S.C. Mathur, A.C.J. - (1.) These two Special Appeals arise from two separate writ petitions directed against orders of transfer passed against two employees of the U.P, State Electricity Board. Both the appellants were posted at Agra. Appellant, Girraj Kishore Sharma, was posted as Junior Meter Tester and Repairer. He has been transferred to Kanpur. Appellant Dinesh Chandra Sharma was posted as Routine Grade Clerk and he has been transferred to Jhansi. The transfer orders in respect of both were passed on December 18, 1992 by the Chief Engineer, Hydel (Respondent No. 2).
(2.) The appellants challenged the transfer orders on three grounds - (i) They were vitiated by mala fides, (ii) They were by way of punishment and (iii) They violated the provisions of Section 6 (E) of the U.P. Industrial Disputes Act and Rule 29 (2) of the Rules framed thereunder. Learned Single Judge negatived the pleas while dismissing the writ petitions. Thereafter review applications were made raising an additional ground. The additional ground related to the challenge against U.P. State Electricity Board (Employees Transfer) Regulations, 1980. It was sought to be made out that the Regulations had not been notified under Section 13-B of the Industrial Employment (Standing Orders) Act and therefore they were not applicable to industrial workmen like the appellants. Learned Single Judge rejected the review application on the ground that fresh ground could not be raised through review application.
(3.) Aggrieved by the two orders passed by the learned Single Judge, the appellants have preferred the instant appeals.;