Dhl Express India Pvt Ltd v. Dhl Employees Union

O R D E R %

05.08.2016

¶1The plaintiff instituted this suit to restrain the defendant no.1, being a Union of the employees of the plaintiff, and the defendants no.2 to 13 and 15 to 27, being the employees of the plaintiff, from hampering, obstructing, interfering or disturbing the operations at the plaintiff's offices and service centres in Delhi and from organising or holding dharnas at the plaintiff's offices and service centres or threatening or instigating other employees from working or reporting for duty and/or from preventing the other employees from performing their duties for the plaintiff and for ancillary reliefs.

¶2The suit was entertained and vide ex parte ad interim order dated 2nd March, 2015 and which continues to be in force, the defendants were restrained from obstructing, interfering or disturbing the operations of the plaintiff's offices and service centres in Delhi and from organising or

holding dharnas at plaintiff's offices or service centres and/or from preventing any other employees from performing their duties for the plaintiff.

¶3The plaintiff has filed IA No.694/2016 for amendment of the plaint to enhance the valuation of this suit for the purposes of pecuniary jurisdiction so as to keep the suit in this Court notwithstanding the enhancement of the minimum pecuniary jurisdiction of this Court.

¶4The matter came up before this Court yesterday when it was felt that considering the nature of the relief claimed in the suit, no purpose would be served in keeping the suit pending. Accordingly the suit was posted for today.

¶5The counsel for the defendants no.1 to 13 and 15 to 27 states that the question whether this Court can allow such amendment as has been sought by the plaintiff or not is pending before the Full Bench.

¶6Undoubtedly so but the said judgment is not to be awaited and this suit kept pending, especially when there is otherwise no impediment to the disposal of the suit.

¶7The counsel for the plaintiff on behalf of the plaintiff undertakes to this Court to within two weeks deposit the deficient court fees in this Court.

¶8Accepting the aforesaid undertaking and binding the plaintiff thereto, IA No.694/2016 is allowed.

¶9The defendants, being the employees of the plaintiff and the Union of the said employees, cannot on the one hand be denied their right of holding dharnas and/or of protesting for their demands against the plaintiff to be met but cannot on the other hand be permitted to take the law onto their own

hands and/or to obstruct in any manner the work at the offices and service centres of the plaintiff and/or to affect the business of the plaintiff.

¶10According to the plaintiff, the offices/service centres of the plaintiff are at the following addresses:-

¶1D1, G14 Ashirwad Complex, Green Park Main, New Delhi

¶2Shop No-112, 1St Floor, DDA Commercial Complex, Rajendra Bhawan, Rajendra Place, New Delhi

¶371/3 Najafgarh Industrial Estate, Rama Road, New Delhi

¶440, Okhla Industrial Estate, Phase-3, Behind Modi Flour Mill, New Delhi-110020,

¶5Shop No 13, DDA Market, Vasant Enclave, New Delhi

¶6UG-23, Upper Ground Floor, Jaina Tower-1, Janakpuri District Centre, Janakpuri, New Delhi

¶7Shop No-115, 1St Floor, Plot No. B09, Twin Tower, Netaji Subash Palace, Pitampura, Ring Road, New Delhi

¶8Shop No. 6, Savitri Cinema, Ground Floor, Near Wine Shop, Savitri Complex, Greater Kailash II, New Delhi

¶9Shop No-G 12, Ground Floor, Pankaj Chambers, Plot No 3, Community Centre, Preet Vihar, New Delhi

¶10UG 3, Mohta Bldg, Bhikaiji Cama Place, New Delhi

¶11Ground Floor, Vandana Building, 11 Tolstoy Marg, New Delhi

¶1247-48, G5, Pragati House, Near Satyam Cine Complex, Nehru Place, New Delhi

¶13A-23, Vishal Enclave, Rajouri Garden, New Delhi

¶14Shop No 2, G-7 Gaurav Apartment, Saket, New Delhi

¶15A-6, Ring Road, South-Extension-1, Next To Haldiram, New Delhi A-1, Main Aurobindo Road, Hauz Khas, New Delhi

¶17Shop No G03, Ground Floor, Hl Square, Plot No-6, Sector-5, Dwarka, New Dehi-110075

¶18Capital Trust House; 47 Community Centre, New Friends Colony, Mathura Road, New Delhi

¶19Shop No-6, B157, Gujranwala Town-1, Opp. Model Town Part

¶20Vasant Lok, IOC Petrol Pump, Munirka Marg, Vasant Vihar, New Delhi.

