Court restrains IOC union from holding protests
New Delhi   06-Sep-2011

A court here has restrained an IndianOil employees union from holding dharnas or indulging in gherao within a metre radius of the IndianOil Bhawan in Yusuf Sarai here, enjoy the fundamental right to protest peacefully this should not hamper or obstruct the transaction of business.

Additional District Judge Savita Rao wrote in her order: “It is correct that the defend ant i.e. the employees Union has fundamental right to hold demonstrations in a peaceful manner, but by no stretch of imagination the said fundamental right can include the hampering or obstruction in any manner in the ingress and outguess in the office complex of the plaintiff corporation, or to interfere in their business workings."

Accordingly, the three defendants - the Petroleum Workers Union (IndianOil Unit) the union's president, and secretary - were "restrained from undertaking or holding or instigating, causing abetting or indulging in any dhamas, creating obstructions gherao and demonstrations, within a radius of 150 metres of the premises of IndianOil Bhawan, Yusuf Sarai."

A suit for permanent injunction was filed by the IndianOil complaining that the defendants were obstructing the offices, customers and visitors of the IOC and disturbing peace through demonstrations gherao and shouting slogans. The workers union was protesting against the inter-departmental transfer of an employee, which the union alleged violated service rules.

The union stopped appearing in court following an earlier restraining order issued in 2002, after which the suit was conducted without the presence of defendants, their business workings.

The judge further noted that the transfer of employees from one department to another in the same building was not a violation of their rights.