Chatterjea, J. - (1.) This is a petition under Article 227 of the Constitution against an order of the learned Judge, the Fourth Industrial Tribunal The point which was referred to the said Tribunal and which is material for our purpose is as follows: Whether the transfer of Sri Amiya Kumar Sen Gupta and subsequent refusal to employ him by the management is justified; to what relief, if any, he is entitled. The Tribunal held: The transfer order in respect of Sri Sen Gupta was illegal and unjust. Within 15 days from the date of the publication of this award in the Official Gazette, Sri Sen Gupta shall be allowed to work in his former position as was on the 14th February, 1961. Sri Sen Gupta further be paid all his dues as wages upto -date within that period. Against this order of the Tribunal this Court was moved and this Rule was issued
(2.) The Petitioner is the employer, and according to the Petitioner there are standing rules called Service Rules of Ram Kumar Agarwala & Brothers and companies under their management and control. Rule 2 states as follows: For the purpose of these rules the companies named below and their employees shall for the time being be deemed to be under the management and control of M/s Ram Kumar Agarwala & Brothers.
(3.) Then the names of seventeen companies follow. The relevant provision regarding transfer is in Rule 4, Sub -rule (g). The said Sub -rule (g) reads as follows: The partners shall be entitled to transfer the services of the employees of Ram Kumar Agarwala & Bros, and/or any company or companies under their management or control to any other company or companies under the management and control and at any centre or centres from time to time, according to the exigencies of business, and the terms and conditions of service as applicable to employee at the time of transfer shall continue to be applicable after such transfer or transfers.;