w w w . L a w y e r S e r v i c e s . i n



Tamil Nadu Atomic Power Employees Union (A Government of India Enterprise), Rep.by its President, Kanchipuram v/s Nuclear Power Corporation of India Ltd., (A Government of India Enterprise), Rep.by its Senior Manager(Personal & Industrial Relations), Madras Atomic Power Station, Kanchipuram


Company & Directors' Information:- U. P. POWER CORPORATION LIMITED [Active] CIN = U32201UP1999SGC024928

Company & Directors' Information:- NUCLEAR POWER CORPORATION OF INDIA LIMITED [Active] CIN = U40104MH1987GOI149458

Company & Directors' Information:- D B POWER LIMITED [Active] CIN = U40109MP2006PLC019008

Company & Directors' Information:- INDIA POWER CORPORATION LIMITED [Active] CIN = L40105WB1919PLC003263

Company & Directors' Information:- INDIA POWER CORPORATION LIMITED [Amalgamated] CIN = U40101WB2003PLC097340

Company & Directors' Information:- B L A POWER PRIVATE LIMITED [Active] CIN = U40102MH2006PTC165430

Company & Directors' Information:- L V S POWER PRIVATE LIMITED [Active] CIN = U40100TG1996PTC023552

Company & Directors' Information:- S L S POWER CORPORATION LIMITED [Active] CIN = U40109AP2005PLC047008

Company & Directors' Information:- S L V POWER PRIVATE LIMITED [Active] CIN = U40102KA2002PTC030448

Company & Directors' Information:- S. E. POWER LIMITED [Active] CIN = L40106GJ2010PLC091880

Company & Directors' Information:- E O S POWER INDIA PRIVATE LIMITED [Active] CIN = U32109MH1985PTC037094

Company & Directors' Information:- SENIOR INDIA PRIVATE LIMITED [Active] CIN = U74999DL1996PTC082386

Company & Directors' Information:- D C POWER LIMITED [Strike Off] CIN = U40109TG1996PLC025996

Company & Directors' Information:- N P K ENTERPRISE PRIVATE LIMITED [Active] CIN = U01400MH2007PTC174648

Company & Directors' Information:- V. K. INDUSTRIAL CORPORATION LIMITED [Active] CIN = U27100MH2004PLC149538

Company & Directors' Information:- POWER CORPORATION OF INDIA LIMITED [Amalgamated] CIN = U50101WB1997PLC084060

Company & Directors' Information:- R K INDUSTRIAL CORPORATION LIMITED [Strike Off] CIN = U29300PB1996PLC017836

Company & Directors' Information:- V T INDUSTRIAL CORPORATION LIMITED [Active] CIN = U74990TN2010PLC078041

Company & Directors' Information:- L L ENTERPRISE PRIVATE LIMITED [Active] CIN = U26960AS2002PTC006815

Company & Directors' Information:- J M V ENTERPRISE PRIVATE LIMITED [Active] CIN = U51109MH2008PTC186891

Company & Directors' Information:- G R ENTERPRISE PRIVATE LIMITED [Active] CIN = U51109AS1998PTC005599

Company & Directors' Information:- B V POWER PRIVATE LIMITED [Active] CIN = U40106DL2011PTC213428

Company & Directors' Information:- A B T MADRAS PRIVATE LIMITED [Active] CIN = U50101TZ2002PTC010090

Company & Directors' Information:- B B M ENTERPRISE PVT. LTD. [Under Liquidation] CIN = U15520WB1995PTC072307

Company & Directors' Information:- R AND H POWER COMPANY PRIVATE LIMITED [Active] CIN = U51109UP1965PTC003067

Company & Directors' Information:- J N S ENTERPRISE PRIVATE LIMITED [Strike Off] CIN = U51109WB2009PTC135819

Company & Directors' Information:- B P INDUSTRIAL CORPN. PVT LTD [Active] CIN = U15312UP1973PTC087037

Company & Directors' Information:- B R POWER LTD [Active] CIN = U40106WB1995PLC073567

Company & Directors' Information:- N M S POWER PRIVATE LIMITED [Active] CIN = U51109WB1999PTC089747

Company & Directors' Information:- G C ENTERPRISE (INDIA) PVT LTD [Active] CIN = U19129WB1992PTC055125

Company & Directors' Information:- P R B POWER PRIVATE LIMITED [Strike Off] CIN = U40101TG1995PTC020647