¶21Kalkaji, Opp. Nehru Place Bus Terminal, Next To Bhairav Mandir, Indian Oil Petrol Pump, New Delhi

and the names and address of the prominent customers of the plaintiff are as under:-

S. No Name Address

¶1Sony India Private Limited A 31, Mohan Co-operative Industrial Estate, Mathura Road, New Delhi-110044

¶2Utility Forms Private Limited B-1/A-23 Mathura Road, New Delhi-110044

¶3Wipro Limited A-23, Mohan Co-operative Industrial Estate, New Delhi-110044

¶4Hyundai Motor (I) Limited-Exports 5th & 6th Floor, Corporate One, (Baani Building), Plot No. 5, Commercial Center, Jasola, New Delhi-110025.

¶5ITDL No. 1223 & 1224, 12th floor, DLF Tower B, Jasola, New Delhi-110025

¶6Punjab National Bank Okhla Branch, NSIC Bhawan, New Delhi-110020

¶7Gaura Handicraft And Exports 152/10, Jamia Sahkari Bank Building, Sarai Julaina, Okhla Road, New Delhi-110025

¶8Canara Bank

269-270, Fruits & Vegetables Market,

Okhla Mandi, Okhla Industrial Estate, New Delhi-110020

¶9Marubeni India Private Limited 5th Floor, Lotus Tower, New Friends Colony, New Delhi-110020

¶10VRS Food No. B1 & B2, Meera Tower, Old Ishwar Nagar, New Delhi-110065

¶11Indian Overseas Bank A-19 & 22, 1st Floor, Moolchand Shopping Complex, New Delhi-110024

¶12TERI (Tata Energy Research Institute) No. Core 6 C, Lobby floor, Darbari Seth Block, India Habitat Centre, Lodhi Road, New Delhi -110003

¶13UNICEF No. 73, Lodhi Estate, Near India Centre, New Delhi-110003

¶14Oberoi Hotel Lodhi Road, New Delhi-110003

¶15India Arts Place 33, Sunder Nagar, New Delhi-110003

¶16Mohan Exports Limited - 9, Zamrudpur Commercial Complex, New Delhi -110048

¶17Jammu & Kashmir Bank Limited A 17, Ring Road, Lajpat Nagar - IV, New Delhi-110024

¶18Interocean Shipping (I) Private Limited. 75, Link Road, Lajpat Nagar -III, New Delhi-110024

¶19Indian Beautiful Art 93, Amrit Puri, 1st Floor, Main Road, Garhi, Opp. ISKCON Temple, New Delhi-110065

¶20Libbas B2B 373, 2nd Floor, Sant Nagar, Near East of Kailash, New Delhi-110065

¶21ICICI Bank 59, Nehru Place, New Delhi-110019

¶22Bank Of Baroda Madhuban building, 55, Nehru Place, New Delhi-110019

¶23Barclays Bank 1st Floor, Eros Corporate Towers, Nehru Place, New Delhi-110019

24. H & M

211, Okhla Industrial Estate, Phase 3, New Delhi-110020

¶25UA India Sourcing Level 6th Incube Business Centre, 18, Nehru Place, New Delhi-110019

¶26Radnik Exports 12, Osian Bldg. 4th Floor, Nehru Place, New Delhi-110019

¶27VFS Global Private Limited S-2 Level Upper Ground Floor, Trade Tower, New Delhi-110019

¶28IDP Education India Private Limited 610-616, 6th Floor, Trade Tower, New Delhi-110019

¶29N & N Chopra Consultants Private Limited 8th Floor, Chiranjeev Tower, 43, Nehru Place, New Delhi-110019

¶30Study Overseas Global Private Limited. S-2 Level Block E, International Trade Tower, Nehru Place, New Delhi-110019

¶31Kotak Mahindra Bank Ground Floor, 1, 2, 3, 4, Deenar Bhavan, 44, Nehru Place, New Delhi-110019

¶32Engineers India Limited 1, Bhikaiji Cama Place, R.K. Puram, New Delhi110066

¶33Syndicate Bank B-12, G.F., Green Park Extension, New Delhi-110016

¶34Saw Pipes Limited. 12, Jindal Centre, Bhikaiji Cama Place, New Delhi-110066

¶35JSL Stainless Limited 301, 3rd Floor, Bhikaiji Cama Bhavan, New Delhi-110066

¶36Canara Bank A - 27, 2nd Floor, Hauz Khas, New Delhi -110016

¶37Adventure India B - 70, Shivalik, Malviya Nagar, New Delhi-110017

¶38Canara Bank 9, Community Centre, Gulmohar Enclave, New Delhi-110049

¶39Lubhani Overseas

#253A/3B, F.F., Shahpur Jat, near Panchsheel Park Commercial Complex, New Delhi-110049

¶41BPS Overseas Private Limited. BPS House, M - 161, Community Centre, Gulmohar Enclave, New Delhi-110049

