- (1.) AGGRIEVED by the common order of the learned single Judge dated 05. 12. 2000 made in Writ petition Nos. 8872 and 8873 of 1995, the General Manager and the Deputy General Manager of balmer Lawrie and Company Ltd. (a Government of India Enterprise), Madras-18, have filed the above writ appeals.
(2.) FOR convenience, we shall refer the parties as arrayed in the writ petitions.
(3.) AGAINST the proceedings of respondents 1 and 2 (Balmer Lawrie and Company Ltd.) dated 19. 01. 1995, placing the writ petitioner under suspension and reverting him back to M/s. Balmer lawrie and Comapny Ltd. In his substantive position of Deputy Manager (Finance), the petitioner has filed Writ Petition Nos. 8872 and 8873 of 1995. The case of the petitioner is briefly stated hereunder: according to him, he was appointed by the first respondent as Assistant Manager (A and F) on 08. 01. 1990 and thereafter, based on his service, he was recommended and appointed as general Manager (Personnel) of Balmer Lawrie and Company Ltd. as Finance Manager-cum-Company Secretary in the Nyco-B1. Ioc a joint venture company, which was later on incorporated as AVI OIL India Ltd. a public company, registered under the Companies Act 1956, the third respondent. By this appointment, he was given a lien on the Balmer Lawrie and company for a period of two years with effect from the date of his assuming charge in the newly formed company. Further, he was not deputed to the third respondent Company, but was indeed appointed to it. Thereafter, he ceased to be an employee of Balmer Lawrie and company Ltd. and became the employee of the third respondent Company though he was given the option for two years to get back to Balmer Lawrie and Company Ltd. In terms of the said appointment, he was also discharging his duties with the first and second respondents till may, 1994. The first and second respondents ceased to have any administrative control over him. While the first and second respondents are Officials of Government of India undertaking, third respondent is a Public Limited Company, its administration is totally independent. On transfer to third respondent Company, the petitioner became an employee of it and governed by its Rules and Regulations. While so, the second respondent i. e. , Deputy General Manager, balmer Lawrie and Company Ltd. without any basis, by his order dated 19. 01. 1995, reverted him back to Balmer Lawrie and Company Ltd. This reversion is without jurisdiction, as he had been transferred to third respondent Company and not deputed to it. He also served with another order dated 19. 01. 1995, suspending him from service of Balmer Lawrie and Company limited. This order is mala fide since it has been issued after a period of 20 months of his outcome from the first respondent Company.;