Madhya Pradesh High Court
Sagar Bidi Mazdoor Union vs M/S Khemchand Motilal Jain, Tobacco ... on 25 January, 2023
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 25 th OF JANUARY, 2023
WRIT PETITION No. 16635 of 2010
BETWEEN:-
SAGAR JILA BIDI MAZDOOR UNION THROUGH
S ECR ETARY, CHANDRA KUMAR JAIN PRADHAN
MANTRI SAGAR JILA BIDI MAZDOOR UNION SAGAR,
DISTRICT SAGAR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI J.L.MISHRA - ADVOCATE)
AND
1. M/S KHEMCHAND MOTILAL JAIN, TOBACCO
PRODUCTS LIMITED 178, KESHAVGANJ WARD,
SAGAR (MADHYA PRADESH)
2. PRESIDING OFFICER LABOUR COURT SAGAR
DISTT. SAGAR (MADHYA PRADESH)
.....RESPONDENTS
(RESPONDENT NO.1 BY SHRI P.K.MISHRA - ADVOCATE)
Th is petition coming on for hearing this day, th e court passed the
following:
ORDER
Petitioner is challenging the order of his transfer through Union so also the order dated 29.1.2010 passed by the Presiding Officer, Labour Court, Sagar in Case No.16/98/I.D.Act Reference dismissing the claim of the petitioner challenging the said transfer order.
While answering the reference, the Labour Court observed that there is no mention of the fact that the workman/claimant had any problem in regard to Signature Not Verified Signed by: AMIT JAIN Signing time: 1/25/2023 8:02:00 PM 2 the language, which is spoken in West Bengal and had not made any such mention in his statement of claim. It was also observed that since no malafide is proved in regard to the transfer of the workman/claimant from Sagar to West Bengal and placing reliance on the judgment of Hon'ble the Supreme Court in National Hydroelectric Power Corporation Limited versus Shri Bhagwan & Another AIR 2001 SC 3309 and also the judgement of this Hon'ble High Court in R.K.Mishra versus M.P.S.R.T.C & 2 Others 2003 L.L.R 488, the Labour Court held that in absence of any malafide, the transfer order does not call for any interference and accordingly dismissed the request of the petitioner to cause indulgence in the matter of transfer from Sagar to West Bengal. Law is well settled that the transfer order can be challenged only on the grounds of lack of authority and malafide. In the present case, none of the aforesaid grounds have been substantiated by the petitioner to assail the order of transfer.
In view of such facts, when the judgment of Apex Court in National Hydroelectric Power Corporation Limited versus Shri Bhagwan & Another (supra) is taken into consideration wherein it is held that the transfer of an employee from Corporate Office to New Project, if is not prohibited by the Rules and no malafides are shown, then alleged adverse consequences detrimental to the seniority of such employee are not likely to occur as the Project to which transfer was made is new one then no interference is called for. The ratio of National Hydroelectric Power Corporation Limited versus Shri Bhagwan & Another (supra) applies in full force to the facts of the present case.
As the transfer being an incidence of service, therefore, this writ petition challenging the order of transfer of the petitioner through Union so also the order dated 29.1.2010 passed by the Presiding Officer, Labour Court, Sagar in Signature Not Verified Signed by: AMIT JAIN Signing time: 1/25/2023 8:02:00 PM 3 C a s e No.16/98/I.D.Act Reference dismissing the claim of the petitioner challenging the said transfer order do not call for any interference.
Resultantly, this writ petition fails and is dismissed.
(VIVEK AGARWAL) JUDGE amit Signature Not Verified Signed by: AMIT JAIN Signing time: 1/25/2023 8:02:00 PM