The restraining order was upheld on Wednesday in response to a request by Domesick for a court hearing during which Cronin would present evidence of his charge. When Judge Julian asked yesterday what evidence had been presented, attorney Gahan floundered and then named only himself and his client as witnesses to the "criminal acts" allegedly committed by the picketers.

A motion by Domesick in the Massachusetts Supreme Judicial Court, requesting that the lower court decision be overturned, was denied on Friday.

Cronin's accusation of illegal picketing is based primarily on the fact that the waitresses are picketing for a larger wage increase than is allowed by the wage-price freeze.

Responding to the claim that the picketing is in violation of President Nixon's Phase II Economic Guidelines, Domesick's Friday petition to have the case removed from state to federal court was based on the Economic Stabilization Act of 1970.

Gahan must submit the written stipulation permitting peaceful picketing to the federal court by this morning.

Julian asked that Domesick and Gahan submit their statements and affidavits regarding the latter's petition to remand the case to state court by next Tuesday. Julian will then rule on the motion