1.0 Heard learned advocate Mr. Mishra for the petitioners. Learned advocate states that the respondent - Gujarat State Electricity Corporation came into being on GEB being brought to an end. The learned advocate for the petitioners submitted that the 'Transfer Policy' is under challenge before the Industrial Tribunal, wherein, the Industrial Tribunal granted 'interim relief' and restrained the respondent - Corporation from transferring 'Class III' and 'Class IV' employees out of circle. This order granting interim relief was challenged by the respondent - Corporation by filing Special Civil Application No. 1319 of 2003 and Special Civil Application No. 1388 of 2003. These petitions were dismissed by learned Single Judge (Hon'ble Ms. Justice RM Doshit, as she then was) by order dated 17th September 2003. Against this order of dismissing the petitions, a Letters Patent Appeal is filed and as per the information available with the learned advocate for the petitioners, the same is admitted but no stay is granted against order granting interim relief. Meaning thereby, as on date, there is a valid interim relief operating against the Corporation and the Corporation is not supposed to pass any transfer order until that interim relief is vacated or modified by the competent Court.
2.0 The learned advocate for the petitioners states that, despite this legal position, the Corporation issued transfer orders from time to time and they were challenged by the concerned employees by filing various Special Civil Applications before this Court and the petitions are admitted and transfers are stayed. Still, however, the Corporation continues to go on issuing transfer orders and making the individual workman to approach this Court by filing Special Civil Application.
3.0 It is a settled legal position that once an interim relief is operating, it is the duty of the concerned party to honour that order and not to act in contravention of the order operating in law.
4.0 The learned advocate for the petitioners to serve an advance copy to one of the learned advocates, who normally appears for the respondent - Corporation.
5.0 The matter is kept at 2:30 p.m. today.
[ Ravi R. Tripathi, J. ] hiren Top