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1970 Supreme(MP) 17

BISHAMBHAR DAYAL, SURAJ BHAN GROVER
P. G. Paul – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: R. K. Verma
For Respondents/Defendant:K. K Dubey, Govt. Advocate for Respondents No. 1

ORDER

Bishambhar Dayal, C. J.

This is a writ petition by P. G. Paul, Supervisor (Technical), Grade 'A' who was at the relevant time engaged in the Gun Carriage Factory at Jabalpur. He was served with an order of transfer from this factory to another factory at Nagpur. He filed an application before the Labour Court challenging the order of transfer on grounds of mala fides, and also applied for an interim order staying his transfer in the meanwhile. The Labour Court passed an order under section 107 of the M. P. Industrial Relations Act, 1980. This section authorizes the Industrial Court or a Labour Court to pass such interim orders including a prohibitory order or a stay order as it may consider just and proper. The Labour Court passed the stay order on two grounds. In the first place it was said that the application was based upon an allegation that Shri B. S. Tiwari, Deputy Manager of the Factory at Jabalpur, was annoyed with the applicant and, therefore, the order was mala fide; and the second ground was that the applicant had filed two other eases against the management and he would be prejudiced in prosecuting those eases if he is transferred. On these grounds the Labour Court





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