R SRINIVAS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IT is the case of the prosecution that the BPL Engineering limited has eight units at Bangalore spread over at Bommanahalli, Basavanapura, bommasandra, Koodlu gate and two at White field, and at Old Madras road. The large number of workers were engaged on temporary basis, the employees of all the eight units at bangalore formed a common trade union and they made an application for registration of the Union. The management opposed the registration, however, the Union formed by the employees was registered and the management appealed to the Assistant Labour Commissioner challenging the registration of union. A show cause notice was issued to the union. This Court quashed the show cause notice. The registered union of the employees affiliated to the CITU thus came into existence. A1 and A2 are the president and secretary of the union and A3 to A47 and other accused are said to be the active members of the union. The trade union placed the demands before the management for regularization of all the temporary employees and in that regard, dharanas, protests and meetings were being held continuously outside the factory premises at Basavapura and Bommanahalli units. On 19-11-1998 there was a protest demonstration by the leaders, office bearers and other activists of the Union persuading the employees not to attend the work at basavapura unit. One Lalitha and three other workers (not a witness in this case) lodged complaint before the Hebbagodi police station against A6 and 4 other lady workers (lady workers are not accused in this case)for assaulting and preventing them from attending the work. On the basis of the said complaint, the police have filed charge-sheet against A6, a15, A33, A36 and three of the lady accused named in the said complaint. The BPL Management also made a requisition for police protection to the factory and to the employees making allegations against A6, A15, A33, a36 and A47 and also referred to the complaint lodged by Lalitha on 19-11-1998. On the same day, the BPL management also gave a complaint to Madiwala Police against 10 persons viz. , A6, A15, A33, A36, A47 and others for assaulting and obstructing the workers from attending the work at Bommanahalli unit. The police have not filed any charge sheet in respect of the said complaint made by BPL management.

(2.) THE BPL management was not prepared to accede to the demands of the workers, therefore, the office bearers and the members of the Union were continuously holding protest demonstration in the factory premises. The bpl management had also filed Civil Suits on 30-11-1998 and 2-12-1998 against the striking union members not to hold protest demonstration in the factory premises. The civil Court, in both the suits, injuncted/restrained the workers from holding protest demonstration within a distance of 100 Meters from the factory premises at Basavapura and bommanahalli units.

(3.) THE BPL management had also initiated disciplinary proceedings against A6, A15 and A33 for the alleged acts of misconduct at bommanahalli Unit and the said persons are also named as accused in the complaint lodged at Madiwala police in respect of bommanahalli unit. But in respect of the allegations made against them in the complaint relating to Basavapura unit, no disciplinary action was initiated.