¶42ATC 220, Gulmohar Enclave, New Delhi-110049

¶43American Embassy [AMC] Chandragupta Marg, Chanakyapuri, New Delhi-110021

¶44Ministry of Overseas Indian Affairs 921, Akbar Bhavan, Chanakyapuri, New Delhi-110021

¶45Lall & Sethi Advocates D - 17-A, South Ex. Part – 2, South Extension, New Delhi-110049

¶46British High Commission [Procurment Unit] Chanakyapuri, Shanti Path, New Delhi-110021

¶47Yes Bank Limited D – 12, South Extension - II, New Delhi-110049

¶48Canadian High Commission / Immigrations 7 - 8, Shanti Path, Chankayapuri, New Delhi-110021

¶49Eads India Private Limited. Teri University Campus, Plot N, Vasant Kunj, Institutional Area, New Delhi -110070

¶50Maruti Marketing Division Aravali Crescent, Plot No.1, S.F. Nelson Mandela Road, New Delhi-110067

¶52Tanishi Crafts 4001, Pocket D-4, Opp. Fortis Hospital, Vasant Kunj, New Delhi-110070

¶53Varsha Associates #7,Park Lane, Farm#9, Jilla Singh Farm, Church Road, Vasant Kunj, New Delhi -110070

¶54TCNS Limited

6, Community Centre, 2nd Floor, Saket, New Delhi-110017

¶55Nippon Steel & Sumitomo Metal

(I) Private Limited 404-407, 4th Floor, DLF South District Center Saket, New Delhi-110017.

¶56Gap International No. 201 2nd floor, South Court, District Centre Saket, New Delhi-110017.

¶57Jaypore e-commerce Private Limited 1st Floor, Lane #5, Westend Marg Saidulajab, New Delhi-110030.

¶58IRCON Limited C-4, District Centre, Saket, New Delhi-110017.

¶59IGNOU Maidan Garhi, New Delhi-110068.

¶60Corporation Bank M - 3 & 4, Greater Kailash -II, New Delhi-110048.

¶61Punjab National Bank Nehru Enclave Branch, Near Nehru Place, New Delhi-110019.

¶62Utsav Fashion Private Limited. D - 3 Okhla Industrial Area, Phase 1, New Delhi-110020.

¶63Elbee Marketing 7/15, Ground Floor, Kalkaji Extn. , New Delhi-110019.

¶64Paramount Products A - 55, Okhla Industrial Estate, Phase II, New Delhi-110020.

¶65Sonu Exim B-5/3, Okhla Industrial Area, Phase - II, New Delhi-110020.

¶66SMS Exports W-8, Okhla Industrial Area Phase - II, New Delhi-110020.

¶67Radnik Exports B - 22, Okhla Industrial Area, Phase - II, New Delhi-110020.

¶683DM Luxury A - 80, Okhla Industrial Area Phase 2, New Delhi-110020.

¶69Pal Enterprises A - 265, Okhla Industrial Area, Phase - I, New Delhi-110020.

¶70Punihani

B - 114, Okhla Industrial Area, Phase-1, New Delhi-110020

¶71Aricia India Private Limited A - 40, Okhla Industrial Area, Phase I, New Delhi-110020.

¶72Pahwa F - 29 Okhla Industrial Area Phase 1, New Delhi-110020.

¶73Fabindia Overseas Private Limited. B – 125, Okhla Industrial Area Phase I, New Delhi-110020.

¶74Bhartiya E - 52, New Manglapuri, Mandi Road, New Delhi-110030.

¶75Delta Exports (India) 293, Dhanmill Road, Chhattarpur Hills, New Delhi-110030.

¶76CIE Limited 365 Sultanpur, New Delhi-110030.

¶77Tabla Sitar Musicals Flat No 1, 3rd Floor, C 60 Rose Apartments, Chhattarpur Enclave, Ph-II, New Delhi-110074.

¶78Amira Foods (I) Limited. 54, Prakriti Marg, Sultanpur Mehrauli, New Delhi-110030.

¶79Alchem 201, Empire Plaza, M.G. Road Sultanpur, New Delhi-110030.

¶80Legend Private Limited Khasra No. 384/2, Plot No. 2, 1st Floor, 100 Ft Road, Village Ghitorni, New Delhi-110030.

¶81Sanskriti India P - 12, Pandav Nagar, Mayur Vihar Phase-1, New Delhi-110091.

¶82Kotak Mahindra Bank Limited./ Avon Solutions Private Limited Room No 711, 7th Floor, Roots Tower Laxmi Nagar Vikas Marg, New Delhi-110092.

¶83R Brother Export Import Private Limited WB 97/B Shakarpur, New Delhi – 110092.

¶84Natures -Natural India 3/3, 3rd Floor, Shiv Shakti Complex, East Vinod Nagar, New Delhi-110091

¶85GE Capital

Ground floor, Delhi IT Park, Shastri Park, New Delhi-110053.

