BABULAL NAGAR Vs. SYNTHETICS LIMITED

JUDGEMENT

(1.) Nothing appears more well settled than that the extraordinary jurisdiction under Art. 226 conferred on the High Court was a weapon forged to overreach injustice and secure and advance justice. When therefore, this extraordinary power is used to defeat justice and to promote technicality not only its raison d'etre is violated but it becomes a handy instrument for those to whom litigation cost is a luxury enjoyed at the cost of others and employed to exhaust and harass an unequal opponent. Sad as it may appear that unfortunate situation emerges in this appeal.

(2.) The first respondent - Shree Synthetics Ltd. ('respondent' for short) appears to be a company governed by the Companies Act, 1956. It has set up a factory at Ujjain where it manufactures polyester fibre. Appellants in each of these appeals were the workmen of the respondent. There is a trade union of the workmen employed by the respondent of which at the relevant time three out of the five appellants in this group of appeals were office-bearers. Babulal Nagar was the President, of the Union Babulal Jaiswal was the General Secretary and Ramesh Chandra was the Secretary.

(3.) According to the respondents on June 3, 1975 around 11.10 P.M. one Verma a workman of the respondent on the shift being over went-out of the compound gate and took his seat in a tempo when Babulal Nagar and Babulal Jaiswal along with three other appellants approached him and asked Verma to alight from the tempo as they wanted to talk to him. On Verma's disinclination to come out of the vehicle, it was alleged that Babulal Nagar and Babulal Jaiswal pulled Verma out of the vehicle and all the appellants assaulted him with fists and kicks and felled him down as a result of which Verma sustained bleeding injuries on his head. On hearing the commotion, staff of the security department intervened and rescued him.