H S MANJUNATH Vs. MANAGING DIRECTOR KSRTC

JUDGEMENT

(1.) PETITIONERS in these writ petitions have called in question the orders of transfer dated 7-1-2009 issued by respondent no. 3 transferring the petitioner No. 1 from tumkur Division, Karnataka State Road transport Corporation (in short referred to as 'the KSRTC) to Yadgir Division of North East karnataka Road Transport Corporation (in short referred to as 'the NEKRTC) and dated 7-1-2009 issued by respondent No. 3 transferring petitioner Nos. 2 and 3-from Tumkur division, KSRTC to Chikkodi Division, North west Karnataka Road Transport Corporation (in short referred to as 'the NWKRTC) produced at Annexures-F and G respectively and for a mandamus directing the respondents to permit the petitioners to work in their parent division viz. , at Tumkur.

(2.) AH the petitioners were appointed as conductors during 1989, 2002 and 2004 respectively. The KSRTC is established by the state in exercise of its power trader Section 3 of the Road Transport Corporation Act, 1950 (here in after referred to as 'the Act' ). Subsequently, the State Government exercising its power under Section 3 of the Act formed three separate Corporations viz. , Bangalore metropolitan Transport Corporation w. e. f. 15-8-1997, NWKRTC w. e. f. 1-11-1997 and nekrtc w. e. f. 1-11-2000 apart from k. S. R. T. C. formed earlier by carving out separate area of operation for each of the Corporation, original area of KSRTC was reduced. All Corporation became independent by operation of law. Employees working in different area became the employees of respective corporation, however, option was given to employees either to continue or change the corporation. Petitioners continued in KSRTC.

(3.) PETITIONERS formed a new Trade Union and registered the same in the name and style as (Vernacular matter omitted) (hereinafter referred to as 'the Union') w. e. f. 7-11-2008. The said Union is affiliated to CITU i. e. Central federation of Trade Union. In this regard, the chief Labour and Welfare Officer, KSRTC sent a letter dated 22-12-2008 calling upon the Union to submit a copy of bye-laws and list of all office-bearers. First petitioner is the general Secretary, petitioner Nos. 2 and 3 are the General Secretary and Organizing Secretary of the Union at divisional level. On 2-1-2009, a Conference was held at Tumkur Division and the Union submitted a list of office bearers to the Chief Labour and Welfare Officer, by its letters dated 9-1-2009 and a joint action committee of 7 Unions was also formed and raised the demands of the employees as regard to pay scale revision. When their demands were not met, a notice under Section 22 of the Industrial Disputes Act, 1947 was issued inter alia informing the Corporation of the proposed strike from 19-1-2009. When the union was actively thinking of taking the grievances of the employees before the Corporation, the Depot Manager issued a relieving order dated 8-1-2009 without issuing any transfer order and thereafter, petitioners got the order of transfer dated 7-1-2009 inter alia transferring the petitioners from one Corporation to another Corporation.