H N KAUL Vs. PRESS TRUST OF INDIA

JUDGEMENT

(1.) THE appellant herein was a journalist working with the Press Trust of India (for short 'pti'), respondent No. 1 herein. While he was working as such, the Board of Directors of PTI that a senior Journalist hold is posted to Cairo took a decision. Consequent to the aforesaid decision, a transfer order was issued by the General Manager of PTI whereby the appellant herein was transferred to Cairo by order dated 7th October 1992. After receipt of the aforesaid letter on 12th November 1982, the appellant wrote to the General Manager stating that he was not able to accept the generous offer of posting to Cairo due to domestic and health reasons. The General Manager again issued a letter on 4th May 1983 to the appellant herein informing him about the decision of the Board that the appellant should be posted to Cairo. It was further informed in the aforesaid communication that the appellant would be released from the Delhi Office on 15th May, 1983. The appellant, however, did not proceed on transfer but was asking for cancellation of the order of transfer on the ground of his health. Subsequently, near about last part of December, 1983, the appellant took up a plea that the order of transfer is mala fide and amounts to his demotion, as according to him he being a Group 'a' journalist, could not have been posted to Cairo, stated to be a Group 1b posting.

(2.) SO far the allegation of mala fide is concerned, it was the plea of the appellant that the aforesaid order of transfer was passed as a measure of punishment as he had made certain representations to the Board. In view of the aforesaid allegations made, which were denied by the respondents, an industrial dispute was raised and the matter was referred to the Industrial Tribunal on the following terms of reference: "whether the transfer of Sh. H. N. Kaul to Cairo is malafide and/or unjustified if so, to what relief is he entitled and what directions are necessary in this regard. "

(3.) THE Tribunal, while considering the reference, received evidence adduced by the parties and thereafter passed an award holding that since Shri H. N. Kaul, workman belonged to Group 1a, his transfer to Cairo by the management under letter dated 4th May, 1983 as Foreign Correspondent on a post which falls in Group 1b i. e. to a lower post, made without his consent, was not legal or justified.