Certified Standing Orders of Basumati Corporation Ltd. do not permit transfer from Calcutta to Siliguri unit which is a separate department or establishment altogether.

1. IN these three appeals some common questions of fact and law do arise, for which they have been heard by analogously.

2. THE petitioners in the three writ applications impugned purported orders of transfer from our Calcutta to Siliguri and consequent release orders issued by the Managing Director, Basumati Corporation Ltd. The first writ application was filed by Nirmalendu Sekhar Karmakar and 13 others, the second by Sri Sekhar Sengupta and the third by Susmriti Das and 7 others. With the filing of the writ applications, the learned Single Judge passed an interim order for a limited period staying; the operation of the order of transfer in nirmalendu Sekhar Karmakar and 13 others, but made it clear that financial benefits as available to the writ petitioners would not be withheld and the same will be released from Calcutta without prejudice to the rights and contentions of both the parties. In Sekhar Sengupta's case it was ordered as an interim measure that he will work at Calcutta without prejudice to the rights and contentions of Basumati Corporation Ltd. for a certain period but if his joining duties disturbs industrial harmony or causes any indiscipline, the Basumati Corporation Ltd. will grant extraordinary leave to him. In Susmriti and others vs. Basumati Corporation Ltd. and others, the learned Single Judge directed both the sides to maintain status quo without prejudice to the rights and contentions of the parties which was extended later on. Ultimately with the filing of the affidavits, the trial Court vacated the interim orders but the appeal Court restored the same with a direction to hear out all the three matters expeditiously. By orders dated August 17, 1992 the writ applications of Nirmalendu sekhar Karmakar and 13 others and of Sekhar Sengupta were dismissed by the learned Single Judge. By order dated August 24, 1992 the writ application of Susmriti Das and others was also dismissed. The present three appeals are directed against the aforesaid orders of dismissal of the writ applications.

3. ON 29th July 1974 the West Bengal Legislature passed West Bengal Act XXXV of 1974 acquiring the undertaking of Basumati Private Ltd.

4. THE orders of transfer which do form the subject matter of challenge in the three writ applications are from Calcutta to Siliguri unit of Basumati Corporation Ltd. The writ petitioners who are the appellants before us contend that they are not at all transferable to Siliguri, which is a separate department or establishment altogether the certified Standing Orders of Basumati Corporation Ltd. do not permit such a transfer from Calcutta to Siliguri and siliguri establishment is altogether a new establishment. The Hon'ble information Minister of the State Government candidly assured that no journalist would be sent to Siliguri against his wishes and although options were invited in accordance with such an assurance, indiscriminate transfer orders have actually been issued irrespective of the consideration whether such an employee opted or not to go to Siliguri. The transfer orders were issued as a step in aid to close down the publication of Dainik Basumati from Calcutta. The transfer orders were malafide as most of the employees so transferred belonged to an Union affiliated to INTUC except only two individuals who although belonging to a Union affiliated to CITU, opposed the transfer scheme. It was contended by Mr. Saktinath Mukherjee, the learned Senior Advocate, appearing for the appellants that the transferability of an employee depended on the provisions of law governing the service conditions of the employee concerned. In case there is no express provision, the terms of contract of employment will regulate such a transfer. Even in respect of a Government servant, his transferability would depend upon the provisions of law and if the service rules do not permit such a transfer from one office to another, such a transfer would not be affected. It is precisely after the recital o