M/S. Veljan Hydrair Ltd. vs Honble Industrial Tribunal-I

This Writ Appeal is filed aggrieved by the order dated 06.06.2007 passed in W.P.No.20724 of 1998 by the learned Single Judge.

Heard Sri V.Hari Haran, learned Senior counsel appearing for the appellant, learned Government Pleader for Labour for respondents 1 and 3 and Sri N.Saida Rao, learned counsel appearing for the 2nd respondent.

It has been contended by the appellant that the 2nd respondent Union has raised a dispute demanding cancellation of transfer orders in respect of some of its employees before the Conciliation Officer and when the conciliation talks failed, the Conciliation Officer has submitted a failure report to the Government and the Government has referred the dispute to the Industrial Tribunal-I at Hyderabad, so as to examine whether the 2nd respondent Union in demanding cancellation of transfer orders of its members is valid or not. The reference made by the Government was numbered as I.D.No.9 of 1997 before the Industrial Tribunal-I at Hyderabad.

Learned counsel for the appellant had contended that the Industrial Tribunal had erroneously passed an Award in favour of the 2nd respondent vide order dated 27.04.1998 without appreciating any of the contentions raised by the appellant.

Learned counsel for the appellant had further contended that in respect of other members of 2nd respondent Union, the cause did not survive and only in respect of Sivarama Krishna, he has contended that the Industrial Tribunal ought not to have interfered in the transfer order of Sivarama Krishna and the Industrial Tribunal had directed the appellant to continue Sivarama Krishna in Hyderabad office with continuity of service, however without back wages. Aggrieved by the order dated 27.04.1998 passed by the Industrial Tribunal, the appellant had filed W.P.No.20724 of 1998.

Learned counsel for the appellant had further contended that the learned Single Judge without appreciating any of the contentions raised by the appellant had disposed of the writ petition vide order dated 06.06.2007 and gave a finding that the transfer order in respect of Sivarama Krishna is invalid and the learned Single Judge declined to interfere with the award passed by the Industrial Tribunal. Challenging the same, the present Writ Appeal is filed.

Learned counsel for the appellant had further contended that the transfer is an incident of service of every employee of the appellant and in accordance with the transfer policy of the appellant, Sivarama Krishna was transferred, but the Industrial Tribunal as well as the learned Single Judge erred in holding that the transfer of Sivarama Krishna was held as invalid. Therefore, learned counsel for the appellant had contended that appropriate orders be passed in the Writ Appeal by setting aside the order passed by the Industrial Tribunal in I.D.No.9 of 1997 dated 27.04.1998 and also the order passed by the learned Single Judge in W.P.No.20724 of 1998, dated 06.06.2007.

Learned counsel for the 2nd respondent had contended that the Industrial Tribunal as well as learned Single Judge have held that the transfer of Sivarama Krishna is invalid and the learned Single Judge has also directed the appellant to continue Sivarama Krishna at Hyderabad, with continuity of service, however, without back wages. Therefore, the Industrial Tribunal as well as the learned Single Judge have rightly passed orders in favour of the 2nd respondent and no inference is called for. Therefore, the Writ Appeal is liable to be dismissed.

Having considered the rival submissions made by the learned counsel on either side, this Court is of the considered view that this is a very old case, wherein the transfer of certain members of 2nd respondent Union was the subject matter of reference before the Industrial Tribunal and the learned Single Judge has only held that the transfer order in respect of Sivarama Krishna is invalid and directed the appellant to continue Sivarama Krishna in service at Hyderabad office with continuity of service, however without back wages. The orders passed by the Industrial Tribunal and the learned Single Judge are valid and since no interim directions were granted in the Writ Appeal, the orders of the Industrial Tribunal and the learned Single Judge have been worked out itself with the efflux of time. At this point of time, this Court is not inclined to interfere with the order passed by the learned Single Judge.

Accordingly, the Writ Appeal is dismissed. No costs.

Miscellaneous petitions, if any, pending shall stand closed.