Delhi High Court - Orders
Bses Rajdhani Power Ltd vs New Lineman Helper Associations & Ors on 20 February, 2024
Author: Jasmeet Singh
Bench: Jasmeet Singh
$~50
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS (OS) 137/2024
BSES RAJDHANI POWER LTD. ..... Plaintiff
Through: Mr. N. Hariharan, Sr. Adv. with Mr.
Sandeep Prabhakar, Mr. Anupam
Verma, Mr. Nikhil Sharma, Mr.
Aditya Gupta, Mr. Aditya Dhingra,
Advs.
versus
NEW LINEMAN HELPER ASSOCIATIONS & ORS......Defendants
Through:
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 20.02.2024 I.A. 4128/2024
1. This is an application under Section 151 seeking exemption from filing typed copies, translated copies of vernacular documents on behalf of the petitioner.
2. Exemption is granted subject to all just exceptions.
3. The plaintiff shall file legible and clearer copies of exempted documents, compliant with practice rules before the next date of hearing.
4. The application is disposed of.
CS (OS) 137/2024
5. This is a suit seeking injunction in favour of the plaintiff and against the defendant No. 1 association and its members (defendant Nos. 2 to 5) This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/02/2024 at 23:06:29 from holding any indefinite strike, dharna-cum-hunger strike, demonstration, rally, gherao, peace march, shouting slogans, entering or assembling at residences of the employees/managerial staff/ workforce of the plaintiff and award cost for any damage caused to the life and property of the plaintiff.
6. The facts giving rise to filing the present suit are that the plaintiff is engaged in distribution and retail supply of electricity within the NCT of Delhi. The defendant No. 1, i.e. New Lineman Helper Association, is a registered Trade Union which claims to be espousing the causes of the work men who were deployed with the plaintiff by the earlier vendors. Defendant No. 2, i.e. Mr. Hari Prasad Tiwari alias Mr. Hari Prasad alias Rajesh Tiwari, is the president of defendant No. 1.
7. On 12.02.2024, defendant No. 2 addressed a letter to the Head/CEO of the plaintiff and threatened that the members of the defendant No.1 will protest in front of the residence of the business-head of the plaintiff company.
8. It is stated by Mr. Hariharan, learned senior counsel appearing for the plaintiff that the plaintiff has no privity of contract with the defendants. If at all, the defendants are the employees of the plaintiff's earlier vendor. Therefore, the actions of the defendants are illegal and amounts to unfair trade practice.
9. For the reasons stated above, issue summons in the suit on the petitioner taking steps within one week from today. The summons are returnable on 07.05.2024, before the learned Joint Registrar.
I.A. 4124/202410. This is an application on behalf of the plaintiff under Order 39 Rule 1 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/02/2024 at 23:06:29 and 2 read with Section 151 of the CPC seeking ad interim ex-parte orders. The prayers read as under:-
A. Grant ad-interim ex-parte temporary injunction restraining New Lineman Helper Associations and its members, officers, agents or affiliates, restraining them by themselves or through their agents, associates, members and accomplices and Mr. Hari Prasad Tiwari, Mr. Bimal Arora, Mr. Rakesh Saini alias Sangam Saini and Mr. Rajesh Rathi from:
(a) holding an indefinite strike / dharna / demonstration/ dharna-cum-hunger strike, rally, gherao, peace march, shouting slogans, entering or assembling at or near the at the residence (at 128, Vivekanand Puri, Sari Rohilla, Delhi-
110007) of the Head Business of the Plaintiff from 20.02.2024 as stated in the communication dated 12.02.2024;
(b) holding an indefinite strike / dharna / demonstration/ dharna-cum-hunger strike, rally, gherao, peace march, shouting slogans, entering or assembling at or near the at the residence of the Plaintiff's employees, workforce and the Key Managerial Personnel including the Directors on the board of the Plaintiff.
(c) instigating and inciting workforce deployed by the Plaintiff to stage strike / dharna / demonstration/ dharna- cum-hunger strike, rally, gherao, peace march, shouting slogans, entering or assembling at or near the residences of the Plaintiff's employees, workforce and the Key Managerial Personnel including the Directors on the board of the Plaintiff.
(d) causing damage to property and person, or causing disruption in the ingress or egress at residences of the employees/managerial staff/ workforce of the Plaintiff.
(e) interfering in any manner whatsoever from the functioning of the affairs / business and/or from stopping any employee / worker / officer of the Plaintiff from discharging This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/02/2024 at 23:06:30 his functions / duties in terms of his employment;
(f) approaching/ threatening/ pressurizing/ abusing the Plaintiff's employees and instigating them to become part of their illegal acts such as Dharnas / Strikes / Hunger Strikes/ Demonstration / Marches.
