COSMO FERRITES LIMITED AND ORS. Vs. RAJINDER SINGH

JUDGEMENT

(1.) This petition is instituted against the order dated 3.3.2015 rendered by the Additional District Judge-II, Solan in Civil Miscellaneous Appeal No. 7-FTC/14 of 2010.

(2.) "Key facts" necessary for the adjudication of this petition are that respondent-plaintiff (hereinafter referred to as the "plaintiff" for convenience sake) has filed a suit against the petitioners-defendants (hereinafter referred to as the "defendants" for convenience sake) under section 38 of Specific Relief Act for decree of permanent injunction restraining the defendants from transferring the plaintiff from Cosmo Ferrites Limited Jabli, Tehsil Kasauli, District Solan and also restraining the defendants from causing any obstruction in entering into the factory premises for attending his job, duty and putting any kind of illegal restriction by themselves through their agents, employees, workers etc.

(3.) The plaintiff has also moved an application under order 39 rule 1 and 2 read with section 151 of the Code of Civil Procedure. The application was contested by the defendants. Learned Civil Judge (Senior Division) allowed the application vide order dated 23.9.2010 whereby the transfer order dated 26.7.2010 was stayed and the defendants were directed not to restrain the plaintiff to come to his place of work. The defendants feeling aggrieved by the order dated 23.9.2010 filed an appeal before the learned Additional District Judge-II, Solan. He dismissed the same on 3.3.2015. Hence, the present petition.