forcibly restraining from loading goods by truck union members/civil suit
Querist :
Anonymous
(Querist) 26 December 2010
This query is : Resolved
R/Members
I am doing work of transporation and having 10 trucks,some bad elements are creating problems for me by saying that they have formed a TRUCK UNION and now every truck owner is bound to do work under their banner of so called TRUCK UNION. They are giving threats to me,my drivers as well as to merchants of the city who used to get my services for transporation of their goods,i know as per law they cannot restrain me from doing my business independently,but i want to file a civil suit for permanent injuction against so called officials of truck union seekink a direction/order of the court to restrain union officials not to interfere and restrain me from doing my business independently as it is the fundamental right of every citizen,i donot want to move HIGH COURT rather i want to file a civil suit in District(Civil ) court,is it permissible,kindly help me,Regards n Thanks in advance
jayaselan j k
(Expert) 26 December 2010
sir,
very well u can file a civil suit for bare injunction and specifically for mandatory injunction for police protection as well. u can file it before respective court having jurisdiction. based upon that direction or on passing of decree, u can approach high court for implementation. this matter involving unions are not entertained by police or other officials. u pls approach civil court where u can exhaust ur remedy surely.
Kirti Kar Tripathi
(Expert) 27 December 2010
No law authorizes the union to indulge such type of activity. you can file civil suit for restraining it from acting in such way. My advise is first you make complaint to District and Police administration, In case, no action is take file a civil Suit. You can file a writ of mandamus against the district administration and police authorities to take necessary actions against the office bearers of the Union.
Querist :
Anonymous
(Querist) 27 December 2010
Thanks to all R/Experts
Gulshan Tanwar
(Expert) 27 December 2010
Also you can seek compensation from the State as Unions are also State as per Article 12 of the Indian Constitution.
