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2007 Supreme(Ori) 183

M.M.DAS
Dulal Chandra Barik – Appellant
Versus
P. R. S. Oberoi – Respondent


Advocates:
For Petitioner:M/s. J. Patnaik, T. K. Pattnaik, H. M. Dhal, A. A. Das, S. Das, R. Rath, K. C. Kanungo, P. K. Patnaik & S. S. Behera
For Opp.Parties:M/s. G. S. Rath, A. Mohapatra, S.K. Mishra (sole O.P.) Mr. N. K. Mishra
M/s. B. Pal, N. K. Misra & S. K. Mishra (O.P. No.1)

ORDER

M. M. DAS, J. : This Misc. Case has been filed under Order 39, Rule 2-A of the Code of Civil Procedure in Civil Revision No.246 of 1997 which was disposed of by this Court by judgment dated 7.5.1999. The allegation is made by the petitioners who were the petitioners in the Civil Revision is that the order passed by this Court on 7.10.1997 in the Civil Revision has been violated.

2. The factual back-ground of the case is that the peti¬tioner No.1 along with 43 other workmen were employees of M/s. Hotel Oberoi, Bhubaneswar. Due to alleged violent demonstration by the said workmen, the management of the said hotel suspended them pending disciplinary proceedings. Charge sheet was issued by the then Manager, the present O.P. No.4 to the said employees including the petitioner No.1. The petitioner No.1 and the em¬ployees union-petitioner No.2 filed T.S. No.138 of 1997 praying for a decree to declare that the charge sheet issued to the workmen on the basis of the certified standing Orders is illegal and void. Misc. Case No.195 of 1997 was filed by the petitioners for an interim order of injunction under Order 39, Rules 1 and 2 C.P.C. in the said suit. The learned Civil Judge (Junior




























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