JOT SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Subject-matter of challenge in this 0. A, is order dated 13-7-1994 whereby the applicant has been transferred from Raiwala Commander Works Engineer, (Hills), Pithoragarh.

(2.) The applicant, at the relevant time, was working as Electrician under Assistant Garrison Engineer, Railway. He was elected as Member of Works Committee of the Establishment Assistant Garrison Engineer (I) Railwala on 28-12-1992 for a period of two years vide Annexure 4. The applicant, was thereafter elected as Secretary of Works Committee on 14-1-1993. He was member of the Works Committee as well as Secretary of the Works Committee on 13-7-1994. the date on which he was transferred. The transfer has been challenged on the ground that the applicant was immune for transfer in terms of circular dated 30-4-1975 and 8-4-1980 issued by the Government of India, Ministry of Labour during the period, he was Member/Secretary of the Works Committee. The other ground on which the transfer has been challenged is that he could not have been transferred from one Seniority unit (Dehradun) to another seniority unit (Pithoragarh).

(3.) The respondents have resisted the claim of the applicant inter alia, en the ground that the applicant had been transferred for administrative reasons and that the Works Committee of which the applicant was Member had been dissolved with effect from 5-7-1994 and as such he was a not entitled to the benefit of instructions issued in 1947 and'(980 referred to in the O.A.