LAWS(SC)-2008-3-162

ORCHID EMPLOYEES UNION Vs. ORCHID CHEMICALS PHARMACEUTICALS LTD

Decided On March 25, 2008
ORCHID EMPLOYEES UNION Appellant
V/S
ORCHID CHEMICALS PHARMACEUTICALS LTD Respondents

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order passed by a learned single Judge of the Madras High Court allowing the Civil Revision Petition filed by the respondent. By the common order three Civil Revision Petitions were disposed of. The Civil Revi sion Petitions were filed against a common order of dismissal in I. A. Nos. 1489 to 1491 of 2006 in OS No. 360 of 2006 dated 13-3-2007 by the Learned District Munsiff Madurantagam filed by the respondent to restrain the present appellant No. 1 Union and its members from assembling within 100 meters of the boundary of its company and restraining them from obstructing the ingress and egress of vehicles carrying raw material and finished products, staff bus and other vehicles into the respondent Company and also obstructing loyal workers, foreign customers and other visitors from entering into the premises of the company and getting out of the same till the disposal of the suit.

(3.) The High Court held that prima facie there was contravention of Section 22 of the Trade Unions Act, 1926 (in short the Act). It was noted that the formation of the appellant No. 1-Union was challenged and cancellation proceedings were pend ing before Deputy Commissioner of Labour, Chennai. The High Court felt that it would be in the interest of the parties to pursue their remedy before the Deputy Commissioner of Labour, Chennai and get the grievance redressed. It was further observed that if that could not be done, the matter should be referred to Industrial Tribunal and till then the status quo should be maintained. For the reasons stated above, all the Civil Revision Petitions were allowed, setting aside the orders passed in the respective I. A. Nos. 1489 to 1491 of 2006 in O. S. No. 360 of 2006 dated 13-3-2007 by the learned District Munsif, Madurantagam.