BHARAT HOTELS LTD Vs. P MUTHU PANDEY

JUDGEMENT

(1.) THE appellants in these two appeals, who were respondents in WP No 28700 of 2003 and WP No 5791 of 2004, have challenged the legality and correctness of the common order passed by the learned Single Judge in those writ petitions on 14 -10 -2009.

(2.) THE facts leading to these appeals are that: The appellant in WA No 4226 of 2009 and second appellant in WA No 4226 of 2009 is a company incorporated under the provisions of Companies Act, 1956. The writ petitioners were employed in Hotel Ashok at Bangalore, a unit of India Tourism Development Corporation Ltd (ITDC). When they were working under ITDC, the hotel business of ITDC was given on lease basis for a period of 30 years under a leasecum - management agreement dated 29 -11 -2001. Pursuant to the lease, the appellants took over the management of the Hotel Ashok, Bangalore, including the ownership rights relating to the leased premises and other assets and liabilities of the Hotel Ashok. The writ petitioners became regular employees of the appellants. Their salary was being paid by the appellants.

(3.) SUBSEQUENTLY , writ petitioner P Muthu Pandy was transferred by order dated 10 -6 -2003 and similarly writ petitioner R Manjunath was transferred by order dated 9 - 1 -2004 from Bangalore unit to other units of the appellants. Challenging the said transfer orders, the writ petitioners filed WP No 28700 of 2003 and 5791 of 2004 respectively. The prayer in the writ petition filed by Muthu Pandy is to quash the transfer order dated 10 -6 -2003 and permit him to continue to work at Hotel Ashok in Bangalore and to direct the third respondent therein to provide employment by paying all salaries. The third respondent in the writ petition is the appellant in WA No 4226 of 2009 i.e. Bharat Hotels Ltd. Similarly, writ petitioner Manjunath filed the petition to quash the order of transfer and also to direct ITDC to consider his application for voluntary retirement.