ASIAN HOTEL EMPLOYEES UNION Vs. ASIAN HOTEL LTD

JUDGEMENT

(1.) This Appeal is against an Order dated October 8, 1999 by which the Appellants' Union has been restrained from holding any demonstrations or dharnas within 80 meters from the boundary of Hotel Hyatt Regency. It is submitted that 80 meters is too great a distance. It is submitted that the Appellants should have been permitted to hold peaceful demonstration and dharna at the door steps of the Hotel. It is submitted that peace ml demonstrations and/or dharnas are recognised trade union activities. Reliance is placed upon a Judgment in the case of Patel Oil Mills v. Relaxo Rubber & Allied Industries Employees Union and Others reported in (1999-I-LLJ- 894) (Del) in support of this proposition.

(2.) In the case relied upon the concerned industry was a Mill and/or a factory. In the present case the Respondents are running a hotel. The hotel industry is a hospitality industry. The hotel industry is at present very competitive. In a hotel industry the hotel has to ensure the comfort of each guest and to make sure that their stay is pleasant. Any unsavoury incident or any sign or unpleasantness would have the potential to scare away the customers and mar the image of the hotel. Having employees demonstrate at the gate of the hotel, even though they may be demonstrating peacefully, would mar the image of that hotel.

(3.) The learned single Judge has prescribed a distance of only 80 metres. According to us the learned single Judge prescribed a very short distance considering that this is to be outside a hotel. However, that being within the discretion of the learned single Judge we see no reason (sic.) to interfere.