BALCO SHIKSHAN SAMITI Vs. BHAGIRATH SAO

JUDGEMENT

(1.) By this petition, the defendant No. 1 Balco Shiksban Samiti seeks review of order dated 2-4-1991 passed by this Court in M. A. No. 187/90 while disposing of the said appeal.

(2.) The relevant facts, giving rise to the above said miscellaneous appeal briefly stated, are as follows : The plaintiffs were employed as teachers in the institutions run by the defendent No. I/Society. The said institutions did not received any grant-in aid from the State Government. Apprehending termination of their employment, they instituted a suit against the Society in November 1989 claiming that in the facts and circumstances of the case their services deserved to be regularised and the defendant No. 1 Society was liable to be restrained from putting an end to their employment. In the said suit, they also made an application for grant of temporary injunction under Order 39, Rules 1 and 2, C. P. C. In view of the said application, the trial Court, at first, granted an ex-parte temporary injunction in favour of the plaintiffs on 27-11 1989 directing the defendant No. 1 Society to maintain the status quo until further orders. However, later on, the said Court, after hearing both the parties, vacated the said ex-parte temporary injunction vide its order dated 23-4-1990.

(3.) This Court, after hearing both the parties, vide its order dated 2-4-1991, passed in M. A. No. 187/90 allowed the said appeal and se taside the order dated 23-4-1090 passed by the trial Court. Instead, it allowed the application made by the plaintiffs for grant of temporary injunction under Order 39, Rules 1 and 2,.C. P. C. restrained the defendant No. 1 Society from putting and end to the employment of all the plaintiffs excepting twelve of them till the disposal of the suit by the trial Court. In respect of the said twelve plaintiffs, it directed that if within a period of one month from the date of the order any of them reports for duty to the Society, he/she shall be reinstated by it on his/her previous post w. e. f. the said date.