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Miscellaneous Application loo. 97 of 1972, decided on 22nd June 1972.
S. 34-CIVIL Procedure Code (V of 1908), O. XXXIX, rr. 1 & 2 read with Injunc tion, temporary-Injunction sought on vague and unspecific allega tion---No instance of victimization of any office-bearer cited-No cause of action for grant of Injunction, held, exists in circumstances.
Wasi Ahmad for Applicant.
Khalid Jamil for Respondent.
In this applica tion under Order XXXIX, miles 1 and 2, C. P. C., the applicant. Union seeks ad Interim Injunction restraining 'the respondents from victimizing the office-bearers of the applicant-Union in any manger including dismissal, discharge, retrenchment or termina tion of the services.
The case of the applicant-Union is that they had submitted a Charter of Demands to the respondents. The latter have started harassing the office-bearers of the Union thereafter. They have threatened the office-bearers with dire consequences and ouster from service. Consequently, the office-bearers of the Union apprehend victimization on the part of the respondents and have moved this application alongwith application under section 34 of of the I.R.O., 1969. The respondents have vehemently denied the allegations. They state that they-have not victimized any office bearer of he Union nor they intend doing so. Therefore, according to them; there is no cause of action for the making of the present application.
As appears from .the application, the applicant-Union hay, sought ad interim Injunction op vague and unspecific allegations. No instance of victimization of any office bearer has been cited in the affidavit accompanying the application. Consequently, for the present there appears to be no cause of action for the grant of relief which the applicant-Union have sought. There fore, there is no ground at present for the grant of ad interim injunction as prayed. However, the respondents will not proceed against any office-bearer except as provided by law.
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