S.R.SINGH, J. - (1.) BOTH these writ petitions are directed against the transfer orders and, being based on common questions of law and fact, were heard together for being disposed of by a common order.
(2.) PETITIONER Ram Naresh Singh was initially appointed on the post of Fitter -II in 1987 but vide order dated July 4, 1992 he was granted pay scale in Supervisor Grade -B together with one increment. By the impugned order dated November 12, 1992 (Annexure -1 to Writ Petition No. 1360 of 1993) he was transferred in the same capacity and in the same pay scale from Ghatampur Sugar Mills, Ghatampur to Jarwal Road, Bahraich, a unitof the U.P. Stale Sugar Corporation Ltd. and pursuant to the said order of transfer he was relieved with immediate effect from the post of Workshop Foreman in Ghatampur Sugar Mills vide order dated November 26, 1992. The orders dated November 12, 1992 and November 26, 1992 are impugned and sought to be quashed in Writ Petition No. 1360 of 1993. Similarly Vipin Kumar Misra, the petitioner in Writ Petition No. 2307, a Cashier in the Ghatampur Sugar Mills, Ghatampur, Kanpur Dehat has been transferred in the same capacity and same pay scale to another unit of the State Sugar Corporation Ltd, situated at Pipraich in the district of Gorakhpur by order dated December 15, 1992, pursuant to which he was relieved of his duties vide order dated December 19, 1992. The orders dated December 15, 1992 and December 19, 1992 (Annexures -1 and 2 respectively to Writ Petition No. 2307 of 1992) are impugned and are sought to be quashed in the said Writ Petition. The Writ Petition No. 1360 of 1993, Ram Naresh Singh Parihar v. U.P. State Sugar Corporation Ltd. and Anr. shall be treated as leading file. I have heard Sri. V.K.S. Chaudhary, learned Senior Advocate and Sri. B.N. Singh, learned counsel for the petitioners and Sri Rishi Ram, learned Senior Advocate appearing for the respondents.
(3.) THE impugned orders have been assailed on the grounds, inter alia, (1) that the concerned units of the U.P. State Sugar Corporation Ltd. (in short the Corporation), to which the petitioners have been transferred, are registered under the Factories Act, 1948 and they are altogether different from the Ghatampur Sugar Company which is a company registered under the provisions of the Indian Companies Act, 1956 independently of the Corporation and, therefore, the Managing Director of the Corporation had no authority in law to transfer the petitioners from Ghatampur Sugar Company to any other unit of the Corporation and (2) that the petitioners are 'workmen' within the meaning of the term as defined in Section 2(z) of the U.P. Industrial Disputes Act, 1947, (in short the Act) and their services are governed by the terms and conditions specified in the Standing Orders, 1988 issued by the State Government vide Notification dated September 27, 1988 under Section 3(b) of the U.P. Industrial Disputes Act, 1947 in supersession of the provisions of Standing Order issued vide notification dated October 31, 1958 and the Notification No. 556 (HI)/XXXVI -2 -115 (HI) -89, dated Lucknow January 31, 1991 issued by the State Government in exercise of its powers under Sub -clause (b) of Section 3 of the Act implementing the recommendations of Third Wage Board constituted by the Government of India and since the Standing Orders, 1988 and the notification dated January 31, 1991 governing the service conditions of the petitioners, do not visualise their transfer from one unit/company to another unit/company of the U.P. State Sugar Corporation Ltd. the impugned orders are illegal and void.;