The New India Assurance Co. Ltd. vs The Gic Employees’ Union (Nz) ...
2015 Latest Caselaw 7810 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                         CS(OS) No. 1326/2004

%                                                    12th October, 2015

THE NEW INDIA ASSURANCE CO. LTD.                           ..... Plaintiff
                          Through        Mr. Shoumik Mazumdar, Advocate
                                         for Mr. P.K. Seth, Advocate

                          versus

THE GIC EMPLOYEES' UNION (NZ) AND ORS.                     ..... Defendants
                          Through        Defendants are ex parte.

CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?


VALMIKI J. MEHTA, J (ORAL)


1.           This suit is filed by the plaintiff/The New India Assurance Co.

Ltd. against its various Workers' Unions that they should not carry out any

dharna, demonstration etc inside the office premises.


2.           This suit is coming up for ex parte final arguments. In the suit,

the plaintiff/company seeks the relief that the defendants/Workers' Unions

should not carry out demonstration, dharna etc inside the office premises of

the plaintiff/company and should not block the entry of the personnel of the

CS(OS) No. 1326/2004                                                Page 1 of 3
 plaintiff/company and others from entering the office premises. Direction is

prayed that the demonstration, dharna etc not be carried out within a

distance of 500 meters from the office premises of the plaintiff/company.


3.           Defendants were proceeded ex parte by the Order dated

5.2.2015.


4.           Plaintiff has filed affidavit by way of evidence and has proved

the contents of the plaint. In any case, in a case like this, law is well settled

that there cannot be demonstration which will result in disruption of the

normal work activities of the plaintiff/company.


5.           In view of the fact that defendants are ex parte and plaintiff has

proved its case by filing affidavit by way of evidence, this suit is decreed by

directing that defendants will not carry out any demonstration, dharna etc

inside the office premises of the plaintiff/company and that if any

demonstration has to be carried out, it will be carried out at a sufficient

distance from the premises of the plaintiff/company and there will be no

disruption caused to any ingress and egress of any personnel who are

working in the plaintiff/company or otherwise want to visit the office of the

plaintiff/company. Also, defendants will also ensure that if demonstration

has to be done, then that demonstration will not have the effect of disruption
CS(OS) No. 1326/2004                                                 Page 2 of 3
 of work etc of any office or of any other person other than the

plaintiff/company also.


6.          Suit is accordingly decreed leaving the parties to bear their own

costs. All pending applications stand disposed of accordingly.




OCTOBER 12, 2015                                 VALMIKI J. MEHTA, J.

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