NARESH KUMAR & ORS. Vs. AJAY & ORS.

JUDGEMENT

(1.) This writ petition has been filed by the petitioners against the order dated 13.03.2014 passed by Additional District and Sessions Judge No.1, Behror, Alwar by which appeal of the petitioners against the order dated 24.07.2013 passed by Civil Judge (JD) Behror, District Alwar has been dismissed. The Civil Judge by the aforesaid order dated 24.07.2013 allowed the application under Order 39, Rule 1 & 2 Code of Civil Procedure for temporary injunction filed by the plaintiff-respondents nos.1 to 4 in the civil suit filed by them.

(2.) Grievance of the petitioners is that a suit for permanent injunction along with an application for temporary injunction was preferred by the respondent nos.1 to 4 to the effect that the petitioners and other workers have allegedly in forged manner formed a trade union and intended to get it registered before the Registrar. The learned trial court without going into the question of maintainability of the suit by virtue of bar contained in Sec. 18 of the Trade Unions Act, 1926 allowed the application for temporary injunction of the respondent nos.1 to 4 and restrained them to persuade the trade union activities in flagrant violation of Art. 19(1)(g) of the Constitution of India and also restrained the Registrar, Trade Unions to register the trade union of the petitioners and other workers. Petitioners aggrieved by the aforesaid order dated 24.07.2013 preferred an appeal before the appellate court. The appellate court by impugned order dated 13.03.2014 dismissed the appeal without going into the factual aspects, preliminary objections and the statutory provisions enshrined in Constitution of India and Trade Unions Act, 1926.

(3.) Shri Yogesh Kumar Sharma, learned counsel for the petitioners has argued that sub-section (1) of Sec. 4 of the Trade Unions Act, 1926 provides that 10% of the members/workmen of any factory can form the trade union and the Trade Unions Act, 1926 does not provide for any remedy to the plaintiffs to object for registration of fresh trade union. It is contended that 131 members of the petitioners' trade union attended the meeting and passed the resolution for formation of trade union and this strength is more than 20% of the total workmen presently working in the factory of respondent no.6. Thus petitioners cannot be retrained to form the trade union as per Rules.