H K BHALLA DECD Vs. UNION OF INDIA

JUDGEMENT

(1.) The plaintiff has filed the suit for perpetual injunction against the Union of India, through the Secretary, Ministry of External Affairs (defendant No. 1 ), Protector of Emigrants, Ministry of External Affairs (defendant No. 2), the Secretary, Ministry of Labour (defendant No. 3), The New Bank of India (defendant No. 4) and Air India (defendant No. 5). The case of the plaintiff briefly staced is this: The plaintiff is engaged in the business of domestic and international - travel bookings. ;

(2.) In or about 1976 the plaintiff applied for registration with the Ministry of Labour (3rd defendant) for acting as recruitment agent for employing skilled, semi- skilled and unskilled workmen in foreign country. The 3rd defendant granted to the plaintiff provisional certificate of registration on the following terms:

(3.) The plaintiff made arrangement for employment of such persons in Takhta Tavous, Tehran (Iran) and the plaintiff was to act as an agent of M/s. Precision Building Company Limited, West Ave. According to the plaintiff, the certificate was approved by the Protector of Emigrants, the 2nd defendant. The 2nd defendant later on called upon the plaintiff to issue a letter of indemnity and the plaintiff had no option but to execute the surety bond in favour of the 2nd defendant. The plaintiff had also to give two bank guarantees; (1) on 6.6.1978 for Rs. 3,00,000.00 and on 23.3.1978 for Rs. l,00,000.00 . The plaintiff made arrangement for sending the workers and they were working under the plaintiff's principal. By a letter dated 19.8.1978, from the 3rd defendant. Ministry of Labour that the workers in Tehran complained of ill-treatment by the plaintiff's principal, the plaintiff to verify the factual situation visited Tehran.