Tsrtc, And 3 Others vs T.R.P.Singh
2021 Latest Caselaw 3802 Tel

     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

(1992) 4 Supreme Court Cases 167

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