BHASKARAN NAIR Vs. MANAGEMENT PREMIER TYRES LIMITED

JUDGEMENT

(1.) THE award of the Industrial Tribunal, Calicut, in Industrial Dispute No. 30 of 1972, dismissing the complaint of the petitioner under Section 33 (A) of the Industrial Disputes Act, questioning the order of the Management transferring him from the company's factory to the company's sales division, is under attack in this original petition.

(2.) THE petitioner was working as Supervisor (Garden, House Keeping and Seraps) in the Premier Tyres Ltd. , Kalamassery. He was placed under suspension pending enquiry for alleged misconduct. The misconduct alleged were, wilful disobedience of lawful and reasonable orders of superiors, striking work, inciting others in striking work in contravention of law, initiating, conducting and participating in strike against law and conducting and attending meeting in the premises of the factory without the permission of the management on 8-12-1969. An enquiry was conducted in respect of the charges levelled against the petitioner by one O. T. K. Nambiar. The petitioner was found guilty of the charges levelled against him. The finding was accepted by the management and the petitioner was dismissed with effect from the date of suspension. At that time the petitioner was General Secretary of Premier Tyres Employees Association, On behalf of the petitioner, an industrial dispute was raised as regards the dismissal. This dispute was referred to the Industrial Tribunal, Alleppey. It had been contended in the dispute that the dismissal was on the grounds of victimisation and it was further contended that the findings in the enquiry were perverse, apart from the allegation that the enquiry proceedings were vitiated on the ground of violation of the principles, of natural justice. The company resisted these contentions. The Industrial Tribunal, Alleppey, by award dated 16th October, 1971 and published in the Kerala Gazette dated 2nd November, 1971, set aside the dismissal and directed reinstatement of the petitioner with back arrears. The Management filed writ petition in this Court as O. P. No. 5436 of 1971. The original petition was dismissed and an appeal filed in the matter before the Division Bench was also rejected in limine. Consequently, the petitioner was reinstated in service on 11th May, 1972.

(3.) SUBSEQUENTLY on 23rd May, 1972, the petitioner was transferred to sales depot of the company at Ernakulam and then again transferred to Cannanore. According to the petitioner, his chances of promotion in the factory were affected by this transfer. His emoluments were also considerably reduced. At the time of transfer, two Industrial Disputes were pending, before the Industrial Tribunal, Calicut, the second respondent, as well as before the Labour Court, Quilon. The industrial dispute pending before the second respondent as ID. No. 3 of 1971 was regarding the charter of demands submitted by the premier Tyres Employees Association as well as the Premier Tyres Workers Union and also regarding bonus for the year 1969. The dispute before the Labour Court, Quilon, was regarding the dismissal of a worker by name Abdul Khader, which dispute, has been sponsored by the petitioner's union, viz. , Premier Tyres Employees Association. The said dispute was referred to the Industrial Tribunal, Calicut, since the conciliation failed. I. D. No. 3 of 1971 was disposed of by an award dated 24-3-1973 and published in the Government Gazette dated 15th May, 1973.