PRAMOD KUMAR NAYAK Vs. NIRANJAN DAS

JUDGEMENT

(1.) THIS is a suit for permanent injunction. Plaintiff No.2 is a trade union registered under the Trade Union Act, 1926 whereas plaintiff No.1 is its Organizing Secretary. It is alleged that the defendant, who was elected president of plaintiff No.2 union in the elections held on 10 th-11th April, 1998 took retirement from FCI and then resigned from the post of President on health grounds sometime in the year 2001.

(2.) CS(OS) No.681/1999 was filed by plaintiff No.2 against one H.P. Singh, which was decreed vide judgment dated 30th March, 2006 directing holding of election under the supervision of a Court Commissioner. An appeal filed against the judgment dated 30th March, 2006 being RFA(OS) No.33/2006 was dismissed by a Division Bench of this Court on 15th December, 2006. The elections were directed to be held under the supervision of Hon'ble Ms. Justice Usha Mehra, a former Judge of this Court. An affidavit dated 28th April, 2008 was filed by the defendant before Hon'ble Ms. Justice Usha Mehra admitting therein that he had retired as an employee of the FCI and had also resigned from the post of the President. He further claimed that his signatures had been forged on the membership cards since he ceased to be the President of the Union in the year 2001.

(3.) VIDE an interim order dated 15th July, 2008, this Court restrained the defendant from collecting subscription money and issuing receipts and acting as the President of the plaintiff No.2 Union.