(g) distributing, circulating and affixing posters/ pamphlets near or at residences of the Plaintiff's employees, workforce and Key Managerial Personnel including the Directors on the Board of the Plaintiff, containing derogatory and defamatory remarks against the Plaintiff Company, its management, agents, employees, etc.;
(h) circulating emails, Social Media Posts including WhatsApp messages, Facebook posts, other form of communication or issuing emails / other forms of communication on social media or electronically to the Plaintiff's employees and workmen whereby instigating them to become part of their illegal actions;
(i) using any Loudspeakers, or voice enhancing equipment and facilities to agitate their purported grievances at the residence of any employee/ managerial staff of the Plaintiff.
(j) picketing or burning of effigies, etc. of the Plaintiff's employees, workforce and the Key Managerial Personnel including the Directors on the board of the Plaintiff. B. Grant ad-interim ex-parte temporary injunction directing Defendant Nos. 6, 7 and 8 and other concerned police officials to make arrangements and provide adequate aid / assistance and security through the concerned Police Stations at the time of demonstrations/ Dharnas/ Hunger Strike at the residence of the Head Business of the Plaintiff or Plaintiff's employees, workforce and the Key Managerial Personnel including the Directors on the board of the Plaintiff and preserve public order as per law;"
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/02/2024 at 23:06:30
11. A perusal of the facts narrated above seems to suggest that the defendants are not the employees of the plaintiff and were the employees of the ex-vendors of the plaintiff.
12. Thought the defendants have a right of peaceful protest, the defendants cannot be permitted to threaten the business head of the plaintiff or other officers/employees.
13. Mr. Hariharan, learned senior counsel has also drawn my attention to the Sl. No. 6, Part II of the Fifth Schedule under Section 2(ra) of the Industrial Disputes Act, 1947 to state that demonstration is impermissible at the residence of the employer. The same has duly been appreciated by the Judgment in CS (OS) No. 1093 of 2002 titled as "Vidya Sagar Institute of Mental Health and Neuro Services vs. Vidya Sagar Hospital Employees Union, " of which Para 14(5) reads as under:-
"5. There is no right of the unions/employees to hold demonstrations at the residence of the employer. This is specifically prohibited by the provisions of the Industrial Disputes Act and amounts to unfair labour practice on the part of the unions (See Schedule V Entry 6). Thus holding of any kind of demonstration even physical demonstration is per se prohibited at the residence of the employer."
14. For the said reasons, the plaintiff has a prima-facie case and the balance of convenience lies in his favour. In case ad interim ex-parte orders, as prayed for, are not passed, the plaintiff shall suffered irreparable loss and injury.
15. In this view, it is directed that the defendant No. 1 to 5 or any person acting for and on their behalf are restrained from holding any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/02/2024 at 23:06:30 dharna or hunger strike, demonstration, dharna, rally, gherao, peace march, shouting slogans, entering or assembling at the residence of the business head of the plaintiff at 128, Vivekanand Puri,Sari Rohilla, Delhi- 110007 and/or residence of other employees from 20.02.2024.
16. However, the defendants their men agents and servants will be permitted to hold peaceful possession/demonstration outside a radius of 50 meters from the office of the plaintiff.
17. It is further directed that Defendant No. 1 and its members shall not cause any obstruction in the working of the Plaintiffs at their Headquarter/Corporate Office/Grid Stations/Sub- stations etc. and will not cause any hindrance or impediment in the ingress and egress of Plaintiffs' employees, customers, visitors etc. in any manner whatsoever, till the next date of hearing. Defendant No. 1 shall ensure that no worker of the Plaintiff is forced or instigated to join any kind of meeting during his/her working hours, failing which, consequences in law shall follow. The defendants shall not hinder/obstruct ingress and egress of the employees for performing their duties. Said Defendants will also not indulge in any kind of alleged disruptive activities considering the fact that Plaintiffs are obliged and responsible for supplying electricity to the consumers in Delhi, which is an essential service and any impediment or disruptions in the supply of electricity would be detrimental to public interest.
18. The copy of the order be served upon SHO, Kalkaji and Sarai Rohilla.
19. List before Joint Registrar on 07.05.2024 for ensuring compliance.
20. Dasti.
I.A. 4125/202421. This is an application on behalf of the plaintiff under Order II Rule 2 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/02/2024 at 23:06:30 read with Section 151 of the CPC.
22. Issue notice to the respondent through all modes including electronic on the petitioner taking steps within one week from today.
23. The notice is returnable on 07.05.2024 before Joint Registrar.
I.A. 4126/202424. This is an application under Section 151 of the CPC seeking exemptions from complying with the Section 80 of CPC.
25. Issue notice to the respondent through all modes including electronic on the petitioner taking steps within one week from today.
26. The notice is returnable on 07.05.2024 before Joint Registrar.
I.A. 4127/202427. This is an application under Section 149 read with Section 151 of the CPC seeking exemption from filing requisite court fee.
28. Issue notice to the respondent through all modes including electronic on the petitioner taking steps within one week from today.
29. The notice is returnable on 07.05.2024 before Joint Registrar.
JASMEET SINGH, J FEBRUARY 20, 2024/NG Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/02/2024 at 23:06:30