JUDGMENT

Dr. Mukundakam Sharma, J. —

1. Leave granted.

2. By filing the present petition the appellant herein has challenged the legality of the judgment and order dated 09.09.2008 passed by the Division Bench of the Allahabad High Court allowing the Special Appeal filed by Respondent No.1 herein.

3. Respondent no. 1 - Jaswant Singh claims to be a workman of M/s Gangeshwar Limited, Deoband, now known as Triveni Engineering Industries Limited, which was Respondent No. 2 before the High Court and is the appellant herein. During the course of his employment, he was transferred to Ram Kola Chini Mill but as he did not join the place where he was transferred in pursuance of the said order, his services were terminated.

4. Being aggrieved by the order of termination of his services, he filed a writ petition in the Allahabad High Court contending inter alia that the Standing Orders contain no provision for the transfer of a workman from one sugar factory to another, and therefore, his transfer was against the law. Consequently, he contended that his services could not have been terminated for not joining at a place of transfer. In the writ petition filed, he challenged the transfer order