AVERY INDIA LIMITED Vs. PARESH GULABBHAI MEGHNATHI

JUDGEMENT

(1.) THE petitioner in this petition is a Public Limited Company and respondents are two of its employees. By this petition, the petitioner has challenged an order dated 16.6.2008 passed below Exh.2 in Application No. 4 of 2008 in Reference (LCAD) No. 8 of 2008 whereby the Labour Court, Ahmedabad has allowed the application Exh. 2 and the transfer orders passed by the petitioner company qua the two respondents of present petition have been stayed till the further orders or till disposal of the application.

(2.) THE facts giving rise to this petition are that the respondents are, as claimed by them, in the employment of the petitioner company since more than 10 years. The orders passed by the petitioner company transferring the two respondents from Ahmedabad to Jaipur are in the root of the controversy and dispute between the parties. At the time when the said transfer orders came to be passed in April 2008 certain demands raised by the Union were pending before the Labour court in form of a dispute referred by an order of Reference dated 18th January 2008. Upon service of the said transfer orders on 14.4.2008 the respondents approached the Labour Court by preferring an application being Complaint No. 4 of 2008 in the said Reference (LCAD) No. 8 of 2008. An ex parte order was passed by the Labour Court staying the operation of the subject transfer orders. Thereafter, the petitioner company filed its reply and opposed the complaint -application. After hearing the parties and upon taking into consideration the material available on record, the Labour Court passed the impugned order dated 16.6.2008. Aggrieved by the said order, the petitioner company has preferred the present petition.

(3.) MR . Patel appears for the petitioner company and Mr. D.G. Shukla appears for the respondents. I have heard Mr. Patel and Mr. Shukla extensively.