MAHENDRA B. KHIMJI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners have challenged in this writ petition two orders passed by the Government of Karnataka on 24.11.1997 as per Annexures Q and R granting permission to the Assistant Labour Commissioner to prosecute the petitioners for violating Sections 25-T and 33(1) of the Industrial Disputes Act, 1947 under Sec. 25-U and Sec. 31 of the Act.

(2.) Petitioners 1 to 3 are directors of the fourth petitioner company. Fourth Petitioner Company has branches all over India. The present dispute pertains to its factory at Hubli. At Hubli they have employed 150 workers and 110 employees. They have sales offices at Chandigarh, Lucknow, Vadodara, Calcutta, Madras, Delhi, Nagpur, Hyderabad. Annexure-A is an order of appointment issued by them to its employees. Clause (6) of the appointment order specifically provides for transfer of the employees from one department or place to another at the discretion of the management. Transfer is a term of employment.

(3.) In the year 1996 after review of manpower when they found there were surplus employees among the staff category at Hubli and there was requirement of additional hands at various branch offices they decided to transfer 27 staff members to various other units. Accordingly, transfer orders were issued to 27 employees on 1-6-1996. On the same day they also issued suspension orders in respect of 7 workmen who indulged in obstruction and refusal to report at the re-deployed sections within the factory. Further 7 workmen were dismissed from service who were chronic absentees after holding domestic enquiry. These orders were issued on 1-6-1996. Protesting against this action of the management workmen went on strike from 1-6-996 without issuing any notice which continued up to 6-8-1996 on which date the Government of Karnataka passed an order prohibiting continuation of strike. The Government of Karnataka also referred the dispute pertaining to transfers, suspension and dismissal for adjudication to the Labour Court, Hubli, as per Annexures-C and D. The Labour Court at Hubli registered the reference as Reference No. 58/1996.