defendant as when it was exercising its
statutory power against their employer
terminated their employment contracts.
Headnote and Holding:
The court considered whether the suit was res
judicata. The court held that the principle of res
judicata does not apply were the suit has not
determined on its merits. Therefore the court
was satisfied that a suit rejected on preliminary
points of law does not mean dismissal which
bars a party from instituting new proceedings.
Accordingly the court dismissed the objection
and awarded costs to the plaintiff.
