H BEVIS AND CO Vs. RAM BEHARI

JUDGEMENT

(1.) This is a plaintiff's appeal against an order refusing an injunction.

(2.) The plaintiff is a firm dealing in tents and brushes, etc., for which it has to employ a large body of workmen and labourers. The defendants are the representatives of those workers in the employ of the plaintiff concern. There was a dispute between the parties with regard to the defendants' right to receive from the plaintiff certain sums, and the U. P. Governor, on 25-2-1947, referred the same under Rule 81, Defence of India Rules for adjudication to a particular officer of the Government. This officer made an award on 16-5-1947, that the plaintiff firm should pay roughly Rs. 40,000 as bonus to the workers in its employ. The plaintiff objected to this award and filed a Suit No. 73 of 1947 in the Court of the Civil Judge, Kanpur to obtain its cancellation. In this suit, the plaintiff made an application praying for a temporary injunction restraining the defendants from recovering the amount under the aforesaid award.

(3.) The Court below passed a very short order on this application in the following words :