ORDER

1. Leave granted.

2. This appeal has been preferred from an order of the Division Bench disposing of an appeal. The dispute between the parties arises out of an order promoting and transferring the respondent from Vadodara, Gujarat to the Delhi branch office of the appellants. The respondent was told that he would get a higher scale of pay and an additional pay which initially was Rs 200 and is now Rs 850.

3. The order was challenged by the respondent before the Labour Court on the ground that it was violative of Section 33-A of the Industrial Disputes Act, 1947. The Labour Court did not grant any interim stay of the transfer on the ground (1) that there was a provision for transfer from one place to another in the appointment letter; (2) that there was no change in the condition of service of the respondent. On the basis of a prima facie satisfaction that Section 33-A had not been violated, the application for interim relief was dismissed and the respondent's application was fixed for final disposal on 28-5-2005.

4. The respondent challenged the refusal of the Labour Court to grant any interim relief by way of an application under Article 226 of the Constitution before the High