R P BIDANI Vs. HINDUSTAN LEVER LTD

JUDGEMENT

(1.) Mr. R.P. Bidani, the appellant herein has challenged judgment dated 27th September, 2004 passed in W.P.(C) No. 1957/1989 titled Hindustan Lever Limited versus Industrial Tribunal-I and Another. By the impugned judgment learned Single Judge of this Court has set aside order/award dated 4th February, 1989 passed by the Presiding Officer, Industrial Tribunal-I, inter alia, holding that the said tribunal did not have the territorial jurisdiction to adjudicate the application filed by the respondent herein, M/s Hindustan Lever Limited-the management, under Section 33(2)(b) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act, for short).

(2.) The facts which are relevant for adjudication of the present appeal may now be noticed. In 1953 the appellant was appointed as an accounts clerk in Hindustan Vanaspati Manufacturing Company Limited, Ghaziabad. He was working at Ghaziabad. The said company was later on amalgamated with the respondent company. The appellant became an employee of the respondent and continued to work at Ghaziabad.

(3.) On 26th September, 1975 the appellant was transferred to Delhi. The appellant protested but ultimately joined Delhi office on 8th January, 1976. It is the case of the appellant that he joined the said office without prejudice to the pendency of the reference proceedings challenging and questioning the order of transfer dated 26th September, 1975. The transfer was made subject matter of an industrial dispute No. 47/1976 (later on re-numbered 42/1978 before Labour Court, Meerut, subsequently transferred to Labour Court, Ghaziabad).