Federal Mogul Bearing India Limited vs The State of Himachal Pradesh, The Labour Commissioner, Himachal Pradesh, Himrus Building, Circular Road, Shimla-171002, Gabrial Employees Union, Registration No.258, Parwanoo, District Solan, H.P.

Surjit Singh, Judge

Heard and gone through the record.

Petitioner, hereinafter referred to as employer, is aggrieved by the order passed by the Labour Commissioner in March, 2010, whereby reference has been made to Labour Court-Industrial Tribunal, Shimla, with regard to an alleged dispute viz. whether the transfer of some of the employees, who are Members of an Employees'' Union, by the employer, from one department of the Industrial Unit to another department, amounts to change in service conditions of the transferred employees.

Petitioner''s case is that the transfer does not amount to change in service condition, in view of the terms and conditions of the appointments of the transferred employees, standing orders and settlement arrived at between the Union of the employees and the employer and, therefore, order of making reference passed by the Labour Commissioner is bad in law.

The issue raised in the present petition can be adjudicated by the Labour Court-cum-Industrial Tribunal, as it has the jurisdiction to decide the same. Thus the petitioner has an alternative efficacious remedy. If this is so, the petitioner will be better advised to raise the plea before the Labour Court-cum-Industrial Tribunal. Consequently, the petition is dismissed.