Uttarakhand High Court
Plant Head Tvs Srichakra Limited vs Kaushal Kishore Upadhyay on 13 June, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:4941
HIGH COURT OF UTTARAKHAND AT NAINITAL
HON'BLE SRI JUSTICE MANOJ KUMAR TIWARI
Writ Petition (M/S) No. 1665 of 2025
Plant Head TVS Srichakra Limited --Petitioner
Versus
Kaushal Kishore Upadhyay -Respondent
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Advocate : Mr. Pankaj Miglani, Advocate with Mr. Aakib Ahmed, Advocate
for the petitioner
Mr. Karmanya Pandey, Advocate with Mr. Himanshu Yadav,
Advocate for the caveator
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JUDGMENT
1. This writ petition has been filed by the employer,
challenging order of temporary injunction, passed by learned
Civil Judge (Senior Division), Rudrapur, District Udham Singh
Nagar in Original Suit No. 157 of 2025. By the said order, the
defendants to the Suit, their agents, servants etc. were
restrained from removing the plaintiff from service. Petitioner
(employer) challenged the said order in a Miscellaneous
Appeal. Learned Appellate Court, vide order dated 06.06.2025
issued notice on the said Appeal, fixing 05.07.2025. Thus
feeling aggrieved by aforesaid two orders, employer has filed
this writ petition.
2. Learned counsel for the petitioner refers to proviso to
Order 39 Rule 2(2) of CPC which was added by U.P. Act No.
104 of 1976, which reads as under:-
"Provided that no such injunction shall be granted-
(b) to stay the operation of an order for transfer,
suspension, reduction in rank, compulsory retirement,
dismissal, removal or otherwise termination of service of,
or taking charge from, any employee including any
employee of the Government, or"
3. He also relied upon the judgment rendered by Hon'ble
Supreme Court in the case of Apollo Tyres Limited Vs. C.P.
Sebastian, reported in (2009) 14 SCC 360. Para 8 and 10 of
2025:UHC:4941
the said judgment are reproduced below:
"8. On the facts of the case, we are clearly of the view that the suit
filed by the plaintiff was barred by Section 14(b) of the Specific Relief
Act, 1963 which states that a contract of personal service cannot be
enforced in a civil suit. In our opinion, if the plaintiff had any grievance
and if he is a workman as defined in the Industrial Disputes Act, 1947
he should have raised an industrial dispute and sought relief under the
Industrial Disputes Act, 1947 before the Labour Court or Industrial
Tribunal.
10. In our opinion, the reliefs claimed by the plaintiff were clearly
seeking enforcement of a contract of personal service and the civil
court has no jurisdiction to grant such reliefs as held by this Court
in Pearlite Liners (P) Ltd. v. Manorama Sirsi [(2004) 3 SCC 172 : 2004
SCC (L&S) 453] . The High Court and the first appellate court were
clearly in error in holding that the civil court had jurisdiction in the
matter and the trial court was right in holding that the civil court had
no jurisdiction and rightly dismissed the suit filed by the plaintiff."
4. Learned counsel for the respondent-plaintiff, however,
refers to Section 42 of Specific Relief Act, for contending that
the bar under Section 41(e) read with Section 14(b) of Specific
Relief Act, is not applicable, therefore learned Trial Court was
justified in passing the order of temporary injunction in favour
of the plaintiff.
5. This Court is not inclined to go into this question at this
stage, as the Appeal filed by petitioner is yet to be decided by
Appellate Court. The writ petition is, therefore, disposed with a
request to Appellate Court to hear and decide the Interim
Relief Application, filed along with the Appeal on the next date
fixed i.e. 05.07.2025.
6. This Court hopes and expects that Miscellaneous Appeal
filed by the appellant shall also be decided within three
months from date of production of certified copy of this order.
Till then, parties shall maintain status quo.
_______________________________
MANOJ KUMAR TIWARI, J.
Dt: 13.06.2025
Mahinder
MAHINDER SINGH
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c,
postalCode=263001, st=UTTARAKHAND,
serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BABA43D2B8F,
cn=MAHINDER SINGH
Date: 2025.06.14 12:19:37 +05'30'
