Uttarakhand High Court
WPMS/552/2021 on 31 March, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 31ST DAY OF MARCH, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
WRIT PETITION (M/S) No. 552 of 2021
BETWEEN:
Gobind Bhawan Karyalaya & others. ....Petitioners
(By Mr. T.A. Khan, Senior Advocate, assisted by Mohd.
Hasnain Raza, Advocate)
AND:
State of Uttarakhand
and others. ...Respondents
(By Mr. T.S. Phartiyal, Additional C.S.C. and Mr. Pradeep
Hariya, Standing Counsel for the State of Uttarakhand
and Mr. Kundan Rai and Mohd. Umar, Advocates for
respondent nos. 6 to 9)
JUDGMENT
By means of this writ petition, petitioners
have sought following reliefs:
"I. To issue a writ order or direction in
the nature of mandamus commanding
respondents no. 1 to 5 to maintain law
and order in all the 7 buildings known
as "Geeta Bhawan" and also within the
surrounding area of Geeta Bhawans up
to an extent of 200 meters from the
outer periphery of all these buildings
situated at Swarg Ashram, Laxman
Jhoola, Pauri Garhwa1. The
respondents no. 1 to 5 may also be
directed to ensure that any
demonstration/agitation, procession,
Dhama, Strike, Hunger Strike and
other such type of activities should not
be allowed in the premises of all the 7
buildings of Geeta Bhawan and also
within the radius of 200 mtrs from the
outer periphery of all the aforesaid
buildings situated at Swarg Ashram,
Laxman Jhoola, Pauri Garhwa1. The
respondents no. 1 to 5 may also be
directed to ensure free egress and
ingress of the managerial staff,
workers, devotees, invitees, guests
and other permitted persons of the
petitioners in all the 7 buildings known
as Geeta Bhawan which are under the
control of petitioners and same are
situated at Post office, Swarg Ashram,
Laxman Jhoola, Pauri Garhwal.
II. To issue a writ order or direction in
the nature of mandamus directing
respondents no. 1 to 5 to protect the
life and property of the employees,
officials, invitees, guests, workers and
other permitted persons of the
petitioners from the respondents no. 6
to 13 and their supporters."
2. Mr. Kundan Rai, Advocate has put in
appearance on behalf of respondent nos. 6 to 9. He
submits that petitioners had approached the Court of
Civil Judge (Senior Division), Kotdwar seeking
permanent injunction, restraining their employees
from holding demonstration within 500 meters of the
main gate of their premises. He further submits that
learned Civil Court decreed the Civil Suit of the
petitioners, vide judgment dated 23.01.2016, against
the workmen and now an application for execution of
the said order has been filed. This fact is not disputed
by learned Senior Advocate appearing for the
petitioners.
3. Mr. Kundan Rai, Advocate has produced in
Court today an order dated 02.03.2021 passed by
Additional Sub Divisional Magistrate, Kotdwar/
Yumkeshwar, in proceedings under Section 107 & 116
Cr.P.C., which is taken on record. By the said order,
some of the workmen have been asked to submit a
bond for good conduct. He further submits that the
conciliation proceedings are pending before Deputy
Labour Commissioner, pursuant to order of this Court
dated 17.03.2021 and there is every likelihood of
amicable settlement of dispute. He, therefore,
submits that no useful purpose would be served by
keeping this writ petition pending.
4. Learned Senior Advocate for the petitioners,
however, disputes this submission and submits that,
in view of disturbance caused by some of the
workmen, the writ petition be kept pending and the
interim order passed in present writ petition be
allowed to continue.
5. This Court finds substance in the
submission made by learned counsel for respondent
nos. 6 to 9. Since petitioners' interest is protected by
the decree passed by learned Civil Court and
proceedings under Section 107/116 Cr.P.C. are also
continuing against the workmen, who allegedly
caused disturbance in the premises of the petitioners,
therefore, no useful purpose would be served by
keeping the writ petition pending.
6. Accordingly, the writ petition is dismissed.
However, this Court hopes & expects that local police
shall make every endeavor to maintain peace and
harmony in the premises of the petitioners and
Deputy Labour Commissioner shall strive to bring
about an amicable settlement to the ongoing
industrial dispute, at the earliest.
(MANOJ KUMAR TIWARI, J.)
Arpan
