THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.Nos.1392 and 1416 of 2010 COMMON ORDER: (per the Hon’ble Sri Justice V.Eswaraiah) In these two writ petitions, the petitioners are the applicants, who filed O.A.Nos.87 of 2010 and 88 of 2010 respectively before the Tribunal questioning the transfer orders of the unofficial respondents in giving preference to their place of choice on the ground that they are office bearers. It is the case of the petitioners that the unofficial respondents are not office bearers and in fact, the petitioners are the office bearers. As per the order of the Government in G.O.Ms.No.273, dated 21-05-1999, Principal office bearers of recognized Unions are entitled to priority and they have to be called for the counselling first. Learned counsel for the petitioners submits that the unofficial respondents were called first and preference was given to them and, therefore, the said transfer orders placing them at their place of choice are erroneous and contrary to the aforesaid guidelines of the Government. A perusal of the orders of the Tribunal, dated 06-01-2010, goes to show that the Tribunal only ordered notice before admission to the respondents returnable in two weeks observing that it is better to hear the other contesting parties and the issuance of interim orders will be considered after service of notice. As the Tribunal issued urgent notice returnable in two weeks, we are of the opinion that the petitioners ought to have take notice on the respondents to pursue their remedy before the Tribunal itself. We are also of the opinion that after service of notice, it is always open to the Tribunal to pass appropriate orders, keeping in view prima face case and balance of convenience. Therefore, we are not inclined to admit these writ petitions filed against the notice issued by the Tribunal in the said O.As. Therefore, the writ petitions are not maintainable and the same are liable to be dismissed. Accordingly, the writ petitions are dismissed. We request the Tribunal to take up the stay applications filed by the petitioners immediately after filing proof of service of notice on the unofficial respondents preferably within a period of two weeks from the date of filing proof of service of notice. There shall be no order as to costs. ________________ V.ESWARAIAH, J ________________________ VILAS V. AFZULPURKAR, J Dated: 29-01-2010 Note: Issue C.C. in three days (B/o) Prv