SUSMRI DAS Vs. BASUMATI CORPORATION LTD

JUDGEMENT

(1.) IN these three appeals some common questions of fact and law do arise, for which they have been heard by analogously.

(2.) THE petitioners in the three writ applications impugned purported orders of transfer from our Calcutta to Siliguri and consequent release orders issued by the Managing Director, Basumati Corporation Ltd. The first writ application was filed by Nirmalendu Sekhar Karmakar and 13 others, the second by Sri Sekhar Sengupta and the third by Susmriti Das and 7 others. With the filing of the writ applications, the learned Single Judge passed an interim order for a limited period staying; the operation of the order of transfer in nirmalendu Sekhar Karmakar and 13 others, but made it clear that financial benefits as available to the writ petitioners would not be withheld and the same will be released from Calcutta without prejudice to the rights and contentions of both the parties. In Sekhar Sengupta's case it was ordered as an interim measure that he will work at Calcutta without prejudice to the rights and contentions of Basumati Corporation Ltd. for a certain period but if his joining duties disturbs industrial harmony or causes any indiscipline, the Basumati corporation Ltd. will grant extraordinary leave to him. In Susmriti and others vs. Basumati Corporation Ltd. and others, the learned Single Judge directed both the sides to maintain status quo without prejudice to the rights and contentions of the parties which was extended later on. Ultimately with the filing of the affidavits, the trial Court vacated the interim orders but the appeal Court restored the same with a direction to hear out all the three matters expeditiously.

(3.) BY orders dated August 17, 1992 the writ applications of Nirmalendu sekhar Karmakar and 13 others and of Sekhar Sengupta were dismissed by the learned Single Judge. By order dated August 24, 1992 the writ application of Susmriti Das and others was also dismissed. The present three appeals are directed against the aforesaid orders of dismissal of the writ applications.