THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE K. LAKSHMAN
W.A.No.615 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of the order dated
09.09.2020 passed by the learned Single Judge in W.P.No.15175 of
2020.
The undisputed facts of the case reveal that the respondent
in the present writ appeal preferred the writ petition against the transfer order dated 25.08.2020 and the learned Single Judge has granted an interim order on 09.09.2020 staying the order of transfer. An application for vacating the interim order has been filed before the learned Single Judge. A contempt petition has also been preferred. However, the appellants, which is a State owned and controlled Corporation, is not complying with the order granting interim stay in respect of transfer.
Learned counsel appearing for the appellants/Corporation has drawn the attention of this court towards the judgment delivered by the Hon'ble Supreme Court in the case of State of J and K vs. Mohd. Yaqoob Khan and others1 and his contention is that once an application for vacating stay has been filed, unless and until it is decided, the question of complying with the order passed by the learned Single Judge does not arise.
This court has carefully gone through the judgment delivered by the Hon'ble Supreme Court in the case of State of J and K (1 supra). It was a case where an ex parte interim order was 1 (1992) 4 Supreme Court Cases 167 2 passed directing release of half quantity of timber to the respondents therein on furnishing a bond. Meaning thereby, a mandamus was issued ex parte and in those circumstances, the High Court was directed to take up the stay matter and to decide it by passing appropriate orders.
The present case reflects that the employer with an adamant attitude is not complying with the interim order passed by the learned Single Judge. In all fairness, the order should have been complied with and the matter should have been argued on merits. This court does not find any reason to interfere with the order passed by the learned Single Judge.
The writ appeal is dismissed.
Pending miscellaneous applications, if any, shall stand closed.
___________________________ SATISH CHANDRA SHARMA, CJ _____________________ K. LAKSHMAN, J 26.11.2021 JSU