Permod Kohli, J. - (1.) C.M. Nos. 15196-97 of 2011 Applications are allowed. Documents Annexures P-11 to P-13 taken on record. CWP No. 20212 of 2011
(2.) This petition arises out of an order dated 14.9.2011 passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for short the Tribunal) allowing the O.A filed by the respondent No. 2 challenging his transfer from Semi Conductor Laboratory (for short S.C.L.) to Vikram Sarabhai Space Centre (for short V.S.S.C), Thiruvananthpuram. Facts relevant for the purposes of the present petition are being noticed hereunder:-
(3.) Petitioner herein was initially incorporated as a Limited Company, which was later on converted into a society under the name of S.C.L duly registered on 8.11.2005 under the Societies' Registration Act, 1856. This restructuring became effective from 1.9.2006. Respondent No. 3, who was initially an employee of the company opted for the service in the restructured society pursuant to a general notice dated 16.6.2006 issued by the company providing an option to the existing employees to elect for the service of the society or else face termination of the services. Respondent No. 3, thus, adopted the society as his employer and was governed by the rules and regulations of the petitioner society as per the terms and conditions of the restructuring order. Respondent No. 3 was posted in Chandigarh as Scientist/Engineer "S.F." vide order dated 13.7.2009 issued by the Govt. of India, Ministry of Space. Respondent No. 3 has been ordered to be transferred from the petitioner society to V.S.S.C, Thiruvananthpuram on working arrangement basis. The relevant extract of the order reads as under:- " No. A.12019/8/2005-I Government of India Department of Space Antariksh Bhavan New BEL Road Bangalore-560231 July 13, 2009. OFFICE ORDER Shri Manmohan Singh, Scientist/Engineer-SF, SCL, Chandigarh is hereby transferred to VSSC, Thiruvananthapuram on working arrangement basis. He will continue to be governed under the service condition of SCL. The date of his actual relief will be decided by Director, SCL. This issues with the approval of Secretary, Department of Space. Sd/- (Manohar L Vanniar) Deputy Secretary.";