JUPITER CASHEW COMPANY Vs. STATE OF KERALA

JUDGEMENT

(1.) The judgment of the court was delivered by Kader, J.- This appeal filed by the petitioner in O.P. No. 2339/80-J is directed against the judgment therein refusing to quash Ext, P-3, an order of reference made by the Government of Kerala, the 1st respondent herein under, S.10(1) of the Industrial Disputes Act, 1947, hereinafter called the Act, for brevity. The third respondent herein while he was working in the Quilon office of the petitioner was transferred to Murikkumpadom on 6th February 1978, where the petitioner has a branch office. According to the 3rd respondent his transfer to Murikkumpadom was against the terms of his employment and the transfer under the circumstances raised an industrial dispute which requires to be adjudicated by the Tribunal.

(2.) The appellant contended that the third respondent was employed in a managerial capacity; that he was not a workman coming within the definition of that term under the Act; that this matter was, on an earlier occasion, fully considered by the Government and the reference of the dispute was refused by Ext. P-2 order, dated 13th March 1978; that Ext. P-3 order passed after almost 2 years was one without jurisdiction and that there is no dispute capable of being adjudicated under the Act existing between the concerned parties.

(3.) In the counter affidavit filed on behalf of the Government, it was contended that the third respondent was not a manager; that he was only a clerk drawing below Rs. 500 per mensem; that on the basis of the materials available the Government felt that it was only fair that the dispute which requires examination of facts is finally decided by a competent tribunal and that it was not fair to take a final decision on the disputed question by the Government.