MADHAVAN K Vs. NATIONAL CARBON COMPANY

JUDGEMENT

(1.) The plaintiff in O. S.No. 39 of 1980 on the file of District Munsif, Ponneri, is the appellant herein. He was an employee since September 26, 1963, under the respondent herein. The appellant herein was transferred to a sister concern of the respondent, viz. Eveready Flashlight Company, Lucknow, by proceeding, dated June 10, 1989. Challenging the order of transfer, the suit has been filed, for declaration that the transfer order, dated June 10, 1989, transferring the appellant to Lucknow is null and void and for consequential permanent injunction restraining the defendant, respondent herein from giving effect to the said order, dated June 10, 1989.

(2.) The respondent filed written statement stating that the order of transfer the subject matter of the suit, was passed only on administrative ground to meet the exigencies of work. The order of transfer has already been given effect to and the appellant also joined in service at Lucknow and claimed travelling allowances also and hence the prayer for injunction is not maintainable. As there is no mala fide in the passing of the impugned order of transfer, the suit is liable to be dismissed. Further the suit is also not maintainable since the appellant had filed C.P.No. 942 of 1989, on the file of the Labour Court, Madras, alleging that by virtue of the transfer order the appellant is victimised.

(3.) On the above pleadings and the evidence let in by both the parties, the learned District Munsif by his judgment and decree, dated July 19, 1994, had dismissed the suit. The learned District Munsif held that the order of transfer is only on administrative ground and there is no mala fide on the part of the respondent herein in transferring the appellant to Lucknow. Further the appellant, having joined in duty at Lucknow without any objection or protest, it is not open to him to challenge the order of transfer.