BERGER PAINTS INDIA LIMITED REGIONAL OFFICE, VALIYARA CHAMBERS, K K ROAD Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) Ext.P5 award of the Labour Court, Ernakulam is under challenge in this writ petition filed by the Management of the Berger Paints India Ltd., which is a Public Limited Company.

(2.) The issue referred for adjudication in Ext.P1 to the Labour Court, Ernakulam was justifiability of transfer of 4 employees of the petitioner. It was numbered as I.D.4 of 2015. The petitioner transferred 4 of its employees from their Cochin Depot to Chennai, Hyderabad, Goa and Bangalore saying that their depot at Cochin was closed down and therefore it was necessary to transfer the employees, who were working in their Cochin depot to other depots/offices under them. The 2nd respondent Union filed Ext.P2 claim statement and the petitioner filed Ext.P3 written statement to which the 2nd respondent filed Ext.P4 rejoinder. The allegation of the 2nd respondent was that the transfer amounted to unfair labour practice and victimisation. The contention of the petitioner was that the godown at Cochin had become inoperative. It was stated that on account of the obstructions against its functioning from 30.8.2013 onwards it had to be closed down and there was no victimisation or unfair labour practice.

(3.) The workmen claimed that they had submitted a charter of demands for wage revision. As the petitioner was engaging workers through an outsourcing agency for several years, the trade union took up their case for regularisation and had submitted a charter of demands. When the conciliation meetings did not have any positive results, the workers under the 1st respondent went on strike from 30.08.2013 after giving notice, demanding regularisation and wage structure for the workers engaged through the outsourcing agency. The management opened a new depot at Aroor and recruited fresh hands to carry out the operations in the godown. They transferred 4 workmen who were office bearers and active workers of the trade union.