P PUSHPAKARAN Vs. COIR BOARD

JUDGEMENT

(1.) In this writ petition I am called upon to decide the question whether the transfer of the petitioner by the Coir Board was in the exigencies of service or was for other reasons. The task is none too pleasant. I tried my best to persuade the counsel for the Coir Board to arrive at a satisfactory adjustment so that I could dispose of the writ petition without considering the rival contentions on merits I wanted a consensual order if possible in view of the fact that the petitioner bad continued at Ernakulam till now in spite of the transfer order dated 31-3-1975 and since the ground urged for Ext. P3 transfer is no longer available. The transfer was necessitated as a Clerk in the Bombay Office went on leave for 45 days. She has now jointed duty. Therefore, the need to fill up the vacancy and the administrative reason urged in support of Ext. P3 no longer exists. However, the counsel for the Coir Board was not amenable to this suggestion. His apprehension was that the cancellation of Ext. P3 transfer order might be indirectly interpreted to mean that the Coir Board had no power to transfer its employees. I made it clear that no one disputed the power of an employer to transfer his employees for administrative reasons and a transfer could be called in question in a Court of law only when there was strong evidence in support of the mala fide plea. I have to decide the case on merits, since no agreed order can be passed.

(2.) The petitioner's case of mala fides has been projected in his petition and in the reply affidavit against the background of along history of victimisation by the then Chairman and the Secretary of the Coir Board of employees who, according to the petitioner, were not submissive to them. I shall simply state the facts on which the allegations of mala tides is sought to be built up.

(3.) The petitioner is a Lower Division Clerk in the Coir Board at Ernakulam. He joined service on 27-5-1968 and has been working in the Head Office of the Coir Board at Ernakulam. There are more than 200 employees in the Coir Board. The Coir Board Staff Association was founded in the year 1967. This Association was granted recognition by the Board on 8th July,