Karnataka High Court
M/S Tokai Rika Minda India Pvt.Ltd vs Tokai Rika Minda Employees Union on 28 March, 2022
Bench: E.S.Indiresh
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR. JUSTICE E.S. INDIRESH
WRIT PETITION NO.27375 OF 2019 (GM-CPC)
BETWEEN:
M/S. TOKAI RIKA MINDA INDIA PVT LTD.
PLOT NO.365, KIADB INDUSTRIAL AREA
SOMPURA FIRST STAGE,
DABASPETE, NELAMANGALA TALUK,
BENGALURU RURAL DISTRICT-562 111.
REPRESENTED BY
MR. VIVEK SHIT R. NAIDU
DEPUTY GENERAL MANAGER,
HR AND GA
...PETITIONER
(BY SRI. MALLIKARJUN N.K., ADVOCATE)
AND:
TOKAI RIKA MINDA EMPLOYEES UNION
[A UNIT OF BENGALURU NORTH INDUSTRIAL
WORKERS UNION (C.I.T.U)]
NO.7, 4TH CROSS, OPPOSITE
ST. LAWRENCE ENGLISH PRIMARY SCHOOL,
KALYANA NAGARA, T. DASARAHALLI,
BENGLAURU-560 052.
REPRESENTED BY ITS
UNIT PRESIDENT
MR. NATARAJ. N.S.
....RESPONDENT
(BY SRI. ANANTHARAM T.S., ADVOCATE)
2
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS
IN ORIGINAL SUIT NO.142 OF 2018 FROM THE FILE OF THE
ADDITIONAL CIVIL JUDGE AND JMFC., NELAMANGALA; CALL
FOR RECORDS IN MISCELLANEOUS APPEAL NO.18 OF 2018
FROM THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE,
NELAMANGALA AND SET ASIDE THE ORDER DATED 30TH MAY,
2019 WHICH IS ENCLOSED AS ANNEXURE-H; AND ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This Writ petition is filed by the plaintiff in Original Suit
No.142 of 2018, challenging the order dated 04th June, 2018 on
the file of the Additional Civil Judge and JMFC., Nelamangala (for
short, hereinafter referred to as 'trial Court'), which came to be
modified by order dated 30th May, 2019 in Miscellaneous Appeal
No.18 of 2018 on the file of the Additional Senior Civil Judge,
Nelamangala (for short, hereinafter referred to as 'First Appellate
Court'), allowing the appeal in part.
2. Brief facts for adjudication of this writ petition are that
the plaintiff/petitioner herein has filed suit, seeking relief of
permanent injunction, restraining the defendant-Union, its office
bearers or its members from conducting any form of strikes,
agitations, demonstrations; etc by assembling within the radius
of 250 meters from the plaintiff's company. Along with the
plaint, the plaintiff has filed application under Order XXXIX Rule
1 and 2 read with Section 151 of the Civil Procedure Code,
seeking ad-interim order of temporary injunction restraining the
defendants from obstructing the plaintiff's company, its staff,
workmen, etc from working in its establishment through illegal
strikes, agitations, demonstrations by assembling within a radius
of 250 meters from the plaintiffs company. The said application
came to be allowed by the trial Court, by order dated 04th June,
2018 and defendants are restrained from obstructing in any way
the plaintiff's company, its staff, workmen etc from entering into
and leaving the suit schedule property by resorting to any form
of illegal strikes, agitations, demonstrations by assembling within
80 meters from the outside of the main gate of the suit schedule
premises pending disposal of the suit. Feeling aggrieved by the
same, the defendant/respondent herein has filed Miscellaneous
Appeal No.18 of 2018 on the file of the First Appellate Court.
The First Appellate Court, by order dated 30th May, 2019,
modified the order passed by the trial Court and observed that
the defendants shall conduct peaceful agitation within 80 meters
from the establishment and permitted to hold their agitation
peacefully near or by the external side of the compound wall.
The said order is called in question by the plaintiff before this
Court in the present writ petition.
3. I have heard Sri. Mallikarjun N.K., learned counsel
appearing for petitioner and Sri. Anantharam T.S., learned
counsel appearing for respondent.
4. Sri. Mallikarjun N.K., learned counsel appearing for the
petitioner contended that, defendants are illegally interfering
with the working of the plaintiff's establishment. Therefore, the
plaintiff has been forced to file the suit before the trial Court. He
further contended that the trial Court, after considering the
material on record, has rightly passed the order restraining
defendants from interfering with the working condition of the
plaintiff. However, the First Appellate Court, has modified the
order stating that the defendants are permitted to carry out the
peaceful agitation within 80 meters. He submits that, the said
order of First Appellate Court requires to be interfered with in
this writ petition.
5. Per contra, Sri. Anantharam T.S., learned counsel
appearing for respondent invited the attention of the Court to
the order passed by this Court on 23rd July, 2019 and submitted
that the impugned order passed by the First Appellate Court is
just and proper, which does not call for any interference in this
writ petition.
6. Having heard the learned counsel appearing for the
parties, I have carefully considered the order passed by this
Court with regard to the issue involved in the suit as referred to
above. This Court in order to ameliorate relationship between
the employees and the employer has observed that the workmen
shall follow assurance as given to the Court as well as the
plaintiff-Management is permitted to install C.C. TVs wherever
desirable to minimize friction between the employer and
employees. However, I have also carefully considered the
finding recorded by the First Appellate Court, wherein, the First
Appellate Court, taking into consideration the finding recorded
by the trial Court at Paragraph 27 of the judgment, has modified
the order passed by the trial Court and observed that the
defendants shall agitate their legal demands within 80 meters of
the premises and also observed that the defendant has every
right to form union and carryout the trade union activities,
however, it should not cause damages or violence in the
premises and the same cannot be found fault with. In that view
of the matter, I do not find any merit in the writ petition.
Accordingly, writ petition is disposed of for the reasons stated
above.
Sd/-
JUDGE
ARK
