- (1.) PETITIONER Union filed the suit in the Court of learned Addl. , Munsif No. 4, Jaipur City, Jaipur and prayed therein that the orders dated November, 30, 1984 transferring the petitioners from the post of Assistant Inspector (Encroachment) quashed. Application under Order 39 Rules 1 and 2 read with Section 151, C. P. C. was submitted by the Union which was dismissed by the learned District Judge, vide order dated February 23, 1985.
(2.) THE case of the respondents is that the petitioners were appointed substantively on the post of Munshi in the year 1981 or so. All these employees were required subsequently to perform the duties of Assistant Inspector (Encroachment) on work charge basis. The grade and the scale of the Munshi and the Assistant Inspector (Encroachment) is the same. However, on November 9, 1982, again all the persons were asked to perform the duties of Munshi/l. D. C and to discontinue functioning as Assistant Inspector. It was submitted that the order dated November 9, 1982 was challegned by the members of the present Union before the Court. However, the writ petitions were dismissed. This Court held that the substantive appointment of the present petitioners was on the post of Munshi who were later on deputed to discharge the function of Assistant Inspectors. Subsequently, again the present petitioners were asked to perform the duties of Assistant Inspectors (Building ). However, vide order dated November 30, 1984, the present petitioners were asked to work as Munshi again. The contention of Mr. Mehta is that the present petitioners were never appointed on the post of Assistant Inspector but they were working against the post of Assistant Inspector.
(3.) ON the last date a query was made by the Court to the counsel for both the parties whether regular civil suit can be instituted by the Trade Union. Order 29, Rule 1, C. P. C. provides that the suit can be instituted by or against the Corporation and the pleadings will be signed and verified on behalf of the Corporation by the Secretary or by the Director or other principal officer of the Corporation who is able to depose the facts of the case.;