Company & Directors' Information:- S V G POWER PRIVATE LIMITED [Active] CIN = U40300AP2012PTC084435

Company & Directors' Information:- M S B ENTERPRISE PRIVATE LIMITED [Active] CIN = U70101DL1997PTC091079

Company & Directors' Information:- A B N ENTERPRISE PVT LTD [Active] CIN = U26941WB1996PTC080553

Company & Directors' Information:- A AND R ENTERPRISE PRIVATE LIMITED [Active] CIN = U51900DL2011PTC226264

Company & Directors' Information:- INDIA POWER PRIVATE LIMITED [Active] CIN = U31900DL1995PTC070096

Company & Directors' Information:- A V A INDUSTRIAL CORPN PRIVATE LIMITED [Strike Off] CIN = U29191TZ1956PTC000261

Company & Directors' Information:- J P M ENTERPRISE PRIVATE LIMITED [Strike Off] CIN = U99999MH1965PTC013316

Company & Directors' Information:- M POWER INDIA PRIVATE LIMITED [Active] CIN = U31908MH2012PTC234343

Company & Directors' Information:- J K ENTERPRISE PVT LTD [Active] CIN = U55101AS1986PTC002580

Company & Directors' Information:- S S G ENTERPRISE (INDIA) PRIVATE LIMITED [Active] CIN = U74899DL2000PTC103084

Company & Directors' Information:- A N S INDIA POWER PRIVATE LIMITED [Active] CIN = U51101DL2014PTC266873

Company & Directors' Information:- M T ENTERPRISE PRIVATE LIMITED [Strike Off] CIN = U19201WB2001PTC092823

Company & Directors' Information:- M M K POWER PRIVATE LIMITED [Strike Off] CIN = U40106AP1998PTC030796

Company & Directors' Information:- T K D ENTERPRISE PRIVATE LIMITED [Active] CIN = U17122TN2013PTC090555

Company & Directors' Information:- THE INDUSTRIAL CORPORATION PRIVATE LIMITED [Active] CIN = U15420MH1921PTC000947

Company & Directors' Information:- S J ENTERPRISE PRIVATE LIMITED [Active] CIN = U51109WB1999PTC090492

Company & Directors' Information:- C R E M POWER PRIVATE LIMITED [Strike Off] CIN = U40101DL2001PTC111631

Company & Directors' Information:- D T POWER PRIVATE LIMITED [Strike Off] CIN = U40300AP2015PTC097226

Company & Directors' Information:- G S POWER LIMITED [Strike Off] CIN = U40102KA2010PLC054033

Company & Directors' Information:- T S ENTERPRISE PRIVATE LIMITED [Active] CIN = U51909WB2020PTC239687

Company & Directors' Information:- POWER AND POWER PVT LTD [Active] CIN = U31300AS1989PTC003282

Company & Directors' Information:- B M P ENTERPRISE PRIVATE LIMITED [Strike Off] CIN = U74210TN2005PTC056329

Company & Directors' Information:- UNION ENTERPRISE PRIVATE LIMITED [Active] CIN = U31101MH1996PTC103177

Company & Directors' Information:- M N ENTERPRISE PRIVATE LIMITED [Active] CIN = U51101MH2012PTC238475

Company & Directors' Information:- C J ENTERPRISE PRIVATE LIMITED [Strike Off] CIN = U51909MH2002PTC136247

Company & Directors' Information:- P D M POWER PRIVATE LIMITED [Active] CIN = U40104AS2014PTC011780

Company & Directors' Information:- S B S POWER PRIVATE LIMITED [Strike Off] CIN = U40100AP2012PTC083965

Company & Directors' Information:- B & G POWER LIMITED [Active] CIN = U40105PB2010PLC033765

Company & Directors' Information:- D D INDUSTRIAL PRIVATE LIMITED [Active] CIN = U34102DL2006PTC156978

Company & Directors' Information:- S POWER PRIVATE LIMITED [Active] CIN = U19202DL1986PTC026505

Company & Directors' Information:- G M POWER PRIVATE LIMITED [Strike Off] CIN = U40105PN2003PTC017857

Company & Directors' Information:- POWER INDIA PVT LTD [Strike Off] CIN = U31102WB1983PTC036315

Company & Directors' Information:- S AND S POWER PRIVATE LIMITED [Active] CIN = U40109PY2004PTC001824

Company & Directors' Information:- U S POWER PRIVATE LIMITED [Under Process of Striking Off] CIN = U40103MH2009PTC189364

