K.C.AGRAWAL,C.J. - (1.) THIS revision (Civil Revision No. 407 of 1990) has been preferred against the order of the Additional District Judge, Nagaur dated 20 -9 -1990 passed in Civil Miscellaneous appeal No. 38 of 1989, arising out of Civil Miscellaneous case No. 26 of 1986.
(2.) SHYAM Sunder Joshi (Plaintiff non -petitioner in S.B. Civil Revision petition No. 407 of 1990) instituted a suit for permanent injunction restraining the original defendants nos. 1 to 5 (non -petitioner Nos. 2 to 6 in S.B. Civil revision petition No. 407 of 1990) from terminating him from the post of Rasayanshala Prabhari and Sahayak Chikitask on the allegations hat the plaintiff was employed by 'Jain Vishwa Bharti Society (for short 'the Society) in the aforesaid capacity on the monthaly salary of Rs. 400/ - and that he was covered by the Industrial Disputes Act as well as the Factories Act and there were no rules for termination of services the order terminating him on 10 -11 -1986 was invalid. Consequently he filed the suit along with an application Under Order XXXIX rules 1 and 2 of the Code of Civil Procudure praying that the defendents (non -petitioners 2 to 6 ) be restrained from terminating his service. The application for injunction was contested by the defendants 1 to 5 asserting that the non petitioner plaintiff had been transferred to 'Sewabhavi Ayurvedic Rasayanshala Trust' (for short' the Trust 8). Consequent, upon the transfer he ceased to be an employee of the defendants 1 to 5 and that he became an employee of the Trust with effect from 1 -11 -1984. Hence, no injunction could be issued against defendants 1 to 5.
(3.) ON the application the Trust thereafter filed an application for being impleaded as a party in the suit. Upon being impleaded, a reply to the injunction application was filed by the Trust that it was not a factory and, as such, it was not governed either by the Industrial Disputes Act or the Factories Act. It was asserted that the termination order was valid and was passed after due notice.;