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Clean Clothes Campaign

Text Box: CASE CLOSED

Bellow is the injunction order that was pronounced by the Honorable City Civil Court against GATWU, CIVIDEP and others.

 

Copy of the Original Order <1.5 Mb>

Dutch Version of the order <106 kb>

 

On Feb 19th 2007 the City Civil Court , After a seven month court trial and after examining all the documents and allegations confirmed the order it had previously passed. Without prejudice few lines from the court order are extracted bellow.

 

Plaintiff -  FFI & JKPL

Defendants -  GATWU , CIVIDEP , NTUI , Munnade , Jayaram , Mohan Mani ,   KP Gopinath , CCC task force .

 

PAGE 13  -   “……..  Though the defendants counsel contends that no order as sought can be given in favour of the plaintiff , have in their written statement admitted that it had forwarded the reports of the right of violations of the workers rights in the plaintiff company . Nodoubt any trade union has got right to discuss or protest if any problem in any industrial organisation exists. But in the instant case first of all none of the office bearers of the defendants are the workers or the employees of the plaintiff company. The defendants are not the recognised trade union of the plaintiff company. so when workers have not complained to the defendants about the working conditions in the plaintiff company, the defendants cannot indulge in publishing articles in websites and magazines without any basis ……..”

 

PAGE 14 -  “…….This clearly shows the malafide intention of not only the defendants who are giving false information to some organisations in Netherlands who are publishing it without cross checking or verifying the truth for the reasons best known to them . No doubt every person in our country has got freedom of speech and expression, but in the guise of exposing corrupt practices no person or persons representing any organizations can make statements per se defamatory. Freedom of speech and expression are not unfettered to allow defamatory statements or injuring the reputations of any organisation. It is relevant to note that though none of the defendants are recognised unions with the plaintiff company, the plaintiff has allowed a team led by one Shakun to meet them and respond . The plaintiff have also placed a copy of the report of the labour commissioner , government of Karnataka initiated on the article of the clean clothes campaign which discloses about the good working conditions in the plaintiff company and the allegation being false . The defendants have not placed any material that substantiates their arguments. There is sufficient material before the court to support the version of the plaintiff. This being the case I am of the opinion that the version of the plaintiff is not false or vexatious and there are serious questions to be tried. I therefore hold that the plaintiff has made out a prima-facie case ……. “

 

PAGE 16 – “…..As held earlier none of the defendants union have got required number of workers or employees of the plaintiff company as their members. No complaint is lodged against the company by any worker of the company. On the allegations of the defendants the Labour Commissioner, Govt of Karnataka has enquired into the matter and found that the allegations made against the plaintiff is false and baseless……”

 

MORE DOCUMENTS TO COME AS THEY GET DECLASSIFIED !