LOHIA STARLINGER LTD Vs. GOVT OF NCT

JUDGEMENT

(1.) The effect of an order of transfer on the situs of appointment of the workman for the purposes of determination of the territorial jurisdiction of the appropriate Government exercising jurisdiction under the Industrial Disputes Act to entertain a complaint arising from the termination of services of an employee for not obeying such order of transfer and remaining absent from the place of transfer is the question raised by the petitioner in the instant case.

(2.) There is no dispute to the factual matrix. The petitioner no.1 is admittedly a company which is based in Kanpur and had appointed the respondent no.3 as a Receptionist-cum-Telephone Operator in terms of letter of appointment dated 17th December, 1992. This letter of appointment inter alia contained the following stipulations:-

(3.) Annexure B to the letter set out in detail the duties and responsibilities and other terms and conditions which the respondent no.3 was required to accept and include inter alia the following:-