M/S G4S Security Services(India) Pvt Ltd v. G4S Trade Union Manch & Ors

order dated

25.10.2010. Vide order dated 18.1.2012 the defendants were proceeded exparte. The plaintiff has ied exparte evidence by producing Mr. Sanjeev Kumar Taku as PWl. He rendered his affidavit as PWl/1 wherein he has supported the averments made in the piaint. The certified copy incorporation has been proved as PW-1/1, copy of the original Power of Attorney in favour of the deponent is exhibited as PW-1/2. The copy of the orders passed by this court in the various suits filed by the (mentioned in para 2 herein above) have been proved on record as PWl/3 to PWl/9. A copy of demand notice issued by defendant received by the on

17.10.2010 has been proved as PWl/10, copy of a letter dated

19.10.2010 is exhibited as PW-1/11, a copy of the notice/pamphlet dated

26.10.2010 defendant thereby plaintiff company to hold a demonstration/dharna at his Office is exhibited as PW-1/12, copies of 3 letters of Defendants 2 to 4 CS(OS) No.2157/2010 dated 22.10.2010 the plaintiff are exhibited as PW-1/13.

¶5The testimony of plaintiff's witness has remained unchallenged. From evidence adduced by the , I am considered view that the plaintiff has succeeded in proving case as set out in the plaint is entitled to a decree of permanent Injunction as prayed for. Accordingly, the defendants, their office-bearers, members, agents, supporters, workers are restrained holding any demonstrations, dharnas, meetings, creating nuisance, using abusive language, obstruction, picketing within the radius of 100 meters of the gates/boundary walls of Registered Office of plaintiff's at 16, Community Centre, C-Block, Janakpuri, New Delhi-110058, Corporate Office at Panchwati 82A, Sector 18, Gurgaon, also at the residence of the Regional of the plaintiff company at Green Farm No.l, Rajokri, near Rajokri red light. New Delhi, at Fi.No. 4652 P, Sector-23 A Gurgaon-122017, Haryana, of Mrs. Rupal Sinha, Regional Business Development Director and also at residence of Mr.Neil Prasad, Managing Director, Prithvi Farm, Silver Oak Lane, Satbadi, Chattarpur, New Delhi-110074. The defendants are also hereby restrained from blocking CSCOS) No.2157/2010 the ingressand egressof the plaintiffsemployees,staff,visitors, trucks, tempos etc.in any manner to the aforementioned premises. They are further restrained from shouting slogans, holding dharnas, demonstrations,meetings, obstruction, using abusivelanguageetc, in office uniform at Shram Shakti Bhawan, Rafi Marg, New Delhi, e

¶6The suitofthe plaintiffis thus accordinglydecreed,withcosts,

¶7Decreesheet be drawn accordingly. KAILASH GAMBHIR, J FEBRUARY 28, 2012 0^ CSCOS] No.2157/2010

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 2157/2010 Judgment delivered on: 28^^ February, 2012 M/s G4S Security Services (India) Pvt. Ltd. Plaintiff Through Mr. Rajesh Banati with Mr. Sunil Verma, Advs. versus G4S Trade Union Manch & Ors. Defendant Through Nemo. CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR: KAILASH GAMBHIR. T. 1. The plaintiff has filed the present suit for permanent Injunction to restrain the defendant, their office-bearers, members, agents, supporters, workers etc. from shouting siogans, hoiding dharnas, demonstrations, meetings, creating nuisance, obstruction, using abusive ianguage, picketing, intimidating etc. within the radius of 100 meters from the gates or boundary wall of the Registered Office piaintiff's at 16, Community Centre, C- Block, Janakpuri, New Delhi-110058, Corporate Office at Panchwati 82A, Sector 18, Gurgaon, aiso at the residence Regionai of the piaintiff company at Green Farm No.l, Rajokri, near Rajokri red light. New Deihi, at H.No. 4652 P, Sector- CS(OS) No.2157/2010 Page1 of7 -W. 23 A Gurgaon-122017, Haryana, of Mrs. Rupal Sinha, Business Development Director also at the residence of Mr.Neil Prasad, Managing Director, Prithvi Farm, Silver Oak Lane, Satbadi, Chattarpur, New Delhi-110074. It is also prayed that they be restrained blocking the ingress egress of the plaintiff's employees, staff, visitors, trucks, tempos etc. in any manner to the aforesaid premises. 2. The case of the plaintiff is that the plaintiff is a private Ltd. Co. incorporated under the Indian Companies Act, 1956 and is one largest security services having nine branches in Delhi and are engaged, in providing security services at various offices of companies/clients. It is alleged by the plaintiff that some employees of the Company who are from Delhi indulge in labour activities and trade unionism for their ulterior motives in order to put pressure on plaintiff to fulfill their illegitimate demands, have been pressurizing the employees to join them and indulge in the activities detrimental to the interest plaintiff. It is also alleged that certain employees in connivance with the trade union started stopping the ingress and egress of other employees started to demonstrate in front of offices residences of CS(OS) No.2157/2010 Page2 of 7 management and that the plaintiff was constrained to file a suit for Injunction being CS(OS) No.1746/2006 titled as M/S G45 Security Services (india) Pvt.Ltd v. M/s Group-4 Securicor Mazdoor Union and ors. wherein an interim Injunction was passed restraining the defendants picketing within 100 mts. from the gates of the offices and residences of officers of the plaintiff. It is further alleged that since new unions came up anci they m refused to abide by the aforesaid order, the plaintiff filed another suit for injunction being CS(OS) No.1555/2007 titled M/S G4S Security Services (india) Pvt. Ltd. v. M/S Group Securicor Mazdoor Union and ors. which suit has been decreed by this Court thereby restraining defendants holding any demonstration within 100 mts. from the gates of the offices of the residences of officers. Similar interim injunction was granted to the plaintiff in CS(OS) No. 355/2009 CT titled M/S G4S Security Services (India) Pvt. Ltd. v. Group 4 Staff Karamchari Welfare Association and ors.; CS(OS) No. 833/2009 titled G4S Security Services (india) Pvt Ltd. v. Group 4, Securicor Employees Welfare Association and ors. ; CS(OS) No.2438/2009 titled M/S G4S Security Services (india) Pvt. Ltd. v. Group 4 Faick Employees Union.; CS(OS) No.225/2010 titled M/S G4S Security CSCOS) No.2157/2010 Services (India) Pvt. Ltd v. G4S Securicor Karamchari Union and ors. 3. The grievance raised by the plaintiff in the present suit is that the defendant union which is not recognized by plaintiff has now started emerging to show their strength and presence and have been putting pressure on the plaintiff for acceding to their illegal demands including illegal promotion to employees. The de