¶86CBS Publishers 204 Patparganj Industrial Area, New Delhi -110092.

¶87Birbal 321 F.I.E. Patparganj Indl Estate, Patparganj, New Delhi-110092.

¶88UDN Book Plot Number 98, 1st Floor, F.I.E. , New Delhi-110092.

¶11The counsel for the plaintiff states that besides restraining the defendants from demonstrating at the aforesaid addresses, the defendants be also restrained from, without engaging in dialogue with the plaintiff demonstrating against the plaintiff at Jantar Mantar, New Delhi. It is stated that such demonstration at a public place harms the reputation and image of the plaintiff.

¶12I have enquired from the counsel for the plaintiff, whether not the same will tantamount to a blanket injunction against the employees from demonstrating for their rights in as much as there will be no parameter for determining whether the employees have resorted to demonstration without engaging in dialogue with the plaintiff or after having attempted so. Such ambiguous and incongruous injunctions cannot be granted by the Court.

¶13A right to demonstrate and protest has in Kameshwar Prasad Vs. The State of Bihar AIR 1962 SC 1166 been held to fall within the freedoms guaranteed by Article 19 (1) (a) & (b) of the Constitution of India and is an important right of the workers/employees against their Management and the same cannot be taken away. Reference if any required can be made to plethora of case law described in Delhi Stock Exchange Association Ltd. Vs. Delhi Stock Exhange Karamchari Union MANU/DE/1380/2000 and Vidya Sagar Institute of Mental Health Vs. Vidya Sagar Hospital

Employees Union 124 (2005) DLT 640. The Government itself has earmarked an area at Jantar Mantar for such protests and the plaintiff cannot take away such right of its workmen/employees.

¶14The counsel for the plaintiff then states that though the defendants may hold dharnas at Jantar Mantar but without using the name of the plaintiff. It is contended that such dharnas by the workers of the plaintiff defame the plaintiff and shake the public confidence in the plaintiff's management.

¶15I am afraid, the plaintiff cannot be permitted to take the sting out of the dharnas and demonstrations by seeking such an order from this Court. What good will the dharnas and demonstration be if the name of the plaintiff is not permitted to be used. Such arguments and attempts of the plaintiff demonstrate that the plaintiff is not following good Human Resource

(HR) practices and is intending to strangulate its workmen/employees by taking away their fundamental right. The plaintiff cannot in law be entitled to the said relief.

¶16Though to balance the two rights, the Courts ordinarily fix a distance from the premises of the employer within which the workmen cannot demonstrate but since the injunction sought by the plaintiff is with respect to a large number of addresses and fixing any such distance may again result in a total injunction, taking away the right of the workmen/employees owing to the location not permitting the distance if any to be so fixed being maintained, it is deemed appropriate to while finally decreeing this suit direct that the defendants will not demonstrate/protest within a reasonable distance from the premises aforesaid and reasonableness of which distance

shall be measured having regard to the entry/exit from the respective premises and/or the degree of disturbance.

¶17The suit is accordingly decreed in favour of the plaintiff and against the defendants in terms of prayer paragraph (a) to (c) of the suit plaint but with the clarification that the injunction would be only from demonstrating or holding dharnas within a reasonable distance from each of the premises aforesaid having regard to the aforesaid factors.

¶18The parties are left to bear their own costs.

¶19Decree sheet be prepared.

¶20The counsel for the defendants at this stage states that she is not appearing for the defendant no.1 Union.

¶21On further enquiry it is informed that the defendants no.2 to 27 excluding defendant no.14, though members of the defendant no.1 Union, are not office bearers of the defendant no.1 Union.

¶22The counsel for the plaintiff states that the written statement is common for the said defendants as well as defendant no.1.

¶23A perusal of the order sheet shows that the defendant no.1 was served and the counsel today appearing for the other defendants was earlier appearing for the defendant no.1 as well.

¶24If the plaintiff does not deposit the court fees as undertaken, the file be put up before this Court.

RAJIV SAHAI ENDLAW, J. AUGUST 05, 2016 'pp' ..

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) No. 570/2015,IA No.9133/2016 (u/O 39 R-2A CPC), IA No.4311/2015 (u/O 39 R-1&2 CPC) & IA No.694/2016 (u/O 6 R-17 CPC). DHL EXPRESS (INDIA) PVT LTD ..... Plaintiff Through: Mr. Rajiv Tyagi, Mr. Divakar Kumar, Mr. Rajendra Prasad and Mr. Gyanendra Sharma, Advs. Versus DHL EMPLOYEES UNION ..... Defendant Through: Ms. Meenakshi, Adv. for D-2 to 13 & D-15 to 27. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW