VIDYA VIKAS KELAVANI TRUST Vs. GHANSHYAMBHAI MARGHABHAI PATEL

JUDGEMENT

(1.) The petitioners are original defendants Nos. 1 to 4 Petitioner No. 1 is a Trust and other petitioners are its Trustees. Respondent No. 1 is the original plaintiff He is a primary teacher. Since he is also a trustee of petitioner No. 1-Trust he has been added as original defendant No. 5 (Respondent No. 2 in this petition) to avoid legal technicalities.

(2.) There is no dispute that plaintiff-respondent No. 1 is primary Trust appears to have given show-cause notice date 1-12-1982 for holding departmental inquiry against the plaintiff-respondent no. 1 for the delinquencies alleged against him in the said notice with which we are not concerned at this stage.

(3.) Having received the show-cause notice respondent No. 1 rushed to the Court and filed a suit being Civil Suit No. 16 of 1983 in the Court of the learned Second Joint Civil Judge Senior Division Baroda and obtained interim order of status quo against his intended dismissal. It also appears that during the said period nine other primary teachers all filed their respective suits in the said Court against the petitioner Trust and they also obtained same interim orders on application Ex. 5 The learned trial Judge grouped all the 10 civil suits and heard application Ex. 5 and confirmed the ad interim relief granted by him after hearing both the parties. The learned trial Judge has given his detailed judgment an 30 1983 (EX. A to the petition).