- (1.) This Civil Revision Petition has been preferred against the appellate order dated 27.7.1995 passed by the learned District Judge, Sri Ganganagar dismissing civil Misc. Appeal No. 74/95 filed against the order dated 1.5.1995 passed by the Add1. Civil Judge (JD) No. 1, Sri Ganganagar in Civil Misc. Case No. 36/95 whereby the application for grant of temporary injunction filed by the employee-respondent was allowed.
(2.) Briefly stated. the facts giving rise to the present-petition are that the respondent, as plaintiff, brought a suit in the trial Court pleading that he passed higher secondary and thereafter received training of the Diesel Mechanic from the I.T.I. Jhunjhun and so he was appointed on probation for a period of two years on the post of D.G. Set Operator on 3.4.1992 with the petitioner defendant No. 1 in a regular Pay and he was given starting of Rs. 950/- p.m. in the aforesaid Pay Scale w.e.f. 9.9.1993 and, lastly, he was also confirmed in the same grade and on the same post and the petitioner-society also issued last seniority list of all the employee working in the aforesaid Pay Scale in token of his confirmation and continuance in the aforesaid regular Pay Scale. However, it has been pleaded that, due to irregular uncertain and insufficient supply of electricity power, the petitioner-society also suffered huge losses as was the case with similar sister industries and due to less production, the higher authorities of the board of the petitioner-society held the higher hierarchy of officers of the petitioner-society responsible for the loss incurred by the Society and being humiliated and embarrassed, the officers of the Society, in order to find out easy excuse and to victimize subordinates. with the high-handedness, also served a charge-sheet on 31.1.1995 on the plaintiff-respondent on baseless grounds. The respondent asked for certain documents before he could effectively answer the charges levelled against him and, inspite of his request, copies of the documents asked for were not supplied to him and, consequently, he did file his reply on 4.4.1995 and, consequently, vide his order dated 13.4.1995, the Appointing Authority who was working with the petitioner Society, vide his order dated 13/15.4.1995, ordered for his demotion from the post of D.G. Set Operator to the Lab. Assistant in the lower Pay Scale of Rs. 775-134-840-15- 1005-20-1025 amounting to his demotion from higher post to a lower post and the Pay Scale, as referred to above. Therefore, it was pleaded that since the impugned order passed by the Disciplinary Authority was illegal and void having been passed in clear contravention of the provisions of the Act and the Service Rules as well as the Industrial Employees (Standing Orders, 1946 (for short the Standing Orders) which were also applicable in the case of the petitioner and, consequently, the impugned order dated 13/15.4.1995 being so illegal and void, be set aside.
(3.) Besides, an application for grant of temporary injunction thereby operation of the impugned order dated 13/15.4.1997 was prayed to be stayed till disposal of the suit on the ground that, in the aforesaid circumstances, in case the impugned order is allowed to be sustained or continued during the pendency of the suit, it will result in great hardship and irreparable loss to the petitioner and that the balance of convenience was also in favour of the petitioner.;