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CASE NO.: Appeal (civil)  2096 of 2008

PETITIONER: Orchid Employees\022 Union & Ors.

RESPONDENT: Orchid Chemicals & Pharmaceuticals  Ltd.

DATE OF JUDGMENT: 25/03/2008

BENCH: Dr. ARIJIT PASAYAT, C.K. THAKKER & LOKESHWAR SINGH PANTA

JUDGMENT: J U D G M E N T (Arising out of SLP (C) No.9041 of 2007)

Dr. ARIJIT PASAYAT, J

1.      Leave granted.

2.      Challenge in this appeal is to the order passed by a  learned Single Judge of the Madras High Court allowing the  Civil Revision Petition filed by the respondent.  By the common  order three Civil Revision Petitions were disposed of.  The Civil  Revision Petitions were filed against a common order of  dismissal in I.A. Nos.1489 to 1491 of 2006 in OS No. 360 of  2006 dated 13.3.2007 by the Learned District Munsif  Madurantagam filed by the respondent to restrain the present  appellant No.1-Union and its members from assembling within  100 meters of the boundary of its company and restraining  them from obstructing the ingress and egress of vehicles  carrying raw material and finished products, staff bus and  other vehicles into the respondent Company and also  obstructing loyal workers, foreign customers and other visitors  from entering into the premises of the company and getting  out of the same till the disposal of the suit.       3.      The High Court held that prima facie there was  contravention of Section 22 of the Trade Union\022s Act, 1926 (in  short the \021Act\022).  It was noted that the formation of the  appellant No.1-Union was challenged and cancellation  proceedings were pending before Deputy Commissioner of  Labour, Chennai.  The High Court felt that it would be in the  interest of the parties to pursue their remedy before the  Deputy Commissioner of Labour, Chennai and get the  grievance redressed.  It was further observed that if that could  not be done, the matter should be referred to Industrial  Tribunal and till then the status quo should be maintained.  For the reasons stated above, all the Civil Revision Petitions  were allowed, setting aside the orders passed in the respective  I.A. Nos. 1489 to 1491 of 2006 in O.S. No. 360 of 2006 dated  13.3.2007 by the learned District Munsif, Madurantagam.         4.      The present appellants  and members of  17th respondent  Union (before the High Court) were restrained to assemble  within 100 meters of the boundary of the factory premises of  the respondent company and raise slogans or obstruct the  ingress and egress of the vehicles carrying raw materials and  finished products, staff bus and other vehicles into factory

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premises, and obstruct the loyal workers, foreign customers  and other visitors from entering into the respondent company  and getting out of the same till the disposal of the suit or the  conciliation proceedings, whichever is earlier. It was, however,  observed, that the above interim injunctions will not in any  way interfere with the present appellant\022s rights to strike or  with the exercise of any other rights conferred by the  Industrial Disputes Act or the Trade Unions Act.  Though the  workers cannot be prevented from gathering or picketing  beyond the limit of 100 meters, such assembling and picketing  were to be peaceful and lawful and without in any manner  violating the directions given.       5.      Though various points were urged in support of the  appeal, it was pointed out on 6.12.2007 an order was issued  by the Labour and Employment (A2) Department inter alia  stating as follows:            \023And whereas the Government are of the  opinion that for the purpose of maintaining  employment and industrial peace and to  prevent continuing industrial unrest in the  aforesaid establishment which is a public  Utility Service engaged in the manufacture of  drugs and pending adjudication of the  demands referred to the Industrial Tribunal, it  is necessary to make an order.            Now, therefore, in exercise of the powers  conferred by Section 10B of the Industrial  Disputes Act, 1947, the Governor of Tamil  Nadu hereby makes the following order:            \023The Management of Orchid  Chemicals and Pharmaceuticals  Limited shall provide work to all the  workers who called off the strike on  26.6.2007 except those workmen  against whom criminal complaints  were filed with police by the  management.\024             6.      In view of the aforesaid position, we find that nothing  further survives to be done in the appeal which is accordingly  disposed of.