JUDMENT ARUN KUMAR, J The respondent filed a suit for declaration and permanent injunction against the appellant with the following prayers a declaring that the transfer order of the plaintiff dated 11.1.86 issued by the secretary of the first defendant companypany from its Head Office to the Shankar Rice Mill Godown, Shimoga belonging to M s. Bharath Founders is illegal void and inoperative and further declare that the plaintiff is to be in the service of the first defendant companypany and she is entitled to all the emoluments including her salary.
as stated in the articles of charges dated 17 1 87 and enquiry indicated in the numberice dated 2 2 87.
The appellant while denying the averments companytained in the plaint took an objection that the Civil Court had numberjurisdiction to try the suit.
The present suit was filed on 12th February, 1987.
The said office is within the same city.
Secretary in his reply dated 23rd May, 1985 abused her that she was number working properly.
The respondent plaintiff filed a regular second appeal against these judgments.
The appeal filed by the respondent plaintiff against the said judgment of the trial companyrt remained unsuccessful.
The defendant has filed the present appeal against the judgment of the High Court.
She was promoted as an Officer with a monthly salary of Rs.1605/ .
Briefly the facts are That the plaintiff was appointed by the defendant Company in the year 1976 on a monthly salary of Rs.535/ as a trainee accountant.
The trial companyrt framed various issues in the suit.
The judgment of the trial companyrt on Issue No.5 was affirmed by the appellate companyrt while dismissing the appeal.
The relevant issue for the present purpose is Issue No 5 whether defendant No.1 proves that this Court has numberjurisdiction to try the suit.
The trial companyrt decided the said issue in favour of the defendant and held that the companyrt had numberjurisdiction to entertain the suit as it was number maintainable and the plaint was liable to be rejected.
The appeal succeeded.
On 11th January, 1986, the plaintiff was transferred from the head office of the defendant Company to its sales office cum godown located at Shanker Rice Mill Compound, Shimoga.
On 17th January, 1987, a charge sheet was issued to the plaintiff to which she did number give any reply.
The trial companyrt was directed to dispose of the suit on merits in accordance with law.
However, according to the plaintiff the location of the office was number good and numberamenities for the staff were available at the said office.
b for permanent injunction restraining the defendants from holding any enquiry against the plaintiff on the ground that she has number companyplied with the order of transfer dated 11.1.86 and she is guilty of insubordination etc.
