HIMACHAL PRADESH STATE ELECTRICITY BOARD Vs. JAGAT RAM

JUDGEMENT

(1.) This is a revision petition under section 115 C P. C. It assails an ad -interim injunction granted by Sub -Judge 1st Class (II), Palampur (District Kangra) in civil suit No. 92 of 1990 on 16 June, 1990 which was affirmed by the learned Addl. District Judge (1) Kangra Division at Dharamshala on 29 October, 199 i in Civil Misc. Appeal No. 26 of 1990 (15 of 1991).

(2.) Respondent Jagat Ram instituted Civil Suit No. 390 of 1989 in which the HP SEB, its Executive Engineer, Electrical Division Lambagaon and the Sub -Divisional Officer, HP SEB, Electrical Sub -Division, Thural are the three defendants. The plaintiffs case is that he had been appointed as a Chowkidar at 330 K. V. Sub -Station, Thural and had worked as such for more than four years. He had completed 240 days of satisfactory service and was liable to be appointed to the post of Chowkidar on regular basis. The defendants, initially in March 1988 and later in December 1989 served the notice for retrenchment of his services. The first notice was assailed in Civil Suit No. 102 of 1988. (The notice was, however, withdrawn as stated in the written statement). The second notice dated 4 December, 1989 was served upon the plaintiff on 16 December, 1989 where after the present suit (390 of 1989) was filed.

(3.) Amongst the various assertions contained in the plaint it has been emphasised that the retrenchment of the plaintiff was void for non -compliance with the provisions of the Industrial Disputes Act, 1947 (hereafter, "the Act"). It has been characterised as mala fide. The relief sought is that : "It is, therefore, prayed that a decree for declaration to the effect that the plaintiff is entitled to continue in service as a Chowkidar after satisfactory and successful completion of 240 days continuous and uninterrupted service and that the order No. 236066/LK/SJ/ 88 -89 -8288 dated 4 -12 -1989 but actually served upon him on the afternoon of 16 -12 -1989 proposing therein to retrench the services of the plaintiff is illegal, mala fide, ultra vires and void with a consequential relief to restrain the defendants to enforce the operation of the impugned order after the expiry of notice period by issuing a prohibitory injunctive order till final disposal of the suit ; may kindly be passed in favour of the plaintiff and against the defendants ; Costs of the suit may also please be awarded in favour of the plaintiff; Such other relief as this Honble Court may deem fit, be given to the plaintiff in this behalf."