RAVINDER KUMAR Vs. DEPUTY LABOUR COMMISSIONER

JUDGEMENT

(1.) The issue that arises in the present case is whether the learned Labour Commissioner was correct in not entertaining the reference filed by the appellant/workman, citing a lack of territorial jurisdiction. The impugned action was taken in the context of an application filed by the workman on 5/3/2018 under Sec. 29 of the Industrial Disputes Act, 1947 ("ID Act"), seeking to challenge the order transferring him from the Delhi branch of the Management to the Patna branch, vide letter dtd. 28/2/2018 issued by respondent no. 6.

(2.) The workman claimed that he had been a permanent employee of the Management since 26/12/2002 as a Senior Operator, designated as a Technical Supervisor. He claimed that his work is manual and technical in nature. On an earlier occasion, the workman was transferred from NOIDA, U.P. to Jalandhar. It appears that along with the appellant, other workmen were also transferred, leading to all employees going on a strike on 11/7/2016. At that time, the dispute was referred to the Deputy Labour Commissioner, NOIDA, U.P., where the workmen and the Management entered into a settlement agreement on 20/7/2016. It was agreed between the parties that any further order of transfer would be changed as per the convenience of the workmen. Apparently, after the aforesaid settlement, the reference before the Labour Commissioner, NOIDA, was withdrawn, and the workman was thereafter posted in Delhi. During his posting in Delhi, the impugned order transferring him to Patna was passed on 28/2/2018, which led to the filing of the concerned reference before the Deputy Labour Commissioner and the consequent dismissal of the said reference, which has been impugned in the present proceedings.

(3.) The rationale given by the learned Deputy Commissioner, Labour Court, for not entertaining the reference was that the earlier settlement arrived at between the parties was before the Deputy Commissioner, Labour Court, NOIDA, and that the subject action would be a breach of that settlement. On the industrial dispute being raised, the learned Joint Labour Commissioner referred the same to the Labour Court for adjudication with the following terms of reference: