Calcutta High Court (Appellete Side)
G.R.S.E. Ltd Workmen'S Union & Ors vs Garden Reach Shipbuilders & Engineers ... on 17 January, 2023
14 17.01
Ct No
21
2023 W.P.A. 930 of 2023
AGM
G.R.S.E. Ltd Workmen's Union & Ors
Vs
Garden Reach Shipbuilders & Engineers Ltd & Anr
Mr. Soumya Majumdar,
... For the Petitioners.
Mr. Ranjay De,
Mr. B. Banerjee,
... For the respondents.
Mr. Soumya Majumdar, learned counsel appearing on behalf of the petitioners undertakes to pay the deficit court fees in course of the day. In the event, the same is not paid WPA 930 of 2023 shall stand dismissed for default.
In this writ petition an order of transfer dated January 6, 2023 of the employees of Garden Reach Shipbuilders & Engineers (GRSE) Ltd has been challenged.
14 operatives in the designations of issuemen , cook, Safaiwalas, Jamadars and vendors have been transferred from Hot Meal Canteen to Tea Canteen.
Mr. Soumya Majumdar, learned advocate appearing on behalf of the petitioners submits that such a transfer is against the Industrial employment standing orders for workmen of the GRSE Limited. He submits that the company has the right to transfer 2 workmen from one department to the other or from one shop to the other or from one unit to the other. The same will appear from the appointment letters issued to the workmen. But in this case the transfer has been made from the Hot Meal Canteen to Tea Canteen which cannot be termed to be a unit or department of GRSE Ltd. He further submits that the said transfer will in effect definitely lead to curtailment of the benefits that the workmen are receiving now.
The exigencies which required such transfer have not been stated by the employer. Therefore, the transfer order dated January 6, 2023 should be quashed and/or set aside.
Mr. Ranjay De, learned counsel appearing on behalf of the GRSE Ltd submits that the said transfer has been effected due to the exigency that arose by outsourcing the running and maintaining of the canteen by the employer/GRSE Ltd. No statutory provision has been violated by such outsourcing since the requirement of maintaining a canteen in the event the establishment had more than 250 workmen have been complied by the occupier. Furthermore, he draws the attention of this Court to the standing orders of GRSE Ltd. He submits that the GRSE 3 Ltd/employer had the right to transfer any workman from one job or department to another. The employer by transferring 14 workers from Hot Meal Canteen to Tea Canteen have only transferred them from one job to the other. As long as the said transfer does not involve any decrease in the rate of pay and conditions of service have not been altered the workmen cannot have any grievance against any such transfer.
Mr. De further submits that all the 14 candidates who are effected by the said transfer have already joined the present place of posting.
He challenges the maintainability of the writ petition on the ground that it has not been averred in the writ petition that the workers who have been transferred belong to the petitioner no. 1/Union. Furthermore, petitioner nos. 2 and 4 are not affected by the said transfer.
The petitioner no. 3 has been transferred long back from the Hot Meal Canteen, Main Unit to Hot Meal at 61 Park Unit, on June 3, 2022. Therefore, he also cannot maintain any grievance against the transfer of 14 candidates/operatives from one job to the other.
Having considered the rival submissions of the parties and materials placed on record, this Court finds 4 that there is no scope of any interim order in the present writ petition.
Let an affidavit-in-opposition filed by the respondents by February 27, 2023. Reply, if any, by March 13, 2023.
Point of maintainability of the writ petition is kept open. The petitioners will be required to show from the pleadings which legal right of theirs have been violated by the employer.
Liberty to mention for inclusion in the list for hearing upon exchange of affidavits under the same heading 'Hearing'.
( Lapita Banerji, J.)