R.L. Anand, J. - (1.) THIS is a civil revision and has been directed against the order dated 16.11.2000 passed by Addl. District Judge, Nawansahar, who by affirming the order dated 9.2.2000 passed by Civil Judge (Jr. Division), Nawanshahr allowed the application of plain -tiff/respondent Baldev Singh Pabla under Order 39 Rules land 2 CPC.
(2.) SOME facts can be noticed in the following manner : - Plaintiff Baldev Singh Pabla filed a suit for declaration that he is the legally and validly appointed headmaster of J.S.F.H. Khalsa High School Nawanshahr. The suit was filed against the Managing Committee, J.S.F.H. Khalsa High School, Nawanshahr through its alleged president R.S. Chinna, Kewal Singh Bhangal, alleged Manager of the said school and the Sikh Education Board, through its alleged President R.S. Chinna. The plaintiff/respondent also prayed that a decree for permanent injunction be passed in his favour against the defendants from obstructing him in the performance of his duties as headmaster of the said school. The case set up by the plaintiff before the trial Court was that he was appointed headmaster of the school on 28.4.1992 and his appointment was duly approved by DPI Schools. Ever since his appointment he is performing his duties honestly, diligently and with keen sense of duty. The defendants/petitioners claim themselves to be a rival Sikh Education Board and a rival Managing Committee and proclaimed that they have suspended the plaintiff from the post of headmaster of school by means of alleged resolution dated 12.11.1999. The said resolution is illegal, inoperative and does not bind the plaintiff who is not an employee of any such managing committee or board. Rather he is an employee of Sikh Education Board and Managing Committee headed by Kartar Singh Seikhon. It is further alleged by the plaintiff that all the appointments of the employees during the period 1993 up to date have been made by the Managing Committee headed by Kartar Singh Seikhon. The alleged decision dated 12.11.1999 taken by the defendants is illegal, void and is not binding upon him as the defendant -Committee was never legally appointed. The defendants are bent upon in interfering in the discharge of duties of the plaintiff. Hence the suit. Along with the suit the plaintiff filed the application under Order 39 Rules 1 and 2 CPC praying that till the pendency of the suit the defendant be restrained from interfering in the performance of his duties as headmaster of the school.
(3.) NOTICE of the suit as well as application was given to the defendants, who filed the reply and certain objections were taken such as that the application under Order 39 Rules 1 and 2 CPC is bad for non -joinder of necessary parties. The State of Punjab has not been made as a party in the application. According to the defendants the plaintiff was placed under suspension vide resolution of the Managing Committee dated 22.11.1999 pending disciplinary inquiry. The plaintiff has no locus standi to file the application. The suit as well as application of the plaintiff are also barred by jurisdiction and the Punjab State School Tribunal has the jurisdiction to decide the controversy. According to the defendants, the Managing Committee/Board is headed by R.S. Chinna who is duly elected and appointed Chairman of the Committee/Board. Many irregularities have been committed by the plaintiff and, therefore, the Committee has the right to suspend the plaintiff.;