(1.) THIS appeal by special leave arises out of an industrial dispute between the appellant, the management of National Radio Corporation, and the respondents, its workmen. The dispute which the Chief Commissioner of Delhi referred for adjudication to the industrial tribunal was regard to the transfer of ten employees effected by the appellant; and the tribunal was asked to decide whether the said transfer was the result of victimization as alleged by the Engineering Mazdoor Sangh, and if so, to issue consequential directions.
(2.) THE appellant is the owner of National Radio Corporation which carries on the business of manufacturing radio parts in its factory at 2, D.L.F. Industrial Area, Najafgarh Road, New Delhi. This factory is otherwise known as the "Moti Nagar Factory." According to the appellant, in order to cope with its expanding business, it has started another factory at Nangloi, this factory being described as the "Nangloi Factory." The distance between the two factories is about eight miles.
(3.) THUS , the appellant's case was that it had the right to transfer its employees from one factory to another and the said right had been exercised bona fide in the interests of the new factory which it had started at Nangloi.