Kerala High Court
M.L.Byju vs Kerala State Electricity Board Ltd on 8 September, 2016
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
THURSDAY, THE 6TH DAY OF OCTOBER 2016/14TH ASWINA, 1938
WP(C).No. 32348 of 2016 (P)
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PETITIONER(S)/PETITIONERS:-:
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1. M.L.BYJU,
AGED 49 YEARS, SON OF MADHAVAN NAIR,
OVERSEER (ELECTRICAL),
KERALA STATE ELECTRICITY BOARD LTD.,
ELECTRICAL SECTION, NALANCHIRA,
THIRUVANANTHAPURAM - 695 015.
2. SAIPHU P.S.,
AGED 49 YEARS, SON OF SULAIMAN,
OVERSEER (ELECTRICAL),
KERALA STATE ELECTRICAL BOARD LTD.,
ELECTRICAL SECTION, VYTILLA,
KOCHI - 682 019.
BY ADVS.SRI.B.ASHOK SHENOY
SRI.K.V.GEORGE
SRI.P.N.RAJAGOPALAN NAIR
SRI.P.S.GIREESH
SRI.RIYAL DEVASSY
SMT.POOJA DILIP
RESPONDENT(S)/RESPONDENTS:-:
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1. KERALA STATE ELECTRICITY BOARD LTD.,
REPRESENTED BY ITS SECRETARY, REGISTERED OFFICE,
VYDYUTHI BHAVAN, PATTOM PALACE P.O.,
THIRUVANANTHAPURAM - 695 004.
2. THE CHIEF ENGINEER (HUMAN RESOURCES MANAGEMENT),
KERALA STATE ELECTRICITY BOARD LTD.,
REGISTERED OFFICE, VYDYUTHI BHAVAN,
PATTOM PALACE P.O., THIRUVANANTHAPURAM - 695 004.
BY SRI.K.S.ANIL, SC, KSEB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 32348 of 2016 (P)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1. TRUE COPY OF LETTER DATED 08.09.2016 ISSUED BY GENERAL
SECRETARY OF KERALA ELECTRICITY EXECUTIVE STAFF ORGANISATION (KEESO)
TO CHIEF PERSONNEL OFFICER OF THE 1ST RESPONDENT.
EXHIBIT P2. TRUE COPY OF RELEVANT PAGES NOS.1, 8, 34 AND 35 OF THE
ORDER ON GENERAL TRANSFERS 2016 DATED 29.09.2016 ISSUED BY 2ND
RESPONDENT IN RESPECT OF OVERSEER (ELECTRICAL).
EXHIBIT P3. TRUE COPY OF RELEVANT PAGES NOS.1, 22 AND 35 OF THE
ORDER ON GENERAL TRANSFERS 2016 DATED 30.09.2016 ISSUED BY 2ND
RESPONDENT IN RESPECT OF LINEMAN.
EXHIBIT P4. TRUE COPY OF ORDER - BO(CMD) NO.2153/2016/(PSI(A)/G1.
TRANSFER/1809/2012/2083)TVPM DATED 21.07.2016 ISSUED BY 1ST
RESPONDENT.
RESPONDENT(S)' EXHIBITS:NIL
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//TRUE COPY//
P.A TO JUDGE
A.K.JAYASANKARAN NAMBIAR, J.
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W.P.(C).No.32348 of 2016
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Dated this the 6th day of October, 2016
J U D G M E N T
The petitioners, who are working as Overseer (Electrical) and Lineman respectively at Nalanchira and Vytilla Electrical Section of the respondent Board, are aggrieved by Exts.P2 and P3 orders of transfer whereby they have been transferred from their respective stations to Manjeri and Kasaragod. In the writ petition, Exts.P2 and P3 orders of transfer are impugned on the ground that, they violate the terms of Ext.P4 order of the respondent Board, which was passed after discussions with the Recognised General Trade Unions on 30.06.2016 and 11.07.2016. It is stated that, inasmuch as the transfer of the petitioners have been effected contrary to the specific provisions of the agreement entered into between the trade unions and the Board, the orders of transfer are vitiated.
2. I have heard the learned counsel appearing for the petitioners as also the learned Standing counsel appearing for the respondent Board.
-2- W.P.(C).No.32348 of 2016
3. On a consideration of the facts and circumstances of the case and the submissions made across the bar, I find that the reliance by the petitioners is essentially on Clause VII (a) of Ext.P4 order of the Board which reads as follows:
"VII. Protection from transfers will be permitted in the following cases:-
(a) Protection from transfers will be given by the Kerala State Electricity Board Limited to the Recognised General Trade Unions at one percent of their membership strength subject to a maximum of 100 protected workmen for the entire establishment of the Kerala State Electricity Board Limited. The membership of the Unions will be verified from time to time in a referendum as prescribed for the purpose. The Chief Personnel Officer will obtain a list of eligible workmen from the Recognised General Trade Unions every year sufficiently in advance of the General Transfers, for declaring them as protected workmen. The list of protected workmen declared by the Chief Personnel Officer, every year will remain in force for period of one year or till the next Annual General Body Meeting of the Recognised General Trade Union concerned is conducted or till the next referendum is held, whichever is earlier. The recognised General Trade Union can withdraw the names of any of their members from the list of protected workmen at any time by giving due intimation to the Chief Personnel Officer, but they will have no right for substitution. As soon as the Chief Personnel Officer declares and notifies the list of protected workmen for any year, the previous list of -3- W.P.(C).No.32348 of 2016 Protected Workmen existing till then will cease to have any effect"
4. The learned Standing counsel for the respondent Board would point out that, as of today, there are three Recognised Trade Unions under the Electricity Board, and as per the Clause in Ext.P4 extracted above, the specified percentage of their members have been afforded protection from General Transfer as envisaged in Ext.P4. It is pointed out that the trade union to which the petitioners are affiliated is not a recognised trade union under the respondent Board, and hence, the petitioners will not be entitled to the protection envisaged in Ext.P4. Taking note of the said submission of the learned Standing counsel for the respondent Board, and finding that the petitioners have not made out any other ground for interference with Exts.P2 and P3 transfer orders, such as demonstrated malafides or violation of any statutory guideline prevailing in the respondent establishment, I am of the view that the prayers sought for in the writ petition cannot be granted. The writ petition in its challenge against the transfer orders is therefore dismissed. It is made clear that, if the petitioners join the station to which they have been transferred -4- W.P.(C).No.32348 of 2016 within 10 days from the date of receipt of a copy of this judgment. Then the same shall be treated as in compliance with the respective orders of transfer.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE mns/06.10.16