BANSHI LAL BHEEL Vs. BHARAT HOTELS LTD

JUDGEMENT

(1.) By this common judgment both the above writ petition and contempt petition are decided. The petitioner preferred writ petition before this Court basically challenging order dated 23.11.2010, Annex. 5 passed by the Civil Judge (Jr. Dn.), Udaipur City (North), Udaipur and order dated 29.1.2011 passed by Addl. District Judge No. 3, Udaipur in Appeal No. 01/2011 filed by the petitioners against order dated 23.11.2010 in Misc. Civil Case No. 152/2010, whereby, temporary injunction application filed by the plaintiff-petitioners under Order 39 Rule 1 & 2 C.P.C., read with Section 151, C.P.C. was rejected. So also, the petitioner has made a prayer for quashing transfer order dated 15.11.2007, Annex. 7.

(2.) Brief facts of the case are that all the petitioners are employees of the respondents and they were working on various posts with the respondent department. The case of the petitioners is that they are employees of the I.T.D.C. and as per clause 9.4 of Article 9 of the transfer-agreement that the respondents are under obligation to provide all service benefits which were ensured by them but the said benefits were not allowed, therefore, the petitioners preferred an application before the Joint Labour Commissioner, Udaipur for grant of promotion, elevation, merit increment, leave encashment, 50% DA and pay revision since 2002. In that connection, respondent No. 1 called the petitioners at New Delhi for talks and threatened them that either they take back their appeal/application otherwise they will be transferred from the present place of posting to other branches of the hotel. After coming from Delhi, the petitioners received a call from the General Manager to contact him. Upon meeting, they were again threatened by the General Manager that either they should take back their appeal/application otherwise they will be transferred.

(3.) Contention of the petitioners is that by order dated 15.11.2010 they were transferred and relieved and advised to report on duty at their respective places of transfer. In the circumstances, the petitioners filed a civil suit before the Civil Judge (Jr. Dn.), Udaipur City (North), Udaipur and along with the suit an application under Order 39 Rule 1 & 2, C.P.C. was also filed for temporary injunction. Learned trial Court, however, rejected the application filed by the petitioners under Order 39 Rules 1 & 2, C.P.C., in which, transfer order dated 15.11.2010 was challenged vide order dated 23.11.2010. Thereafter, an appeal was preferred against order dated 23.11.2010 and, in appeal, learned Addl. District Judge No. 3, Udaipur upheld the order passed by the Civil Judge (Jr. Dn.), Udaipur City (North), Udaipur dated 23.11.2010 and dismissed the appeal vide judgment dated 29.1.2011.