DULAL CHANDRA BARIK Vs. GENERAL MANAGER HOTEL OBEROI

JUDGEMENT

(1.) The petitioner No. 1 was employed as a driver in Hotel Oberoi, Bhubaneswar. Petitioner No. 2 is a Trade Union of the employees of Hotel Oberoi registered under the Trade Union Act. Petitioner No. 1 is a member of the petitioner No. 2 -Union.

(2.) THE petitioner No. 1 was placed under suspension by an order dated May 10, 1997 passed by the opp. party. On the same day i.e. May 10, 1997 the opp. party issued a charge -sheet alleging misconducts as enumerated under the Certified Standing Orders applicable to Hotel Oberoi, Bhubaneswar. On May 26, 1997 the petitioner No. 1 submitted his reply to the charge -sheet stating inter alia, that the certified Standing Orders of the Hotel were still not operative and as such the charge -sheet on the basis of the Certified Standing Orders was unauthorised, illegal and non - existent in the eye of law. The opp. party, however, reiterated that the Certified Standing Orders had already become applicable and that the charge -sheet was legal and in order. The opp. party also called upon the petitioners to submit show -cause against the misconducts mentioned in the charge -sheet.

(3.) THE petitioners filed a Misc. Case in the trial Court for an interim injunction. After a contested hearing the trial Court by judgment and order dated July 2, 1997 granted an interim order restraining the opp. party from taking further action against the petitioner No. 1 on the strength of the Certified Standing Orders till the disposal of appeal before the appellate authority under the Standing Orders Act or till the disposal of the suit, whichever is earlier. On July 3, 1997 the opp. party filed an application Under Section 151, Civil Procedure Code for modification of the interim order dated July 2, 1997. The said application Under Section 151, C.P.C. was rejected by the trial Court on July 2, 1997. The opp. Party moved this Court in its writ jurisdiction. Ihe writ applications tiled by the opp. party were dismissed inter alia on the ground that the trial Court order being appealable, it was open to the opp. party to file appeal.