DULAL CHANDRA BARIK Vs. P.R.S.OBEROI

JUDGEMENT

(1.) THIS Misc. Case has been filed under Order 39, Rule 2 -A of the Code of Civil Procedure in Civil Revision No.246 of 1997 which was disposed of by this Court by judgment dated 7.5.1999. The allegation is made by the petitioners who were the petitioners in the Civil Revision is that the order passed by this Court on 7.10.1997 in the Civil Revision has been violated.

(2.) THE factual back -ground of the case is that the petitioner No.1 along with 43 other workmen were employees of M/s. Hotel Oberoi, Bhubaneswar. Due to alleged violent demonstration by the said workmen, the management of the said hotel suspended them pending disciplinary proceedings. Charge sheet was issued by the then Manager, the present O.P. No.4 to the said employees including the petitioner No.1. The petitioner No.1 and the employees union -petitioner No.2 filed T.S. No.138 of 1997 praying for a decree to declare that the charge sheet issued to the workmen on the basis of the certified standing Orders is illegal and void. Misc. Case No.195 of 1997 was filed by the petitioners for an interim order of injunction under Order 39, Rules 1 and 2 C.P.C. in the said suit. The learned Civil Judge (Junior Division), Bhubaneswar before whom the said suit was pending, passed an order of interim injunction on 2.7.1997 allowing the said Misc. Case No.195 of 1997 and directing that the opp.parties in the said Misc. Case were restrained to take further action against the petitioner No.1 on the basis of the Certified Standing Orders dated 18.10.1996 during the pendency of the suit. being aggrieved, the then General Manager who was the defendant in the suit preferred Misc. Appeal No.88 of 1997 before the learned District Judge, Khurda, Bhubaneswar against the interim order of injunction passed by the learned trial Court. By judgment dated 13.10.1997, the learned District Judge holding that the suit filed by the plaintiffs is not maintainable as well as the plaintiffs -respondents in the said appeal do not have a prima facie case and there is no question of irreparable injury being caused to them/him, allowed the appeal and vacated the order of interim injunction passed by the learned trial Court.

(3.) WHEN the said revision was taken up for hearing on the question of admission on 7.10. 1997 by this Court, the following orders were passed on the interim application registered as Misc. Case No.314/1997. "As an interim measure, it is directed that the operation of the order dated 4.10.1997 passed in Misc. Appeal No.88 of 1997 shall remain stayed. The matter may be listed on 27.10.1997." Sd/ - P.K. Misra, J. (Vacation Judge) The General Manager, Hotel Oberoi was the only opp.party in the Civil Revision No.246 of 1997. However, in the present Misc. Case No.51 of 1998, the petitioners while impleading the said General Manager by name as opp.party No.2, have also impleaded on Shri P.R.S. Oberoi, Vice Chairman -cum -M.D. East India Hotels Limited and one Mr. Zafrulla Khan, Manager H.R.D. Hotel Oberoi as opp.parties 1 and 3 respectively.