NIRMALJIT KAUR,J. - (1.) The present petition has been filed against the order dated 27.1.2016 (Annx.5) passed by the Labour Court-cum-Industrial Tribunal, Sriganganagar granting interim relief in favour of the respondent-Caveator. There is no dispute with the settled propositions of law that no writ should be entertained against an interim order of the Labour Court or the Industrial Tribunal. However, the facts of the present case are somewhat different and require interference by this Court.
(2.) The respondent was working as Territory Business Manager in the petitioner-Company and his salary in the year 2013 was stated to be almost Rs. 32,000/-. The order transferring the respondent from Sri Ganganagar to Mumbai was passed on 04.06.2013. On 24.06.2014, a reference was made to the Labour Court against the said order of transfer. Thereafter, the impugned order was passed as late as on 27.01.2016. The operative portion of the said order is reproduced as under : "Thus the application for interim relief is being allowed with the direction that the order of transfer dated 04.06.2013 is being stayed in interim herewith until further orders. Workman Mr. Kamal Mishra be allowed to work at Sri Ganganagar and release wages and other allowances accordingly. This order will not have any effect on the final order of the statement of claim/the dispute pending before the Tribunal. "
(3.) Respondent No. 3 Kamal Mishra is represented by his counsel before this Court. Learned counsel for the respondent Caveator while opposing the present petition submitted that in fact, a dispute had been raised by him before the Conciliation Officer in May, 2013 and it was on that account that the transfer order was passed against him.;