- (1.) This petition for transfer has been filed under Art. 139-A (2) of the Constitution of India, 1950 (in short the 'Constitution'). It has been filed by the Indian Airlines Limited seeking transfer of Writ Petition (Civil) No. 3992 of 2006 titled "Captain Raman Doulagar V/s. Indian Airlines Limited" pending before the Madras High Court to the Delhi High Court. Prayer has been made primarily on the ground that several other writ petitions involving identical issues are pending before the Delhi High Court.
(2.) Learned counsel for the respondent on the other submitted that the prayer has been made mainly on the ground that in the event there are conflicting decisions, it would not be in the interest of the parties. It is submitted that there is no scope for conflicting views being expressed by the two High Courts, as the controversy involved is settled by a decision of this Court in Regional Provident Fund Commissioner, Mangalore V/s. Central Arecanut & Coca Marketing and Processing Coop. Ltd., Mangalore, 2006 2 SCC 381. A reference is made to Paragraphs 13 and 14 of the judgment. It is also submitted that in the writ petition, pending before the Madras High Court, certain additional issues are also involved.
(3.) The prayers made in the Writ Petitions before the Madras High Court and the Delhi High Court needs to be examined. In the Madras High Court the prayers inter-alia are as follows: "For all the aforesaid reasons, it is prayed that this Hon'ble Court may be pleased to issue a Writ of Certiorari or Mandamus or any other appropriate Writ, Order or Direction calling for the records of the respondent relating to the impugned Seniority List circulated vide letter no. HPDO1/O-2601 dated 14.7.2004 and quash the same and consequently direct the respondent to fix the seniority of the petitioner herein above 50th, 51th and 52nd batches of Trainee-Pilots and pass such further or other orders as may be deemed fit and proper in the facts and circumstances of the case and thus render justice. It is, therefore, further prayed that this Hon'ble Court may be pleased to direct the respondent to send the petitioner herein forthwith for Pilot-in-Command (P.I.C.) Training in consonance with the policy laid down for the petitioners-batch (STP-1), pending disposal of the above Writ Petition, and pass such further or other orders as may be deemed fit and proper in the facts and circumstances of the case and thus render justice.";