(1.) By way of this writ petition the petitioner-management has challenged the award dated 20-05-2004 of the Industrial Tribunal in ID Case No. 70/99 whereby the transfer of the respondent-workman from Delhi office of the petitioner Company to its Jaipur office had been held to be illegal.
(2.) The petitioner's case is that the respondent-workman was employed by it as a peon in the year 1984 and he was initially posted at its Delhi office and in the year 1998 he was transferred to Jaipur office due to exigency of service.
(3.) The respondent-workman's case was that his transfer to Jaipur was mala fide. He had raised an industrial dispute challenging his transfer and that dispute came to be referred to the Industrial Tribunal by the appropriate Government. The industrial tribunal after inviting statement of claim from the respondent-workman and response to the same from the petitioner-management and recording evidence of both the sides came to the conclusion that the transfer of the respondent-workman was not justified since it was not a term of his contract of employment that he could be transferred from one place to another and that the certified standing orders which were being relied upon by the petitionermanagement to in support of its defence that as per Clause 28 of the Standing Orders framed and got certified by it from the Competent authority under the Industrial Employment(Standing Orders) Act, 1946 at Rajasthan providing for transfer of all its employees from one office to other, either within the State of Rajasthan or even outside Rajasthan, were not applicable to the respondent-workman as he was not made aware of the same.