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(x) The liberty to question the orders passed in the contempt application was only in regard to the validity of transfer on merits and not on the grounds alleged by the http://www.judis.nic.in petitioners in the present batch of Writ Petitions, since this issue stands concluded.

14. Heard the learned counsel for the parties and perused the material on record.

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24. Further the main contentions of the respondent Society is that when disputed questions of facts are involved, a writ cannot be maintained under Article 226 of the Constitution; that where an effective alternate remedy, in this case, alleged violation of Section 33 of the ID Act, can be raised before the very same authority under Section 33 (A) of the ID Act is available, writ is not maintainable; that the Industrial Dispute relates to the enforcement of a right, or an obligation, created under the Act, then the only remedy available to the suitor is to get an adjudication under the Act; that transfers effected by private employers, do not involve public duties and involve disputed questions of fact and they should be resolved only before forums created under the ID Act; that the 3rd respondent society is a non-public utility service and in terms of Sec.20 (1) of the ID Act, 1947, the conciliation proceedings shall commence only on the date of the order referring the dispute to a Board, whereas in the instant case, there had been no reference to the Board; that Section 33 of the ID Act, does not prohibit the respondent from implementing the existing service conditions, which are admittedly in existence from 1998, when the first set of branches were opened, which were much prior to the date on which the alleged dispute was raised and http://www.judis.nic.in also much before the petitioner union was formed; that this Court in its order dated 02.11.2012, in contempt petition No.1302 of 2012 in W.P. No.16797 of 2012 had already observed, that the respondent society has not altered the service conditions and no case is made out to initiate contempt proceedings against the respondents and as such, the said transfer issue is res judicata; that the liberty to question the orders passed in the contempt application was only in regard to the validity of transfer on merits and not on the grounds alleged by the petitioners in the present batch of Writ Petitions, since this issue stands concluded.