JUDGMENT
A.K. Sikri, J.
1. The plaintif is a Government company
incorporated under the provisions of Indian Companies
Act, 1956. Its corporate office is at New Delhi House,
27, Barakhamba Road, New Delhi and one of its division
at Arunachal Bhawan, Barakhamba Road, New Delhi. It
has filed this suit for permanent injunction against
the defendants. The defendant No. 1 is a trade union
and defendants 2 to 7 are the members of the defendant
No. 1 trade union. The suit is for decree of passing
permanent injunction restraining the defendants from
squatting/dharna in its corporate office. The events
leading to the filing of the present suit, as disclosed
in the plaint, run as under:
It is stated that for providing better working
conditions and facilities to its employees and in order
to save time, in the year 1998, the plaintiff invited
offers for running a small canteen for providing
tea/coffee and snacks to its employees working in the
said offices. Out of the offers received in the
defendant No. 3, the offer of one M/s Friends and Family
Caterers was found to be more competitive. On 29th
January, 1998 M/s Friends & Family Caterers were
awarded the contract for supply of tea/coffee and
snacks to employees of the plaintiff at its said
offices. It is relevant to point out that prior to
1998, the employees were given tea allowance by the
plaintiff and the employees either used to order tea
from outside or go out of the premises and have tea.
This resulted in lot of wastage of precious time and
further exposing the confidential files etc. to the
outsiders. It is also stated that the said contract
was awarded to M/s Friends & Family Caterers for a
period of one year commencing w.e.f. 1st February,
1998 to 31st January, 1999. The said contractor
brought his own employees for running the said canteen
for the said period. The said employees of M/s Friends
& Family Caterers are the defendants 2 to 7. It is
stated that the defendants 2 to 7 are not the employees
of the plaintiff and there is relationship of
employer-employee between the plaintiff and the
defendants 2 to 7.
2. The aforesaid contract awarded to M/s Friends
& Family Caterers came to an end on 31st January, 1999
but was mutually extended up to 31st May, 1999 to enable
the plaintiff to find other suitable contractor. On
the expiry of the aforesaid period, M/s Friends &
Family Caterers removed all their goods and other
materials lying in the premises. Further contract was
awarded to one Sh. B.S. Duggal on 1st June, 1999 who took
charge of the canteen and started its operations w.e.f.
1st July, 1999 and brought his own staff. However, the
defendants 2 to 7 filed writ petition being CW
No. 3802/99 which is being contested by the plaintiff.
3. The plaintiff further avers that in order to
pressurise the plaintiff to accede to their demands,
the defendants stated squatting in the premises of the
plaintiff, in the corridor in front of room No. 214, New
Delhi House, 27, Brakhamba Road, New Delhi. The Said
defendants threatened the employees of the plaintiff
and of new contractor and cause obstruction in the
smooth functioning of the canteen. The defendants are
taking the law in their own hands and do not allow any
person to enter the said canteen and any employee of
the contractor to serve the employees of the plaintiff.
With the fear of injury and in law and order problem
arising, the plaintiff number of times reported the
matter to the local police with whose intervention,
supply is restored and once the police personnel leave
the premises the said threats and obstruction again
start.
4. It is further stated that the corridors
leading to the offices of the plaintiff are 9′ ft.
wide and the defendants and their other supporters
squatting the said corridor leave no space for
employees of the plaintiff. The act and conduct of the
defendants is causing obstruction in the smooth
functioning of the plaintiff apart from causing
inconvenience to all the employees. It is also stated
that apart from the flats under the occupation of the
plaintiff, their other flats and the owners and
occupants of the same are also put to inconvenience.
The defendants 2 to 7 have no privity of contract with
the plaintiff. The defendants by using said illegal
tactics cannot circumvent the process of law and force
the plaintiff to accede to their illegal demands. The
present suit is therefore filed for permanent
injunction as mentioned above.
5. Along with the suit, the plaintiff had filed
application under order XXXIX Rule 1 & 2 CPC for
ad-interim injunction in which ex-parte order dated
14th September, 1999 was passed restraining the
defendants, their agents, members, representatives etc.
from affecting the ingress and egress of the officers
or any visitors of the plaintiff company. It was
however made clear that this order did not prevent the
defendants from carrying on a peaceful demonstration in
support of their demands.
6. The defendants were served with summons and
they caused appearance on 15th November, 1999 and took
time to file the written statement. The written
statement was not filed. Further time was granted by
order dated 7th February, 2000. Still the written
statement was not filed nor anybody appeared for the
defendants and by order dated 4th August, 2000 last
opportunity of six weeks was granted for this purpose.
On the next date i.e. 1st December, 2000 also nobody
appeared on behalf of the defendants nor any written
statement was filed. The defendants were accordingly
proceeded against ex-parte and the plaintiff was
permitted to file the evidence by way of affidavit.
7. Affidavit of Sh. P.T. Mittal, Company Secretary
of the plaintiff has been filed who has also proved
documents Ex. P-1 to Ex. P-11. The incorporation of the
plaintiff company is proved by certificate of
incorporation (Ex. P-1) is the GPA dated 8th
June, 1995 authorising him to sign and verify the
pleadings and institute the suit. The contract with
M/s Friends & Family Caterers is Ex. P-3. Letters
extending the contract till 31st May, 1999 are Ex. P-4
to Ex. P-7. Documents evidencing the fresh contract
awarded to Sh. B.S. Duggal are Ex. P-8 to Ex. P-10 and
complaint lodged with the police station alleging
illegal activities of the defendants is Ex. P-11. He
has also deposed about the agitation by the defendants
at the plaintiff’s premises and averments made in the
plaint to this effect are reiterated on oath. It is
also stated that the corridors leading to the offices
of the plaintiff are 9′ ft. wide and the defendants
and their other supporters squatting the said corridor
leave no space for employees of the plaintiff. The act
and conduct of the defendants is causing obstruction in
the smooth functioning of the plaintiff apart from
causing inconvenience to all the employees. It is also
stated that apart from the flats under the occupation
of the plaintiff, their other flats and the owners and
occupants of the same are also put to inconvenience.
The defendants 2 to 7 have no privity of contract with
the plaintiff.
8. The aforesaid case of the plaintiff remains
unrebutted and unchallenged. There is no opposition on
behalf of the defendants as they have chosen to remain
absent and have also not controverter any allegations
mentioned in the plaint by not filing the written
statement. Of course, the defendants have right to
agitate their demands by peaceful methods. But they
have no right to interfere with the smooth functioning
of the plaintiff or to prevent ingress of egress of the
employees of the plaintiff and from enjoying the
facilities in their office. To ensure this, the
defendants cannot be permitted to squat in the
corridors of the building leading to the office of the
plaintiff. They have already filed the writ petition
being CW No. 3802/99 and their rights, if any, would be
determined in the aforesaid writ petition. The
defendants cannot take law into their hands by adopting
such disruptive activities.
9. In these circumstances, decree for permanent
injunction is hereby restraining the defendants, their
members, agents, representatives etc. from causing any
obstruction in the ingress or egress of the employees
of the plaintiff and of the contractor from the said
building. The defendants, their members, agents,
representatives etc. are also restrained from
squatting/dharna inside the premises, corridors or
gates of New Delhi House, 27, Barakhamba Road, New
Delhi.
10. There shall be no order as to costs. Decree
be drawn accordingly.
11. Suit and IA stand disposed of.