YOUNG MENS CHRISTIAN ASSOCIATION Vs. JOHN KENNEDY

JUDGEMENT

(1.) Heard the learned counsel for appellant and the learned counsel for the respondents.

(2.) This Miscellaneous First appeal is filed against allowing the application filed under Order 39 Rule 1 and 2 of CPC which is numbered as I.A.No.2 restraining the appellant herein from attending to his office work in the schedule premises and office of the Senior Associate Secretary pending disposal of the suit.

(3.) The factual matrix of case of the plaintiff before the Trial Court while seeking the relief of declaration that the letter and suspension order dtd. 25/4/2023 issued by the defendant Organization is null and void and not binding on the rights of the plaintiff and consequential relief of mandatory injunction. It is stated that he was joined the YMCA national council of the defendant on 20/11/1990 and worked extensively and after undergoing training in the defendant Organization training school in various parts of India. He was also appointed as Secretary based on the seniority and working experience in the year 1996. He joined in the defendant Organization in Bangalore, his previous seniority was fully taken into consideration and he was appointed as per the staff seniority practices in Bangalore YMCA. The plaintiff completed 25 years of extensive service in the position of the Secretary. It is also contended that he sought for the promotion to the post of General Secretary based on his seniority and work experience and the same was brought to notice of the office bearers or president of the defendant Organization and others, the same was not considered, but appointed junior Secretary in experience in service as General Secretary of the defendant Organization. Since he had brought up certain illegalities in the Board and in the manner in which certain immovable properties and schools came to be sold illegally by the board. When he brought out all these factors, he has been targeted by the defendant Organization, who are illegally suspended the plaintiff from the defendant Organization without seeking the approval of the Board of Directors and also without following the procedure established under bye laws.