Madras High Court
Tamil Nadu Newsprint And Papers Limited vs The Secretary on 27 February, 2024
C.R.P.(MD)No.1342 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.02.2024
CORAM:
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
C.R.P.(MD)No.1342 of 2019
and
C.M.P.(MD)Nos.7259 and 7261 of 2023
Tamil Nadu Newsprint and Papers Limited,
Kagithapuram,
represented by its Officer -HR (Legal)
Kagithapuram, Karur District. : Petitioner/Petitioner
Vs.
1. The Secretary,
Pugalur Kagitha Alaikku Nilam Valangiyor Nala Sangam,
Door No.1, 1st Street,
Pudhukurukkupalayam, Moolimangalam Post,
Kagithapuram, Karur Taluk and District.
2.M/s.Pugalur TNPL Contract Labour Union,
(Affiliated to CITU), Reg.No.969/TRI,
having office at No.55, West Balijavar Street,
Karur.
3.M/s.TNPL Thozhilalar Sangam,
(Affiliated to MLF), Reg.No.789/TRI,
having office at Anna Nagar,
Velayuthampalayam, Karur.
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https://www.mhc.tn.gov.in/judis
C.R.P.(MD)No.1342 of 2019
4.M/s.TNPL Dr.Ambedkar Contract Thozhilalar Sangam,
Reg.No.1106/TRI,
having office at Thirukkampuzhiyur,
Karur.
5.M/s.TNPL Contract Desiya Thozhilalar Sangam
(INTUC) Reg.No.870/TRI,
having office at Kagithapuram, Karur.
6.TNPL Bharathiya Contract Thozhilalar Sangam (BMS)
Reg.No.77/Karur,
having office at 14/1, Pugalur R.S.Road,
Velayuthampalayam, Karur Taluk.
7.Desiya Murpokku TNPL Oppantha Thozhilalar Sangam,
(DMDK) Reg.No.99/Karur,
having office at No.47, Pasupathy Natesa Nagar,
(Near Annai Theatre) Pasupathy Natesa Nagar,
Pugalur Road, Pugalur Post, Karur Taluk.
8.M/s.TNPL Oppantha Thozhilalar Pathukavalar Munnetra Sangam,
(Affiliated to LPF),
having office at Reg.No.9/KRD/TRI,
Kagithapuram, Karur.
9.M/s.Pugalur TNPL Pathukappu Paiyalargal Sangam,
Reg.No.95/Karur, (Affiliated to CITU),
having office at No.2, CITU Office,
Pugalur S.F.Post, Karur. : Respondents/ Respondents
Prayer : This Civil Revision Petition filed under Article 227 of the
Constitution of India, to set aside the order, dated 28.06.2019 passed in
Tr.O.P.No.12 of 2018 on the file of the Principal District Court, Karur.
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C.R.P.(MD)No.1342 of 2019
For Petitioner : Mr.M.P.Senthil
For Respondents : Mr.T.Sakthi Kumaran, for R7.
: No Appearance, for R1 to R6 and R8.
ORDER
The Civil Revision Petition is directed against the order passed in Tr.O.P.No.12 of 2018, dated 28.06.2019 on the file of the Principal District Court, Karur, dismissing the transfer petition.
2.The revision petitioner as plaintiff has filed the suit in O.S.No.241 of 2013 against the first respondent herein claiming permanent injunction restraining the defendant and his men from interfering with the day to day functioning/operation/running of plaintiff's company in the suit property either by observing any agitation, dharna, hunger strike, gate meeting, demonstration, slogan shouting, inflammatory speeches, picketing etc., within 600 meters in and around the factory premises of the plaintiff's company and the same is pending on the file of the Principal District Munsif Court, Karur ; that the revision petitioner has subsequently filed another suit in O.S.No.324 of 2013 against the respondents 2 to 9 claiming 3/8 https://www.mhc.tn.gov.in/judis C.R.P.(MD)No.1342 of 2019 permanent injunction restraining the defendants from preventing the Officers, Staffs and Workmen of the plaintiff's company or any member of the customers leaving the premises of the plaintiff and from holding out threats or intimidation or indulging in gherao, or wrongful confinement of officers, staff and workmen of the plaintiff company or any member of members of the customers in the premises of the plaintiff company and also for other permanent injunction and the same is pending on the file of the Additional Distict Munsif Court, Karur.
3. In both suits, the defendants have filed written statement and the suits are pending for trial. The revision petitioner has filed a transfer petition before the Principal District Court, Karur, seeking orders to transfer both the suits to the same Court and to try both the suits jointly. The respondents 3, 5, 7 and 8 have filed counter statement raising objections. The learned Principal District Judge, after enquiry, has passed the impugned order, dismissing the transfer petition. Aggrieved by the order of dismissal, the present civil revision came to be filed. 4/8 https://www.mhc.tn.gov.in/judis C.R.P.(MD)No.1342 of 2019
4. As rightly contended by the learned counsel for the seventh respondent and also by the District Court, the purpose for the agitation is different, but according to the learned counsel for the petitioner, the main relief claimed, is to restrain the defendant by observing any agitation, dharna, hunger strike, gate meeting, demonstration, slogan shouting, inflammatory speeches, picketing etc., within 600 meters in and around the factory premises of the plaintiff's company.
5. When the matter is taken up for hearing, the learned counsel for the petitioner would submit that they are not pressing their relief for joint trial, but both the suits may be transferred to the same Court and directed the said Court to proceed with the trial simultaneously.
6. The learned counsel for the seventh respondent would submit that since the reliefs claimed are different, there is no question of ordering for joint trial or even for simultaneous trial.
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7. As rightly observed by the learned District Judge, the issues and the disputes in both the suits are different and as such, both the suits cannot be tried jointly.
8. Considering the submissions made by the learned counsel for the petitioner and taking note of the facts and circumstances of the case, this Court is inclined to transfer the suit in O.S.No.241 of 2013 from the file of the Principal District Munsif Court, Karur to the I Additional District Munsif Court, Karur. The Principal District Munsif Court, Karur is directed to transmit the records relating to the suit in O.S.No.241 of 2013 to the I Additional District Munsif Court, Karur within a period of ten days from the date of receipt of copy of this order and on such receipt of the records, the I Additional District Munsif, Karu, is directed to proceed with the trial in both the suits simultaneously.
9. Since the suits are pending from 2013, the learned I Additional District Munsif, Karur is hereby directed to complete the trial and dispose of the suits as expeditiously as possible preferably within a period of three months from the date of receipt of records from the Principal District Munif Court, Karur.
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10. With the above observation and direction, this Civil Revision Petition is disposed of. Consequently, connected Miscellaneous Petitions are closed. No costs.
27.02.2024 NCC :yes/No Index :yes/No Internet:yes/No das To
1.The I Additional District Munsif, Karur.
2.The Principal District Munsif, Karur
3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.
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das Order made in C.R.P.(MD)No.1342 of 2019 and C.M.P.(MD)Nos.7259 and 7261 of 2023 Dated : 27.02.2024 8/8 https://www.mhc.tn.gov.in/judis