Company & Directors' Information:- H A P ENTERPRISE PRIVATE LIMITED [Strike Off] CIN = U74900UP2014PTC063344

Company & Directors' Information:- K P M POWER PRIVATE LIMITED [Strike Off] CIN = U40102KA2008PTC046804

Company & Directors' Information:- V J T ENTERPRISE PRIVATE LIMITED [Active] CIN = U45201GJ2012PTC068630

Company & Directors' Information:- D P S MADRAS PRIVATE LIMITED [Strike Off] CIN = U74210TN1986PTC012702

Company & Directors' Information:- POWER-X PRIVATE LIMITED [Strike Off] CIN = U99999DL1970PTC005331

Company & Directors' Information:- S K POWER INDIA PRIVATE LIMITED [Strike Off] CIN = U31101KA2006PTC039172

Company & Directors' Information:- R G D POWER PRIVATE LIMITED [Strike Off] CIN = U41000TG1996PTC023809

Company & Directors' Information:- M M R POWER PRIVATE LIMITED [Active] CIN = U31104DL2008PTC174079

Company & Directors' Information:- S J POWER PRIVATE LIMITED [Strike Off] CIN = U45207HR2012PTC045937

Company & Directors' Information:- C V & CO (MADRAS) PRIVATE LIMITED [Strike Off] CIN = U74999TN1972PTC006161

Company & Directors' Information:- T C POWER PRIVATE LIMITED [Strike Off] CIN = U40101PB2009PTC033405

Company & Directors' Information:- A K INDUSTRIAL CORPORATION (INDIA) PRIVATE LIMITED [Active] CIN = U29130PN2014PTC151053

Company & Directors' Information:- J R R ENTERPRISE PRIVATE LIMITED [Strike Off] CIN = U45400MH2013PTC241527

Company & Directors' Information:- H. & T. POWER PRIVATE LIMITED [Active] CIN = U40106MH2016PTC287646

Company & Directors' Information:- S & O POWER PRIVATE LIMITED [Active] CIN = U40107MH2010PTC206447

Company & Directors' Information:- V D M-POWER PRIVATE LIMITED [Active] CIN = U74999MH2015PTC262999

Company & Directors' Information:- A C R POWER PRIVATE LIMITED [Strike Off] CIN = U74900UP2010PTC040987

Company & Directors' Information:- N D ENTERPRISE PRIVATE LIMITED [Active] CIN = U72200WB2013PTC222749

Company & Directors' Information:- W N POWER PRIVATE LIMITED [Strike Off] CIN = U40101JK2013PTC004009

Company & Directors' Information:- N D ENTERPRISE PRIVATE LIMITED [Active] CIN = U72200JH2013PTC001004

Company & Directors' Information:- C K S POWER PRIVATE LIMITED [Strike Off] CIN = U40101KA2010PTC052199

Company & Directors' Information:- G C I POWER PRIVATE LIMITED [Active] CIN = U40107KA2010PTC053656

Company & Directors' Information:- R. C. POWER PRIVATE LIMITED [Strike Off] CIN = U40100GJ2009PTC058005

Company & Directors' Information:- J R J POWER PRIVATE LIMITED [Active] CIN = U40300GJ2015PTC082396

Company & Directors' Information:- G. N. ENTERPRISE PRIVATE LIMITED [Active] CIN = U14294RJ2018PTC061147

Company & Directors' Information:- L. J. R. ENTERPRISE PRIVATE LIMITED [Active] CIN = U29100MH2019PTC329418

Company & Directors' Information:- D V N POWER PRIVATE LIMITED [Strike Off] CIN = U40101TG2007PTC053069

Company & Directors' Information:- A. R. POWER PRIVATE LIMITED [Strike Off] CIN = U74999DL2007PTC161616

Company & Directors' Information:- INDUSTRIAL UNION PRIVATE LIMITED [Dissolved] CIN = U91110KL1901PTC000443

Company & Directors' Information:- THE INDUSTRIAL CORPORATION LIMITED [Strike Off] CIN = U00804KA1948PLC000529

Company & Directors' Information:- ENTERPRISE PRIVATE LIMITED [Dissolved] CIN = U74900KL1942PTC000334

    S.A. No. 1069 of 2009

    Decided On, 14 September 2020

    At, High Court of Judicature at Madras

    By, THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN

    For the Appellant: V. Selvaraj, Advocate. For the Respondent: Vijayshankar, SCGSC.



