or Dharna etc. within the premises of Gita Bhawan, the writ petition is disposed of with a direction to Station House Officer, Police Station Lakshman Jhula, Rishikesh to ensure that peace & tranquility is maintained in and around Gita Bhawan premises. He shall further ensure that no demonstration is held within 100 meters of main gate of Gita Bhawan at Rishikesh.
