(1.) THE defendants have filed this appeal under Order XLIII, rule 1 (r) of the Code of Civil Procedure, against the order of the Additional district Judge, Ambikapur, dated 10th March 1969, making absolute the' ad interim temporary injunction granted ex parte by him on 22nd February 1969 under Order XXXIX, rule 1 of the Code.
(2.) SHORTLY stated, the facts are that the workers of the North Chirimiri colliery, owned by the plaintiff-company, went on strike in order to support their demand for wages as per the Coal Wage Board Award. The Madhya pradesh Colliery Worker's Federation, which is a registered trade union under the Trade Unions Act, 1926, through its North Chirimiry Colliery branch, which is the recognised union of workers and the office bearers thereof, have been espousing the cause of the workers, by organising meetings before the union office and elsewhere, taking out processions on the public roads and the residential colony of the colliery and holding demonstrations in connection therewith. The plaintiff-company, in the meanwhile, instituted the present suit for grant of a perpetual injunction. The defendants 1 to 18 arc the trade union, its branch and the office bearers of the union. The plaintiff alleges that the entire working in the mines has been paralysed by the violent demonstrations held by the union, the threatening of the workers and members of the staff and by acts of criminal trespass, intimidation and violence on the part of the union officials, both at the colliery office and at the Chirimiri railway siding and also within the residential area. It is alleged that 200/300 persons from outside the colliery area have been marching and parading the. roads and the residential colony armed with lathis raising slogans and threats against the management with a view to terrorise it and the workers. The plaintiff accordingly filed the suit for protection of its legal rights by the grant of a perpetual injunction and pendente lite applied for a temporary injunction under Order XXXIX, rule 1 of the Civil Procedure Code for the prevention of such criminal activities on the part of the union and its office bearers. Some of the office bearers, i. e. defendants 4,6,7,8,11,12,14 and 15 are either not employed in the mines or are dismissed employees.
(3.) THE injunction granted by the learned Judge is in the following terms:-