RAJEEV Vs. DIRECTOR OF INDUSTRIES AND COMMERCE

JUDGEMENT

(1.) THE petitioners are admittedly employees of the 2nd respondent/Society who have now been transferred to the Filling Unit of the 3rd respondent Society at Kollam itself.

(2.) THE short contention raised by the petitioners is that respondents 2 and 3 are independent Societies though the 3rd respondent is the Apex Society of the 2nd respondent/Society. The Societies being two separate legal entities, the employees are not interchangeable nor can an employee of one Society be transferred to the other. The 2nd respondent/Society admittedly is under the management of an Administrator. While the petitioners were continuing as Vitapacker and Twinker, by a memo dated 20.11.2010, produced as Ext.P2, they were transferred from the Filling Unit of the 2nd respondent to the Filling Unit of the 3rd respondent. The petitioners contended that they were being shifted at the dictates of the Managing Director of the 3rd respondent/Society as is evident from the letter referred to in Ext.P2. The petitioners hence made representation before the concerned authorities and no action was taken to transfer them. However, again by Exts.P3 and P4, they were asked to report before the Managing Director of the

(3.) BEFORE the 1st respondent, the 3rd respondent contended that they have administrative and financial control over the Primary Cashew Workers Co -operative Societies working under the Apex Society. It was also contended that the salary was paid by the Apex Society and that the salary is fixed by the Industrial Related Committee. In such circumstances, a contention was raised that all the employees of the Primary Societies were treated as employees of the CAPEX and that they are liable to be transferred amongst the primary Societies as also to the Apex Society. By Ext.P8, the 1st respondent noticed the said contentions and directed the Apex Society to produce relevant records to prove their contentions. Subsequently, Ext.P10 order was passed which is assailed in this writ petition.