Rajendra Menon, J.

( 1. ) While hearing the present writ petition pertaining to transfer of a daily rated employee, the Writ Court found that the principles laid down by a Division Bench of this Court, in the case of Udai Singh Yadav Vs. Depot Manager, MPSRTC, 1994(2) MPWN pg. 50 SN 38, warrants reconsideration due to reasons indicated in the order-dated 23.7.2003 and, therefore, the following reference is made to this Bench. The questions requiring consideration as indicated by the learned Single Judge are:

"(i) Whether a daily rated employee, who is not governed by any service rules, can be transferred from one place to another? OR (ii) Whether his services are transferable? OR (iii) In case of transfer, what emoluments will be available to him and whether on this ground, he is entitled to any protection under the Rules?"

( 2. ) Facts, in brief, necessary for answering the aforesaid question indicates that the petitioner herein was employed in the M.P. Text Book Corporation, Bhopal as a daily rated employee. He was assigned duties in the Library as an Incharge and while so working it was found that he has acted in a manner unbecoming of an employee, in as much as he was foun