BAJAJ AUTO LIMITED Vs. SANJAY SINGH RAYAL

JUDGEMENT

(1.) The instant intra court appeal is directed against the order of learned Single Judge dtd. 8/4/2026, in Writ Petition (M/S) No. 823 of 2026, Sanjay Singh Rayal and others vs. State of Uttarakhand and others. The said writ petition was filed by the respondents-workmen (non appellant no. 1 to 6) for the following reliefs:

(2.) The respondents-workmen are employees of the appellant-company and were posted at its plant SIDCUL, Pant Nagar. They were transferred to plant Waluz, Aurangabad, Maharashtra. Challenging the same, the writ petition was filed.

(3.) The learned Single Judge has entertained the writ petition and while inviting counter affidavit, the effect and operation of the transfer order dtd. 19/2/2026 has been stayed. One of the contention of the appellant before the learned Single Judge was that the order of transfer of the workmen cannot be subjected to challenge in writ jurisdiction as the appellant-company is a private entity and not State within the meaning of Article 12 of the Constitution nor was performing any public duty nor had failed to discharge any statutory duty. In support of the submission that the writ petition against the transfer order was not maintainable, reliance was placed on Division Bench Judgment of this Court in Special Appeal No. 29 of 2026, "Belrise Industries Limited vs. Badve Engineering Workers Union and others", decided on 12/2/2026 and the Apex Court judgment in "Cipla Ltd. vs. Jayakumar R. and another, (1999) 1 SCC 300". However, the learned Single Judge has not considered the question of maintainability, but has granted interim order, making the following observations: