Petitioner sought writ for police security and declaration that an exclusivity agreement for labour deployment was void. Court found the dispute was between rival unions and no further orders were required in this writ.
No orders passed; Petitioner left to approach respondents for protection if threatened.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CWP No. 24902 of 2012
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CWP No. 24902 of 2012 (O&M) Date of decision : 19.03.2014
M/s Baba Naga Overseas
... Petitioner
versus
State of Punjab and others
...Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present: Mr. Gaurav Chopra, Advocate for the petitioner.
Mr. Rupam Aggarwal, DAG, Punjab Mr. Karan Gupta, Advocate for respondent No. 8
Mr. S.S. Sandhu, Advocate for respondent No. 9 Mr. J.S. Dhaliwal, Advocate for respondent No. 10 Mr. A.S. Virk, Advocate for Mr. P.S. Thiara, Advocate for respondent No. 11
Mr. Ajay Sood, Advocate for respondent No. 12
RITU BAHRI , J. (Oral)
The instant petition filed under Articles 226/227 of the Constitution of India is for issuance of a writ in the nature of mandamus for directing respondent Nos. 2 to 6 to deploy adequate security/police personnel at the godown/premises of the petitioner, for safeguarding the life, liberty and
Arora Gaurav 2014.04.02 15:45 I attest to the accuracy and integrity of this document
CWP No. 24902 of 2012 -2-
property of the petitioner from the unlawful activities of respondent No. 9 and further prayer has been made for declaring the agreement dated 06.04.2004 purportedly executed between respondent No.9 and respondent No. 8, 10 to 12 giving the former monopolistic and exclusive right to perform the work of porters/labourers in the premises/godowns run and operated by the contractors of respondent No. 8 and 10 to 12.
Respondent No. 8 has issued a notice invited tender for the construction of godowns of FCI storage requirements to be manager and supervised by respondent No. 8 for a guaranteed lease of 10 years on build, own and operate basis (lease + Preservation and maintenance) for a capacity of 25.72 lakhs MT for storage of food-grains (P-1). The petitioner gave his application for construction of godowns and a lease and services agreement was executed between petitioner and respondent No. 8 whereby the petitioner-firm was entrusted with the task of storing and stocking food grains for the duration of the agreement, for a period of 10 years. For completing the work, the petitioner-firm engaged labourers. Respondent No. 9 had approached the petitioner-firm not to employ those labourers. The petitioner-firm declined the request of respondent No. 9 and made representation dated 21.11.2012. It is at this stage, dispute arose with respondent No. 9 and submitted that on 23.11.2012, the members of respondent No. 9 came to the premises of the petitioner-firm and raised slogans and threatened the partners of the petitioner-firm with dire consequences, violence damage to the property and goods stored therein. Respondent No. 9 on the basis of agreement dated 06.04.2004 seeking exclusivity of deployment of its workers along in the godowns of respondent Arora Gaurav No. 8 and 10 to 12 for loading and unloading of material and goods grains
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CWP No. 24902 of 2012
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and for carrying the stocks from the Railway Station to the godown and back.
On notice, a short reply has been filed on behalf of respondent No. 8 clarifying that the alleged agreement dated 06.04.2004 was only a compromise which took place between different rival unions of labour for performing work and respondent No. 8 is not a party to the said compromise and this compromise was resolved as under:-
“(i) The work of all the contractors of the DFC, PUNSUP, Markfed, Punjab State Ware Housing Corporation and all other Agro Agencies from the godowns to the railway station shall be done by Galla Mazdoor Union. (ii) All the work of FCI from depots to the railway station will be performed by FCI Labour Union. (iii) The work of Centre Ware Housing Corporation will be carried out by Gall Mazdoor Union and FCI Labour Union jointly in ratio of 50%.”
The PUNGRAIN framed a policy for every year for allotment of work and the same is being allotted to various contractors after following proper procedure and executing the agreement as prescribed in the policy which is being issued from time to time. Agreement dated 27.12.2012 (R-1) was executed between respondent No. 8 and Sanjeev Chadha.
As regards the execution of the contract dated 06.04.2004 (P-9), since it is being clarified that it was a compromise resolving the dispute between different union.
Learned counsel for respondent No. 9 has informed the Court that the true copy of agreement dated 06.04.2004 (P-9) has not been placed on record rather it is a vernacular. However, he is not disputing the fact that PUNGRAIN has a right to enter into the agreement for allocation of work.
Arora Gaurav In view of the above, no further orders are required to be passed 2014.04.02 15:45 I attest to the accuracy and integrity of this document
CWP No. 24902 of 2012
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in the present writ petition.
Disposed of.
However, petitioner-firm is at liberty to approach the respondents for protecting life and liberty, in case of any threat, if so advised.
( RITU BAHRI) JUDGE
19.03.2014
G Arora
Arora Gaurav 2014.04.02 15:45 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether a writ of mandamus should be issued for security personnel deployment and declaration of exclusivity agreement.
1 provisions across 1 enactments
M/s Baba Naga Overseas
State of Punjab
Another R-2
Another R-3
Another R-4
Another R-5
Ritu Bahri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
