Aloke Chakrabarti, J. - (1.) This writ petition was filed challenging the orders dated 7.11.1997 and 13.11.1997 at Annexure Nos. 1 and 2 respectively to the writ petition whereby the petitioner was transferred from Sant Kabir Sahkari Katai Mills, Maghar to Co-operative Textile Mills at Bulandshahr on temporary basis.
(2.) At the outset Mr. Vinod Mishra, learned counsel for the respondents raised an objection as regards maintainability of the writ petition and to that effect a short counter-affidavit had been filed. The objection has been raised on the ground that the writ petition is not maintainable being directed against an order passed in respect of its employee by Co-operative Society.
(3.) Mr. K. P. Agarwal, learned counsel for the petitioner contended that the present transfer order purporting to transfer the petitioner is illegal in view of the fact that it amounts to transfer of the petitioner from one employer to other which is not permissible under law. It is contended that the law in this respect has been settled as decided in the case of Manager, P. K. P. Bidi Factory v. O. L. Thenge and others, AIR 1970 SC 823, wherein it has been held that a contract of service being thus incapable of transfer unilateraily, such a transfer of service from one employer to another can only be effected by a tripartite agreement between the employer, the employee and the third party. Learned counsel for the petitioner contended further that in similar circumstances in respect of Cooperative Society, the writ petition has been held maintainable by Division Bench of Calcutta High Court in the case of Arjed Ali Gazi v. State of West Bengal, 1991 Lab 1C 987. Similar decision was taken in the case of Gouranga Dhar v. State of West Bengal, 1996 Lab IC 371.;