Judgment Text


(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, praying to set aside the judgment and decree rendered by the Additional Subordinate Judge, Chengalpattu in A.S.No.34 of 2006 dated 19.08.2008 in and by which he confirmed the judgment and decree rendered by the learned District Munsif cum Judicial Magistrate, Thirukazhukundram in O.S.No.54 of 2004 dated 06.01.2006.)

(The case has been heard through video conference)

1. Against the concurrent findings of the Courts below granting permanent injunction, the aggrieved defendant has filed the present second appeal.

2. The plaintiff is the Nuclear Power Corporation of India Limited located within the campus of Madras Atomic Power Station at Kalpakkam. It is a Government of India enterprises. The defendant is the Employees Union in the plaintiff’s establishment.

3. The plaint averment is that, the plaintiff’s organisation is a public sector undertaking under the Department of Atomic Energy. It is engaged in production of electric power to cater the needs of Southern states of India. Considering the sensitivity of the plaintiff’s organisation, the Government of Tamil Nadu has notified in the gazattee on 03/11/1995 as prohibited area, the entire area where the plaintiff establishment is located. Thereby the access to general public is restricted.

4. In the Joint Consultative Council Meeting held at Mumbai on 26/08/1995, understanding arrived among the Management and the Unions that the Employee’s Union will not conduct any demonstration, slogan shouting, union meeting within 1.6 Kms of the plant premises.

5. Contrary to the agreement, whenever the Union wants to agitate against the Management, the members of the defendant Union used to assemble near the west gate and also in front of the Administration Building Portico and other prohibited area raise slogans, conduct gate meetings, prevent loyal employees from ingress and egress to the plant.

6. On 02/04/2002 in one such gate meeting the crew members of the organisation were badly affected. It caused hardship for the other employees to have ingress and egress to the plant. Being a atomic power plant, it runs round the clock with three shifts. The conduct of the defendant Union members jeopardise the safety and security of the plant.

7. Hence, suit for permanent injunction restraining the defendants, its office bearers, members, agents and any other persons acting on their behalf and their behest, conducting any demonstration, gherao, raising slogans inside the premises or within the prohibited area and also within the 100 meters distance from Central Industrial Security Force ( CISF) main gate ( South gate), conducting sit in strike and preventing other shift workers from attending to their shift work within the plant and prohibited area and also within the 100 meters distance from CISF main gate ( South gate), interfering with the ingress or egress of the employees, officers, customers, guests of the plaintiff to and from the power station in any manner.

8. In their written statement, the defendant Union denied the plaint averments. It denied the existence of any agreement in Joint Consultative Meeting or a Code of Discipline between the plaintiff’s Management and the defendant Union as averred in the plaint. The maintainability of the suit questioned on the ground that the subject matter of the suit is an industrial dispute. Civil Court has no jurisdiction to entertain the suit. It was claimed that the Union has right to agitate in lawful manner after giving statutory notice for strike. Their right to strike cannot be washed away. The south gate is 4 Km away from the operating island which is the important zone containing nuclear installation. The defendants never indulged in any unlawful activities till date. The gate meetings are conducted in a lawful manner without causing any inconvenience to anybody. Being a vexatious litigation the suit has to dismissed.

9. The Trial Court after considering the rival pleadings had framed the following issues:

1) Whether the plaintiff is entitled for the relief of permanent injunction as prayed?

2) What other relief?

10. One witness on each side and 9 exhibits on the side of the plaintiff, 7 exhibits on the side of the defendant were marked. The Trial Court relying upon the judgments reported in 1994 (2) LW 476, 2002 LLR 254, Delhi HC and 2002 LLR 393, Calcutta HC, held that the Civil Courts have jurisdiction to entertain suits of these nature to protect the civil right of the other employees who are entitled to have free ingress and egress to the plant without any disturbance.

11. Refering Ex.A-2 the Government Gazattee notification dated 15/02/1989 declaring the area around the Atomic Plant as prohibited area by the state Government and Ex.A-1 the Joint Consultative Council meeting resolution, the trial Court granted permanent injunction restraining the defendant union members fom carrying on union activities within 100 meters from the main gate. The trial Court has taken into consideration the security risk in allowing the defendants union members and representatives to conduct gate meeting or slogan raising within the prohibited area and near the sensitive installations.

12. The appeal suit filed by the defendant was dismissed by the first appellate Court confirming the reasons assigned by the trial Court.

