SUBHASH CHAND Vs. RAJINDER THAKUR & OTHERS

JUDGEMENT

(1.) The present petition is maintained by the petitioner/plaintiff (hereinafter referred to as 'the petitioner') against the order of learned District Judge, Bilaspur, H.P. passed in Civil Miscellaneous Appeal No. 1/14 of 2016, dated 25.04.2016, whereby the order passed by the learned Civil Judge (Junior Division) Bilaspur, H.P. in CMA No. 67/6 of 2015, dated 02.01.2016, was set aside.

(2.) Briefly stating the facts giving rise to the present petition are that petitioner maintained a suit in the Court of first instance seeking permanent prohibitory injunction against the respondents/defendants (hereinafter referred to as 'the respondents'). The petitioner also maintained an application under Order 39, Rules 1 and 2 read with Section 151 CPC and the learned Civil Judge (Junior Division) Bilaspur, H.P. vide order dated 02.01.2016, restrained the respondents from interfering, transferring and changing the nature of job of the petitioner from his primary job, i.e., Operator of Hydra Crane and Fork Life for which he was trained and appointed till disposal of the main suit.

(3.) The respondents, by way of filing reply to the application, raised preliminary objections qua maintainability, locus standi, estoppel, jurisdiction etc. On merits it was averred by the respondents that respondent No. 1 is not inimical towards the petitioner. As per the respondents, the petitioner started working as Mazdoor in Grade-E w.e.f. 14.02.1994 and Clause-7 of appointment letter provides "it is understood and agreed that you are liable to be transferred to work in any of our works including quarries, departments or offices managed by this company or subsidiary company. If you are transferred permanently to and of the company's other units, your remuneration will be governed by the terms and conditions obtaining at that unit". The respondents have further averred that the petitioner was promoted as Machinery Attendant w.e.f. 01.01.2008 and as an Operator w.e.f. 01.04.2009 and was shifted from kiln department to motor vehicle department and he was subsequently transferred therefrom to mining department on 21.03.2014. The petitioner himself declined to undergo training in dumper operation and was willing to operate Hydra Crane only. As per the respondents, the petitioner was then shifted to crusher section for operating stacker/crusher and was to undergo training, but he again refused. The petitioner did not perform his duties and remained idle; hence he was chargesheeted on 18.02.2015. The petitioner is medically fit and as per the terms and conditions of appointment, any employee of the company can be transferred anywhere in the company.