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1975 Supreme(All) 55

HARI SWARUP
Hammer Metal Karmchari Union – Appellant
Versus
Metal India Products – Respondent


Advocates Appeared:
K.P.Agarwal, V.K.Burman

JUDGMENT

HARI SWARUP, J.

1. This petition has been filed against the proceedings before the civil court initiated on the basis of a plaint. Respondent No. 1 filed suit No. 363 of 1971, in the court of Munsif, Hathras for the following relief:

"That the defendants being incapable and incompetent to espouse the cause and represent the workmen of the plaintiff's factory, a permanent injunction restraining them from espousing the cause of or representing the plaintiff's workmen be granted."

The plaintiff in the case is the employer and the defendants are the petitioners in this petition. During the pendency of the suit plaintiff moved an application for the grant of a temporary injunction in terms of the relief claimed in the suit. Trial Court granted the injunction and restrained the defendants from espousing the cause of the plaintiffs workmen or representing them before any tribunal or authority in any proceedings during the pendency of the suit. Defendants went up in appeal which was dismissed. Defendants then filed revision Section 115, C.P.C. which is still pending. Petitioners have filed the present petition mainly on the ground that the jurisdiction of the civil court to grant the









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