INDIAN AIRLINES LIMITED versus CAPT. RAMAN DOULAGAR

Citation: [2006] SUPP. 8 S.C.R. 786 · Decided: 09-11-2006 · Supreme Court of India · Bench: ARIJIT PASAYAT · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
INDIAN AIRLINES LIMITED 
v. 
CAPT. RAMAN DOULAGAR 
NOVEMBER 9, 2006 
B 
[ARIJIT PASA Y AT AND LOKESHWAR SINGH PANT A, JJ.] 
Constitution of India, 1950; Article 139-A(2): 
Transfer Petition-Transferring from Madr(ls High Court to Delhi High 
C Court on the ground of identical issues-Held: Petition pending in Delhi 
High Court involving conceptually identical issues-Hence, transfer of writ 
petition from Madras High Court to Delhi High Court allowed-Directions 
issued 
D 
Petitioner-Indian Airlines Limited filed a Transfer Petition seeking 
transfer of a Writ Petition pending before the Madras High Court to the Delhi 
High Court on the ground that several other writ petition~ involving identical 
issues are pending before the Delhi High Court. 
Respondent contended that the prayer for transfer of the petition has 
E been made mainly on the ground that in the event there are conflicting 
decisions, it would not be in the interest of the parties; that there is no scope 
for conflicting views being expressed by the two High Courts, as the 
controversy involved is settled by the decision of this Court in Regional 
Provident Fund Commissioner, ·Mangalore v. Central Arecanut & Coca 
Marketing and Processing Coop. Ltd, Mangalore; and that in the writ 
F petition, pending before the Madras High Court, certain additional issues are 
also involved. 
Allowing the petition, the Court 
HELD: It is clear that the writ petitions pending before the Madras High 
G Court and the Delhi High Court are conceptually identical. Whether the 
decision in Regional Provident Fund Commissioner's case has any relevance 
can be considered by the High Court where all the petitions could be taken 
up. Therefore, it is a fit case where the Writ Petition pending before the 
Madras High Court is to be transferred to the Delhi High Court to be taken 
H 
786 
.... 
-
INDIAN AIRLINES LTD. v. CAPT. RAMAN DOULAGAR [PASA Y AT, .I.] 787 
up along with other pending Writ Petitions. (788-H; 789-A-Dl 
Regional Provident Fund Commissioner, Mangalore v. Central Arecanut 
& Coca Marketing and Processing coop. Ltd., Mangalore, [2006) 2 SCC 
381, referred to. 
A 
CIVIL ORIGINAL JURISDICTION: Transfer Petition (Civil) No.214 of B 
2006. 
Petition under Article 139-A (2) of the Constitution of India for transfer 
of the W.P. No. 3992 of2006 titled Capt. Raman Doug/agar v. Indian Airlines 
Limited Pending before the Hon'ble High Court of Judicature at Madras to 
the Hon'ble Delhi High Court . 
C 
L. Nageswara Rao, Vinay K. Shailendra, Ajay Dahiya Shivendra Dwivedi 
and R.S. Suri for the Petitioner. 
H.P. Sharma and K.S. Rana for the Respondent. 
The Judgment of the Court was delivred by: 
ARIJIT PASAYAT, J. This petition for transfer has been filed under 
Article 139-A (2) of the Constitution oflndia, 1950 (in short the 'Constitution'). 
D 
It has been filed by the Indian Airlines Limited seeking transfer of Writ 
Petition (Civil) No. 3992 of 2006 titled "Captain Raman Doulagar v. Indian E 
Airlines Limited" pending before the Madras High Court to the Delhi High 
Court. Prayer has been made primarily on the ground that several other writ 
petitions involving identical issues are pending before the Delhi High Court. 
Learned counsel for the respondent on the other submitted that the F 
prayer has been made mainly on the ground that in the event there are 
conflicting decisions, it would not be in the interest of the parties. It is 
submitted that there is no scope for conflicting views being expressed by the 
two High Courts, as the controversy involved is settled by a decision of this 
Court in Regional Provident Fund Commissioner, Mangalore v. Central 
Arecanut & Coca Marketing and Processing Coop. ltd., Mangalore [2006] G 
2 SCC 38 L A reference is made to Paragraphs 13 and 14 of the judgment. It 
is also submitted that in the writ petition, pending before the Madras High 
Court, certain additional issues are also involved. 
The prayers made in the Writ Petitions before the Madras High Court 
and the Delhi High Court needs to be examined. In the Madras High Court H 
788 
SUPREME COURT REPORTS [2006) SUPP. 8 S.C.R. 
A the prayers inter-alia are as follows: 
"For all the aforesaid reasons, it is prayed that this Hon'ble Court 
may be pleased to issue a Writ of Certiorari or Mandamus Qr any other 
appropriate Writ, Order or Direction calling for the records of the 
respondent relating to the impugned Seniority List circulated vide 
B 
letter no. HPDOI/0-2601 dated 14.

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