S.C. Ghose, J. - (1.) This is an application made by the Defendants excepting the Defendants Nos. 6, 46, 55, 74, 75, 76, 77/ 86, 88, 95 and 96 in this suit for, inter alia, an order of injunction restraining the Plaintiff, its officers, servants and agents from giving any effect or any further effects to the two notices both dated March 31, 1969, or from in any way acting upon the said notices or enforcing the same. This application has been made in the suit filed by the Plaintiff. The suit was filed by the Plaintiff, inter alia, for an injunction restraining the Defendants from committing acts of nuisances alleged in the plaint at the Plaintiff's office at No. 13 Camac Street, Calcutta (in protest against alleged acts of victimization by the Plaintiff by transferring the Defendants Nos. 1 to 4 to Rourkela). The Defendants Nos. 1 to 4 are the office -bearers of the union of the employees of the Plaintiff. After instituting the suit the Plaintiff made an application for an order of temporary injunction restraining the Defendants in the suit from committing the acts of trespasses and nuisances mentioned in the said petition. Upon the said application on or about February 11, 1969, an ex parte order was made restraining the Defendants from watching and besetting or causing or procuring for watching and besetting the entrances or approaches of the said building or the said office or preventing the employees, the managerial staff and the customers of the Plaintiff from approaching or entering the said office of the said building or to prevent them from working therein or intimidating or coercing the employees, the managerial staff and the customers of the Plaintiff or obstructing the entrances and approaches of the said office and the said building or interfering with the use and the enjoyment of the said office by the Plaintiff or forming or causing to form unlawful assemblies in front of the office or the said building or holding or causing demonstration except 25 yards away from the entrance of the said office.
(2.) On the returnable date of the said motion the said ex parte ad interim order passed by me on February 11, 1969, was modified as follows: There will be an ad interim order of injunction restraining the Plaintiff -Petitioner from giving any effect to the orders of transfer in respect of Respondents Nos. 1, 2, 3 & 4 till the disposal of this application. There will also be an ad interim order of injunction restrain -in the Plaintiff -Petitioner from taking or initiating or continuing any disciplinary proceedings as against any of the Respondents till the disposal of this application. The Plaintiff -Petitioner is also restrained from taking any step on the ground of any of the Respondents absenting themselves from the office on the date of hearing or on the adjourned date of hearing of this application. A/O by 3rd March, A/R 13th March and the motion to appear in the list on the 17th March 1969. Leave given to send notice by registered post. Leave is also given to file further affidavit of service in respect of the Respondents who have not attended the Court to -day.
(3.) At the final hearing of the said application on March 18, 1969, I passed the following order: Save as hereinafter ordered, the ad interim order is made absolute. Ad interim order of injunction restraining the Plaintiff -Petitioner from giving any effect to the orders of transfer in respect of Respondents 1 to 4 shall continue for 3 months from date in order to enable Mr. Chatterjee's clients as also the Petitioner to take recourse to other proceedings including proceedings before the conciliation officer or under the Industrial Disputes Act. Liberty is given to Mr. Chatterjee's clients to mention this part of the order prior to the expiration of 3 months or after the expiration of 3 months. The order of injunction restraining the Plaintiff -Petitioner from taking or initiating or continuing any disciplinary proceedings as against any of the Respondents meaning disciplinary proceedings in respect of the matters as mentioned in the petition and affidavits in this application. This order is made without prejudice to the rights and contentions of either the Petitioner or any of the Respondents to take any steps under the general law or Industrial Disputes Act that he or they may be advised. Costs costs in the cause.;