- (1.) U.P. State Sugar Corporation Ltd., for short 'Corporation', a Government company within the meaning of Section 617 of Companies Act, 1956 (1 of 1956), and another have directed this Special Appeal against the judgment and order of a learned single Judge of this Court, who allowed the writ petition of the respondent Bipin Kumnr Mishra and quashed the order dated December 15, 1992 of the Corporation's Managing Director transferring the respondent from one unit of the Corporation to another.
(2.) Since 1979 the respondent was in the employment of Luxmi Devi Sugar Mills, Chitauni, District Dcoria. The mill was acquired by the State Government and vested in the Corporation under the provisions of the U.P. Sugar Under-takings (Acquisition) Act, 1971 (23 of 1971), for short 'Act'. By virtue of this acquisition, the mill became a unit of the Corporation. In July, 1987 the respondent was transferred, on his own request, to Ghalampur Sugar Factory, Ghatampur, District Kanpur Dehat. On December 15, 1992 when the respondent was working at Ghatampur in the Cash Department, the Managing Director of the Corporation issued the impugned order transferring him to another unit of the Corporation at Pipraich in District Gorakhpur.
(3.) The aforesaid transfer order was challenged by the respondent on the following grounds: i. The Sugar Factory at Ghatampur is registered under the Companies Act while the unit at Pipraich is registered under the Factories Act, 1948 and they are independent of the Corporation and, therefore, the Managing Director of the Corporation has no jurisdiction to effect the transfer: ii. The respondent is a workman within the meaning of Section 2(2) of the U.P. Industrial Disputes Act, 1947 and his conditions of service are governed by the Standing Order, 1988 issued by the State Government vide Notification dated September 27, 1988 under Section 3(b) of the U.P. Industrial Disputes Act and the Standing Order, 1991 issued under the same provision vide Notification dated January 31, 1991. Neither of these two Standing Orders provides for transfer of a workman from one unit to another.;