PARESH GULABBHAI MEGHNATHI Vs. AVERY INDIA LIMITED

JUDGEMENT

(1.) THE appellants challenge the judgment and order dated 17-18th July, 2008 passed in Special Civil Application No. 9258 of 2008 by this Letters Patent Appeal. The said petition was preferred by the respondent herein to challenge the order dated 16th June, 2008, of the Labour Court, Ahmedabad, passed below Ex. 2 in Complaint No. 4 of 2008 in Reference (LCAD) No. 8 of 2008, whereby the transfer of the appellants from Ahmedabad to Jaipur came to be stayed till further orders or till final disposal of the said complaint.

(2.) THE facts of the case, in brief, are that the appellants are the employees of the respondent-Company, working with the respondent-Company for nearly ten years. They are the office bearers of the Union and by virtue of an order passed in April 2008, they came to be transferred from Ahmedabad to Jaipur, which two stations fall in different areas constituted by the Company for its administrative purposes. It was the case of the appellants that the Union had raised a Charter of Demand and the matter was pending by way of a dispute referred to the Labour Court since January 2008.

(3.) WE have heard learned advocate Mr. Shukla for the appellants and learned Senior Advocate Mr. K. M. Patel appearing with Mr. J. M. Patel for the respondent, on Caveat.