( 1 ) THE brief facts leading to this case are that the petitioner as the management appointed amongst others, the 2nd respondent on 12-9-1996 as and when he was also a member of the 1st respondent-Union. There was a strike and in that connection there was an agreement with the Union and consequently the Union called off the strike and the workers entered into a memorandum of understanding and agreed to restore normalcy and co-operation to the Management. Similarly, the management also agreed to negotiate with the Union their charter of demands and both the parties strove hard to arrive at a mutual understanding, etc. Thereafter, the management transferred 22 employees to various places. The Government was pleased to refer the said dispute to the Industrial Tribunal as per Annexure-A which reads: When this matter was pending adjudication before the Tribunal, the petitioner issued an order of transfer insofar as the 2nd respondent to gulbarga on the ground that one Miss. Savita A. Jolekar who was working in Gulbarga resigned from the post and consequently she was transferred. Respondents 1 and 2 filed application before the Industrial tribunal under Order 39, Rul