2000 ALL. L. J. 2899 ::2000 All CJ 1 706 ::(2000) 39 All LR 496 ::(2000) 2 All WC 1667 ::(2000) 2 ESC 1085 ::(2001) 2 SCT 271 ::(2001) 5 ServLR 34

Allahabad High Court

Hon'ble Judge(s): D. K. Seth , J

Civil P.C. (5 of 1908) , O.39 R.2(2)(b)— (as applicable in U.P.) - Injunction - Cannot be granted restraining employer from passing order of dismissal, removal or otherwise termination of service of or of taking charge from an employee. Specific Relief Act (47 of 1963) , S.14(1)(d), S.41(c)— An order of injunction cannot be granted restraining an employer from passing order of dismissal, removal or otherwise termination of service of or of taking charge from an employee under R. 2(2) of O. 39 no injunction could be granted staying the operation of an order of dismissal, removal or otherwise termination of service or of taking charge from an employee. In an injunction restraining the employer from passing termination, dismissal, removal, order is granted it would, in effect, in a round about method contravene the prohibition contained in cl. (b) of the proviso. In as much as when an order cannot be stayed even when it is passed, then there cannot be any scope of staying passing of such an order or restraining the authority from passing any such order. It would have the same effect. The intention of the legislature in incorporating the proviso is clear and unambiguous to the extent that Civil Court would not interfere with such matter having regard to S. 14(1)(d) read with S. 41(e) of the Specific Relief Act. It is in effect an in....