HONOURABLE SMT JUSTICE T.MEENA KUMARI & HONOURABLE SRI JUSTICE B. CHANDRA KUMAR C.M.A. NO.653 OF 2010 DATE:24.8.2010. Between: M/S. ICIT Software Centre Pvt., Limited., Hyderabad rep., by its Direc …Appellant And: 1. ICIT Software Centre, rep., by its President Mr. S. Ramulu Naik others. …Respond This Court made the following: HONOURABLE SMT JUSTICE T.MEENAKUMARI & HONOURABLE SRI JUSTICE B. CHANDRA KUMAR C.M.A. NO:653 OF 2010 JUDGMENT: (Per Hon’ble Smt. Justice T. Meena Kumari) Aggrieved by order, dated 5.3.2010 passed in I.A.No.649 of 2009 in O.S.No.202 of 2009 by the II Additional District Judge, Ranga Reddy, the present appeal has been preferred. The appellant herein is the plaintiff and the respondents are the defendants before the Court below. Originally, the appellant-plaintiff filed the above suit against the defendants for the relief of permanent injunction restraining them from raising slogans against the Management; grouping infront of the gate stopping movement of vehicles of plaintiff and their drivers; shouting slogans wearing black badges obstructing the employees, customers of the plaintiff; conducting demonstrations, dharnas squatting on the road, causing obstruction for the ingress and egress of the vehicles within the vicinity of the suit schedule premises and at all the other places. Along with the suit, the plaintiff filed the above application under Order 39 Rules 1 and 2 r/w Section 151 C.P.C., seeking to grant temporary injunction restraining defendants 1 to 5 and their followers from raising slogans against the management, stopping movement of vehicles and conducting demonstrations and dharnas and causing obstruction for the ingress and egress of vehicles within the radius of 1000 metres from the suit schedule premises and at all other places, where the plaintiff got business operations. The Court below dismissed the above application. The Court below held that there is no evidence on record to the effect that the workers went on strike and they caused obstruction infringing the legal rights of the plaintiff-company and that the schedule property where the workers used to attend to their work of employment has already been shifted to some other premises at Jeedimetla and therefore, the petitioner is not entitled to the temporary injunction. Aggrieved by the same, the appellant-plaintiff filed the present appeal. Heard the learned Counsel and perused the material available on record. It is the case of the appellant-plaintiff that due to the recession in the market and on account of low volume of work, it has terminated 25 temporary employees in accordance with the terms and conditions of the employment and they were paid their dues and while so, the defendants along with some outsiders gathered at the factory on 12.3.2009 and struck work causing financial loss to the company and are threatening the management, and in spite of notices issued to restore normalcy, the defendants continued their strike and stopped the movement of men, machinery and material and having no other option, the company declared lock out and that under the guise of the strike, they may cause damage to the plant, machinery, property and valuable material lying inside the premises. There is no material on record about the conducting of dharnas by the union. The learned Counsel for the appellant-plaintiff relied on the notices issued by the management. The order under appeal goes to show that the said notices do not show that the workers were on strike. In this view of the matter and in the absence any material as to the alleged dharnas, we feel that there is no prima facie case in favour of the plaintiff. Therefore, we have no hesitation to hold that the order under appeal does not warrant any interference by this Court. Accordingly, the C.M.A. is dismissed. No order as to costs. However, the Court below is directed to dispose of the suit within a period of six months from the date of receipt of a copy of this order, without being influenced by any of the observations made in the I.A. and this C.M.A. _____________________ Justice T.Meena Ku _______________________ Justice B. Chandra Ku Date:24.08.2010 NN HONOURABLE SMT JUSTICE T.MEENAKUMARI & HONOURABLE SRI JUSTICE B. CHANDRA KUMAR C.M.A. NO:653 OF 2010 (Judgment delivered by the Hon’ble Smt. Justice T. Meena Kumari) DATE:24.8.2010.