Decided on January 06,2005

Jerro Scrap Nigam Ltd Appellant
B P Sharma Respondents


- (1.) ORDER this petition under Articles 226/227 of the Constitution of India, the petitioner challenges the order Annexure P-1 passed by the Industrial Court dated 28th June 2004 confirming the order Annexure P-2 dated 25-2-2004 passed by the Labour Court, Durg.
(2.) BRIEFLY stated the facts of the case are that the respondent No.1 B.P. Sharma is an employee of petitioner-company. He was transferred from Bhilai unit of petitioner's company to its Duburi unit in Orissa as per order dated 25-8-2003 Annexure P-3. It is stated that the respondent No. 1 was relieved on 26-8-2003 as per Annexure P-4. It is further stated that these orders were acknowledged by the respondent No. 1 and the acknowledgment is Annexure P-5. It is stated that the respondent No.1 filed an application on 26-8-2003 before the industrial Court for stay of transfer order in another promotion case. The Industrial Court granted interim relief on 27-8-2003 in that case and the said order was confirmed on 8-9-2003. It is stated that final order in that promotion case was passed on 5-11 -2003.
(3.) IT is pointed out by the learned counsel for the petitioner that the respondent No.1 filed an application under Section 31(3) read with Section 61 of C.G. Industrial Relations Act before the Labour Court. It is further stated that an application under Section 107 of the Act for stay of transfer was also filed before the Labour Court, Durg. The Labour Court rejected the application on 10-11-2003 as per Annexure P-8. This order Annexure P-8 was challenged by the respondent No.1 before the Industrial Court and the learned Industrial Court set aside the order of the Labour Court as per order dated 28-11 -2003 and granted stay till the disposal of the case and remanded the matter to the Labour Court to decide it within three months.;

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