C.W.P. No.16932 of 2011 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.16932 of 2011 Date of Decision.09.09.2011 Mohan Lal son of Krishan Pal r/o VPO Dhandowal, Tehsil Shahkot, District Jalandhar .....Petitioner Versus State of Punjab through Principal Secretary Home, Punjab Civil Secretariat, Chandigarh and others .....Respondents Present: Mr. Kushaldeep S. Sandhu, Advocate for the petitioner. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the Reporters or not ? No 3. Whether the judgment should be reported in the Digest? No -.- K. KANNAN J.(ORAL) 1. Notice of motion. 2. At the asking of Court, Mr. G.S. Attariwala, Addl. A.G., Punjab accepts notice on behalf of respondent Nos.1 to 4. Learned counsel for the petitioner will supply four copies of the writ petition to the counsel for the State. 3. Having regard to the nature of order that I intend passing, there is no necessity to seek for any reply from the State. The petitioner's grievance is that the 5th respondent-Truck Union is restraining the petitioner for doing his trade by the only fact that he is not a member of the Union. The right to form a Union, which is a fundamental right, includes a right not to be a member of the Union. The petitioner shall not come to any harm by his not being associated with the 5th respondent-Union. If the petitioner encounters any C.W.P. No.16932 of 2011 -2- harassment, the petitioner shall be at liberty to approach respondent Nos.3 and 4, who will give appropriate protection and if there is any criminal offence of extortion, injury or intentional harm made out against any office-bearer of the Union, the same shall be registered and appropriate action shall be taken in accordance with law. 4. It is also stated by the petitioner that the truck of the petitioner has been confiscated by the 5th respondent. The respondents No.3 and 4 will look into the complaint and secure appropriate redressal in accordance with law. 5. The writ petition is disposed of in the above direction. 6. Copy of the order be given dasti on payment of usual charges. (K. KANNAN) JUDGE September 09, 2011 Pankaj*