NORTH DELHI POWER LIMITED Vs. TILAK RAJ

JUDGEMENT

(1.) The challenge by the petitioner is to the award of the Labour Court dated May 23, 2013 in I.D No.529/2010 whereby the Tribunal has set aside the transfer of the respondent from Keshav Puram to Karala, District Bawana, Delhi vide order dated October 14, 2009 as mala fide, illegal and unjustified with a further direction to transfer the respondent back to his original place of posting.

(2.) The respondent at the relevant time while working as Junior Engineer was transferred vide order dated October 14, 2009 from Keshav Puram to Karala, District Bawana, Delhi. Pursuant thereto he made representations to the authorities against the said order. That apart the Delhi State Electricity Workers Union also took up the issue of transfer of the respondent to Karala, District Bawana. Thereafter he raised an industrial dispute which was referred to the Industrial Tribunal by the appropriate government.

(3.) It was the case of the respondent in his claim petition that he was promoted to the post of Junior Engineer from the post of Fitter. After the privatization he became the employee of New Delhi Power Ltd (NDPL). As per the tripartite agreement between the Govt. of NCT of Delhi and various Unions on October 28, 2000, as notified in the Gazette the service conditions and benefits which were being availed by the employees shall remain unaltered and continue to remain same in respect of the employees who were transferred to new entity i.e. NDPL.