REFERENCE

ISSUE RAISED/FACTS

HELD

1

WING PHARMACEUTICALS Vs  PRAGATISHEEL MAZDOOR SANGH

[2001(II) LLJ 304 [HC-DEL-SB]OTHER CASES [1991 LLR 792,1989 (I) LLJ 117, 1982 AIR SC 1302][1997(76) FLR 628 (KER),1998 LLR 1003 (KER),1999 LLR 204 (KER)]

1

CAN PERMANENT INJUNCTIONS BE OBTAINED AGAINST UNIONS DEMONSTRATING INSIDE/IN THE FRONT GATE AND CAUSING OBSTRUCTION?

1

PERMANENT/AD-HOC INJUNCTIONS CAN BE ISSUED BY COURTS, RESTRAINING DEMONSTRATIONS WITHIN 100 METRES

2

BHARAT PETROLEUM CORPN LTD

Vs

PETROLEUM EMPLOYEES UNION

[2001(91)FLR 108 HC-BOM-DB]

CAN A CIVIL SUIT BE FILED AGAINST A TRADE UNION/WORKMEN TO PREVENT THEM FROM GOING ON AN ILLEGAL  STRIKE IN VIOLATION OF SECTION 22(1) OF I.D.ACT 1947?

1

 2.

3.

A CIVIL IUNJUNCTION CANNOT BE ISSUED ON A MATTER PROVIDED UNDER SPECIAL STATUES LIKE I.D.ACT.

SECTION 18 AND 17 OF THE TRADE UNIONS ACT 1926 SEPCIFICALLY GIVE THE RIGHT TO WORKMEN TO WITHDRAW THEIR LABOUR AND SUCH ACTION IS PROTE TED EVEN IF IT IS IN VIOLATION OF THEIR CONTRACTUAL OBLIGATIONS.

EVEN IF THE STRIKE IS ILLEGAL NO INJUNCATIONOR ORDER CAN BE ISSUED BY CIVIL COURTS TOFORCE THE WORKMEN TO RETURN TO WORK.

3

CHACKOLAS  SPINNING & WEAVING MILL Vs

CHAKOLAS

T.M.T.UNION

2002(2)LLJ 33[HC-KER-DB]

1

2.

A UNION WHICH WAS NOT RECOGNISED BY THE MANAGEMENT APPROACHED THE HIGH COURT TO DIRECT THE LABOUR COMMISSIONER AND MANAGEMENT TO GRANT RECOGNISTION ONLY ON THE BASIS OF REFERENDUM BY THE LABOUR DEPARTMENT.

CAN THE HIGH COURT ISSUE A WRIT OF MANDAMUS TO THE LABOUR COMMISSIONER TO CONDUCT THE REFERENDUM?

1

2

3.

IN THE ABSENCE OF ANY STATUTORY DUTY THE HIGH COURT IS NOT JUSTIFIED IN ISSUING ANY DIRECTION TO LABOUR COMMISSIONER TO HOLD A REFERENDUM IN A PRIVATE SECTOR COMPANY.

IF IT WERE A PUBLIC SECTOR COMPANY IT WOULD BE GOVERNED BY ARTICLE 14 AND COURTS CAN ISSUE DIRECTIONS TO HOLD REFERENDUM

IN THIS CASE THE SINGLE JUDGES ORDER TO LABOUR COMMISSIONER TOHOLD REFERENDUM WAS STRUCK DOWN BY THE DIVISION BENCH.

GOVERNMENT TOOL ROOM & TRAINING CENTRE OFFICERS ASSOCIAITON VS ASST LABOUR COMMISSIONER BANGALORE 2002(93)FLR 580 [HC-KAR]

2

3

THE  SUPERVISORS  AND OFFICERS  WHO  DO NOT FALL UNDER THE DEFINITION OF ‘WORKMEN’ UNDER ID ACT APROACHED THE LABOUR COMMISSIONER FOR REGISTERING THEIR ASSOCIATION AS A TRADE UNION UNDER T.U.ACT 1926

COMMISSIONER REFUSED ON THE GROUND THAT PETITIONERS ARE NOT WORKMEN

IS THE COMMISSIONER DECISION JUSTIFIED?

 2

AS PER SECTIONS 2(H) ,4,8, AND 9 OF .T.U.1926,THERE ISNO REQUIREMENT THAT EMPLOYEES SEEKING REGISTRATION AS A UNION SHOULD SATISFY DEFINITION OF ‘WORKMAN’ UNDER ID ACT.

ALL EMPLOYEES INCLUDING OFFICERS CAN GET THEIR ASSOCIAITONS REGISTERED AS A TRADE UNION.

STANDARD CHARTERED GRINDLAYS BANK Vs GRINDLAYS BANK EMPLOYEES ASSOCIATION

2002(92) FLR 820 OF [HC-DEL] 2002 (2) LLJ 1009

2

3.

 4

 5

 6

 7

SECTION 36 AD(1) OF THE BANKING REGULATION ACT 1948 STIPULATES AS FOLLOWS:

NO ONE SHALL OBSTRUCT ANY PERSON FROM ENTERING OR LEAVING THE BANK.

HOLD WITHIN THE OFFICE OR PLACE OF BUSINESS ANY DEMONSTRATION CALCULATED TO PREVENT NORMAL BANKING TRANSACTIONS

ACT IN ANY MANNER CALCULATED TO UNDERMINE THE CONFIDENCE OF THE DEPOSITORS.

SECTION 36AD(2) STIPULATES THAT ANYBODY CONTRAVENING THE ABOVE RULE WITHOUT A REASONABLE EXCUSE SHALL BE PUNISHABLE BY IMPRISONMENT WHICH MAY EXTEND UPTO 6 MONTHS.

BANK FILED AN INJUNCTION SUIT AGAINST THE  ASSOCIATION  TO PREVENT THEM  FROM  INDULGING  IN  THE ABOVE ACTIONS

THE ASSOCIATION CONTENDED THAT CIVIL COURT HAD NO JURISDICTION TO TRY THE CASE AGAINST THEM AS THEY ARE ONLY INDULGING IN NORMAL TRADE UNION ACTIVITIES AND THEY HAVE IMMUNITY FROM  PROSECUTION  UNDER SECTION 18 OF THE T.U.ACT1926

1

2.

GRANTING PERMANENT INJUNCTION AGAINST THE ASSOCIATION, THE JUDGE HELD:

IF  A PARTICULAR ACTIVITY INDULGED IN BY THE ASSOCIATION ATTRACTS SECTION 36 AD OF THE BANKING REGULATION ACT, IT CEASES TO BE A TRADE DISPUTE CONTEMPLATED IN THE T.U.ACT AND ACCORDINGLY THE ASSOCIATION CEASES TO ENJOY THE PROTECTION UNDER SECTION 18 OF THE T.U.ACT.

AN ACT THOUGH CRIMINAL IN NATURE, IF IT CAUSES INJURY TO A PERSON OR PROSPERITY OF ANOTHER, THE CIVIL COURT HAS THE JURISDICTION AND POWER TO GRANT INJUNCTIONS.