OVERNITE EXPRESS LIMITED Vs. OVERNITE EXPRESS KARAMCHARI

JUDGEMENT

(1.) THIS is a suit for permanent injunction. Defendant No.1 is a Union of the employees of the plaintiff Company and defendants No.2 & 3 are its President and General Secretary respectively. There have been demands by the defendants claiming extra travelling allowance and benefits for the employees of the plaintiff Company. Those demands were not met and the dispute raised by the defendants was dismissed by the Industrial Tribunal vide order dated 12 th August, 2008. It is alleged in the plaint that the defendants got frustrated on account of dismissal of the industrial dispute raised by them and started threatening and intimidating the officers of the plaintiff Company. They also threatened to stop the working of the Company and disrupt movement of the documents and parcels. On 20 th May, 2010, the plaintiff received a notice dated 18th May, 2010 from the defendants whereby they threatened to hold demonstration at the corporate office and regional office of the plaintiff Company in case their demands were not met. It is alleged that on 20th May, 2010, at about 4.30 PM, the office bearers of the defendant Union along with a large number of employees gathered at the corporate office of the plaintiff Company, handed over the notice dated 18th May, 2010 and threatened to hold demonstration at various offices of the plaintiff Company. It is further alleged that those office bearers and employees started shouting abusive and threatening slogans. The plaintiff has sought injunction restraining the defendants from holding dharna or demonstration within a radius of 100 meters from the gate of its various offices as well as the residences of its managerial staff. They have also sought injunction restraining the defendants from interfering in the peaceful working of the plaintiff Company and obstructing ingress and egress of men and material. Yet another injunction sought by the plaintiff is restraining defendant No.1 Union, its members, office bearers and sympathizers etc. from threatening and intimidating its managerial staff or any other workers or employees.

(2.) NO written statement was filed though it appears that an advance copy was supplied to the learned counsel for the plaintiff who filed replication on 18 th November, 2010. The defendants were proceeded ex-parte vide order dated 18th March, 2011.

(3.) EX . PW-1/5 is the notice dated 3rd February, 2010 sent by defendant No.1 Union to the plaintiff Company through defendant No.3 � Mr. Mahender Safi. Vide this notice, the defendants raised a number of demands including increment of 60% of salary, house rent allowances at Rs.2,000.00 per month. Ex.PW-1/3 is the notice dated 18th May, 2010 sent by defendant No.1 to the plaintiff through Mr. Mahender Safi. It is stated in the letter that the plaintiff Company had not taken steps to meet the demands of Union and, therefore, the members of the Union had decided to hold demonstration/dhrana with effect from 21st May, 2010 at the Head Office, regional office and various branches of the plaintiff. Ex.PW-1/6 is the complaint made by Shri Yash Pal Sharma to the SHO, Police Station Karol Bagh, stating therein that on 20th May, 2010, the office bearers and members of the Union staged a demonstration inside the office premises situated at Overnite House, C, East Park Road, Karol Bagh, New Delhi, wherein abusive and threatening slogans were raised and the employees were intimated. The SHO was accordingly requested to take necessary steps to stop them from staging the demonstration within the premises of the Company or within the range of 25 meters from the outer gates of the Company.