S.Ahmed, S.P.Rajkhowa, JJ. - (1.) This appeal is directed against the order dated 23.7.1990 passed by the learned Single Judge of this Court in C.O. 8195(W)/90 under Article 226 of the Constitution.
(2.) The petitioners case in short is that there are two rival Unions in the Zinjira Pole complex of the Food Corporation of India where the petitioners were posted. One of the Unions is affiliated to INTUC and the other to the CITU. The rival Union being a stronger one, was trying in various ways to create difficulties for the petitioners. They have also filed criminal case against the rival Union which is still pending. It is alleged that the management of the Food Corporation of India in collusion with the said rival Union for teasing the petitioners have passed an order sending them for training out of the Depot but they did not succeed. Thereafter they have been transferred by the impugned order in the writ application to Cassipore Depot with the object that the petitioners will not be able to carry on their legitimate trade union activities.
(3.) The respondents in their affidavit-in-opposition contended that there was no mala fide action taken against the writ petitioners. They have admitted that there are two rival Unions and because of the rivalry the work at the Depot could not be properly undertaken. There was a strike by the other Union claiming transfer of the writ petitioners. Faced with the situation, the management had transferred them to another Depot for the exigency of the situation and for administrative reasons in public interest. According to the respondents, the work of the Corporation is an essential work and that cannot be permitted to be stalled. They have denied the allegation of mala fide against the writ petitioners.;