Mushtaq Ahmad, J. - (1.) This is a plaintiff's appeal against an order refusing an injunction.
(2.) The plaintiff is a firm dealing in tents and brushes, etc., for which it has to employ a large body of workmen and labourers. The defendants are the representatives of those workers in the employ of the plaintiff concern. There was a dispute between the parties with regard to the defendants' right to receive from the plaintiff certain sums, and the U. P. Governor, on 25-2-1947, referred the same under Rule 81, Defence of India Rules for adjudication to a particular officer of the Government. This officer made an award on 16-5-1947, that the plaintiff firm should pay roughly Rs. 40,000 as bonus to the workers in its employ. The plaintiff objected to this award and filed a Suit No. 73 of 1947 in the Court of the Civil Judge, Kanpur to obtain its cancellation. In this suit, the plaintiff made an application praying for a temporary injunction restraining the defendants from recovering the amount under the aforesaid award.
(3.) The Court below passed a very short order on this application in the following words : "Civil Court vacation is near at hand. In this case intricate questions of law are involved and I cannot issue even ex parte injunction off hand. Both the parties are to be heard on the date to be fixed for hearing of injunction application. The applicant wants an injunction against the Government's award. Order Rejected".;