Andhra HC (Pre-Telangana)
Cement Corporation Of India Employees ... vs Asst. Commissioner Of Labour And Ors. on 3 September, 2003
Equivalent citations: 2003(6)ALT261
Author: R. Subhash Reddy
Bench: R. Subhash Reddy
ORDER R. Subhash Reddy, J.
1. This Writ Petition is filed by the Cement Corporation of India Employees' Union, seeking Writ of Mandamus, to declare the action of the Respondents 2 to 4 in transferring the members of the petitioner-Union to various places, during the pendency of the conciliation proceedings, as illegal, unjust, contrary and in violation of Section 33 of the Industrial Disputes Act, 1947.
2. It is the case of the petitioner-Union that its members, who are working at Adilabad Unit cannot be transferred to other units of the respondent-Corporation in India. It is the further case of the petitioner-Union that as much as the conciliation proceedings initiated against the very same dispute are pending consideration, the respondent authorities are not empowered to pass orders of transfer, otherwise, the same will amount to change of service conditions, within the meaning of Section 33 of the Industrial Disputes Act, 1947.
3. Counter-affidavit is filed by the General Manager of the Cement Corporation of India Limited, Adilabad Unit, stating that out of 10 Units of the respondent-Company located in various parts of the Country, only three units are in operation at present. One such Unit situated at Adilabad is not in operation and is facing financial stringency. Even for the wages for the months of July, August and September, 2002 could be paid only in the month of July 2003 on receipt of non-plan financial support from the Government. As such, the Unit at Adilabad has become sick and the Government notified as scheme for voluntary retirement, and those who have not opted for voluntary retirement and essential staff, are being transferred from the non-operating unit to the needy units, as there is complete ban for fresh recruitees. Further, it is submitted that even as per the appointment orders issued to the members of the petitioner-Union, there is a condition that they are liable to be transferred at the discretion of the Corporation, any where in India or to any branch/office/project/ section/department/plant/unit etc.; as such, there is no basis in the, allegation of the petitioner-Union that there is violation of provision under Section 33 of the Industrial Disputes Act, 1947 in the absence of change in service conditions.
4. In view of the above respective contentions, it cannot be said that transfers are affected by the respondent-Corporation contrary to the provision under Section 33 of the Industrial Disputes Act; 1947. In the judgment relied on by learned Counsel for the petitioner, in the case of M/s I.D.L. Chemicals Karmika Sangham, Kukatpally v. State of A.P. reported in 1985 (2) APLJ 19 (short notes), learned Single Judge of this Court held that remedy under Section 33-A of the Industrial Disputes Act, 1947 does not oust the writ jurisdiction, in case there is violation in change of service conditions. In the instant case from a reading of the appointment order issued to one of the members of the petitioner-Union, it is clear that transfers can be effected from one unit to another unit. In view of the said condition in the very appointment order, prima facie, it cannot be said that the members of the petitioner-Union cannot be transferred from one unit to another unit of the respondent-Corporation. Even otherwise, in view of the proceedings of the BIFR and scheme for voluntary retirement notified by the Government, when the Units is not in operation at all, it cannot be said that they cannot be transferred at all from non-operating unit to needy unit of the same Corporation. In that view of the matter, no case is made out by the petitioner-Union that there is violation of provision under Section 33 of the Industrial Disputes Act, 1947, so as to interdict such transfers, by issuing Writ of Mandamus, in exercise of powers under Article 226 of the Constitution of India.
5. The Writ Petition is devoid of merits and is accordingly dismissed. No costs.