The balance between the right to protest and the right to conduct business must respect both fundamental rights under the Constitution.

JUDGMENT

This original petition has been filed challenging Ext.P7 judgment passed by the Additional District Court, North Paravur (for short, the appellate court) in CMA No.25/2021, dated 16^th October 2023.

2. The petitioner, the Federal Bank Ltd., is a banking company incorporated under the Indian Companies Act . The respondent is the Federal Bank Officers' Association, a trade union which comprises officers in the cadre of Scale 1 to III (i.e., Assistant Managers, Managers and Senior Managers) of the petitioner's Bank as its members. The petitioner instituted a suit as OS No.204/2020 before the Munsiff's Court, Aluva (for short, 'the trial court') against the respondent for a permanent prohibitory injunction restraining the respondent, its members and supporters from obstructing the bank officials and customers from dealing with the bank, obstructing the ingress and egress of them, committing any acts of waste or damage to the bank's property, holding any meeting or demonstration, dharna, erecting of tents, displaying posters and banners, shouting slogans within a radius of 200 metres from the premises of the head office, annex and nearby branches of the petitioner bank which are specifically described in the properties scheduled in the plaint and also for a mandatory injunction directing the respondent to remove the notice board, hoardings, banners and posters displayed in the plaint schedule properties.

3. Three items of properties are described in the plaint schedule. The plaint A schedule is the property where the head office of the petitioner's bank is situated. The Plaint B schedule property is the property where the training centre of the petitioner's bank functions, and the Plaint C schedule property is the property where the administrative office of the petitioner's bank functions. According to the petitioner, the plaint A and B schedule properties are in its absolute possession and ownership, and the plaint C schedule property is in its possession under the lease agreement. It is alleged that on 3/6/2020, the respondent and a few of its office bearers, without any notice or intimation, held a surprise dharna in front of the head office of the petitioner’s bank at Aluva situated in the plaint A schedule property, holding posters, banners and placards in protest against the transfers of its employees and displayed a poster containing false and misleading contents in the notice board in the plaint A schedule property. The suit was immediately instituted apprehending further trespass and agitation in an intensified manner.

4. Along with the suit, the petitioner filed Ext.P2 application for temporary injunction under Order XXXIX Rule 1 of CPC. The respondent filed Ext.P3 counter affidavit to the injunction application. After hearing both sides in detail, the trial court allowed Ext.P2 injunction application whereby, the respondent, its members and supporters were restrained from obstructing the bank officials and customers from dealing with the bank, obstructing their ingress and egress, and committing any act of waste or damage to the petitioner bank's property. They were also restrained from holding any meeting, demonstration, dharna, erecting of tents, displaying posters, banners and shouting slogans within a radius of 200 metres from the premises of the head office and nearby branches of the petitioner's bank at Aluva till the disposal of the suit. Ext.P5 is the said order. Assailing Ext.P5, the respondent preferred appeal before the appellate court as CMA No.25/2021. After hearing both sides, the appellate court allowed the appeal in part and modified Ext.P5 order as under:

“Restraining the res