13. In this second appeal, the learned counsel for the appellant contended that, civil suit is not maintainable to restrain the recognised trade union form exercising its rights in the form of protest and by conducting gate meetings. The alleged understanding between the Management and the Unions in the Joint Consultative Council is not a settlement under Section 18 or under Section 12(3) of the Industrial disputes Act. The prohibitory decree of injunction had taken away the fundamental right of the workman under Article 19 of the Constitution.

14. The learned counsel for the appellant referring Ex.A-1 submitted that the minitues of the JCC would show that there was no agreement regarding the distance. Clause 16.5 only resolve that the unions should follow the code of discipline. In fact, subsequent to the suit, the Management and the Unions have arrived at a 12(3) Settlement on 05/08/2017 agreeing to follow the standing order and code of discipline while strike. However, the permanent injunction granted in this case is taken undue advantage by the Management and they are not permitting any form of strike.

15. The learned Senior Central Government Standing Counsel representing the respondent submitted that the civil suit is always maintainable whenever civil right is at peril. The plaintiff organisation was forced to seek legal recourse after the appellant union members unmindful of the security risk indulged in gate meetings disturbing the crew members and slogan shouting in the front of the administrative office disturbing the peaceful function of the plant. The right of the union to strike is not prohibited it is only restricted to 100 meters from the main gate. Any reasonable restriction to the fundamental right is permissible in law. No right is absolute without restriction. As far as the decree of permanent injunction granted by the Civil Court it is only upto 100 meters from the south gate and the area declared as prohibited by the State Government.

16. Right to form association or union is a fundamental right guaranteed under Article 19 (1) (c) of the Constitution. This covers variety of right including expressing the grievance in lawful and peaceful manner. However this right is subject to reasonable restriction in the interest of sovereignty or integrity of India, public order and morality.

17. In All India Bank Employees Association -vs- National Industrial Tribunal and others [(1962) 3 SCR 269], wherein the Constitutional Bench of the Supreme Court specifically held that even very liberal interpretation of sub-clause (C) of clause (1) of Article 19 cannot lead to the conclusion that trade unions have a guaranteed right to an effective collective bargaining or to strike, either as part of collective bargaining or otherwise.

In Communist Party of India (M) -vs- Bharat Kumar and others [(1998) 1 SCC 201], a three-Judge Bench of Supreme Court approved the Full Bench decision of the Kerala High Court by holding thus:

“….There cannot be any doubt that the fundamental rights of the people as a whole cannot be subservient to the claim of fundamental right of an individual or only a section of the people. In this case, the Apex court affirmed the view of the Kerala High Court that, no political party or organisation can claim that it is entitled to paralyse the industry and commerce in the entire State or nation and is entitled to prevent the citizens not in sympathy with its viewpoints, from exercising their fundamental rights or from performing their duties for their own benefit or for the benefit of the State or the nation. Such a claim would be unreasonable and could not be accepted as a legitimate exercise of a fundamental right by a political party or those comprising it.”

18. In the instant case, the plaintiff has demonstrated before the Civil Court through Ex.A-4 to Ex.A-8, that the members of the appellant union in the name of gate meeting and slogan shouting are disturbing the industrial peace. The reasonable restriction is imposed on them by the Civil Court which has jurisdiction under section 9 of the Code of Civil Procedure to try cases of these nature. There is no bar under the Industrial Dispute Act or any other statute for the Civil Court to entertain suits when the civil right of the larger public is affected. The fundamental right of any individual or group of individuals is subservient to the fundamental right of larger public. When there is conflict between two fundamental right or between two groups over exercise of their respective fundamental rights, the right which would advance the pub

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lic interest should be enforced through the process of the court. 19. Permitting to gather and agitate, to shout slogan and to gherao within the security sensitive areas like the plaintiff premises where atomic plant is installed, may lead to breach of security. It may cause security threat to nation in general and to the installation in particular. A restriction of 100 meters away from the premises outer compound for all these activities is reasonable and a good balance between fundamental rights of life and liberty of the others, fundamental right of trade of the plaintiff Management and the fundamental right of association vest with the defendant Union. 20. Therefore, this Court concur and confirm the judgment and decree of the Courts below. It is also to be noted that the restrain order of injunction is only upto 100 meters from the main gate and within the prohibited area and not beyond that. The injunction decree cannot be construed as a ban on respondent union activities anywhere beyond the 100 meters. 21. In the result, the Second Appeal is dismissed. No order as to costs.
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