S.P.Mehrotra, J. - (1.) The petitioner has filed this writ petition under Article 226 of the Constitution of India, inter alia praying for issuance of writ, order or direction commanding the respondents not to enforce their orders dated 5.7.2001 (Annexure 1 to the writ petition) and the order dated 13th July, 2001 (Annexure 4 to the writ petition) by transferring the petitioner from Ghaziabad to Bangalore.
(2.) It has, inter alia, been alleged by the petitioner in the writ petition that the petitioner is an employee in Bharat Electronic Limited and has at all relevant times and also at all time been posted in its Ghaziabad Unit, and that the petitioner has been working as Junior Accountant in the Wage Group-VII, I.A./G.A.D. and has been transferred to Internal Audit, Bangalore Complex, Bangalore by the order dated 5.7.2001 (Annexure 1 to the writ petition); and that the petitioner made a representation against the said order of transfer, but the same was rejected by the order dated 13.7.2001 (Annexure 3 to the writ petition); and that by an order of the same date i.e., 13.7.2001 (Annexure 4 to the writ petition), the petitioner was informed that he had been relieved from duty with effect from 13.7.2001.
(3.) It has, inter alia, been further alleged by the petitioner in the writ petition that the respondent Bharat Electronics Limited (hereinafter also referred to as "the respondent-Company") has no power to transfer an employee from Ghaziabad to Bangalore; and that the conditions of service in the respondent - Company at Ghaziabad are governed by the Standing Orders certified under the Industrial Employment (Standing Orders) Act, 1946, a true copy whereof has been filed as Annexure 5 to the writ petition; and that a perusal of the said Standing Orders (Annexure 5 to the writ petition) would show that there is no clause for transferring an employee from Ghaziabad to any other Unit of the respondent-Company; and that the Standing Orders certified under the Industrial Employment (Standing Orders) Act, 1946 have statutory force; and that there being no stipulation regarding transfer in the Standing Orders which lay down statutorily the conditions of service of employees in an Industrial Establishment, the respondent-Company at Ghaziabad cannot transfer the petitioner from Ghaziabad to Bangalore.;