J ABBAI Vs. MANAGEMENT TNSTC LTD KUMBAKONAM

JUDGEMENT

(1.) ?(Prayer: Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the 2nd respondent to transfer the I.D.No.139/2004 on the file of Labour Court at Cuddalore to any other nearby Labour Court with the permanent Judge to dispose the said case at the earliest with the time frame to be fixed by this Honourable Court.) 1. This Writ Petition is filed by the workman seeking for transfer of the Industrial Dispute No.139 of 2004 on the file of the Labour Court at Cuddalore to any other nearby Labour Court, which is functioning and also to dispose of the said case at the earliest.

(2.) IT is the stand of the petitioner that there is no Presiding Officer for the 2nd respondent Labour Court. Therefore, the case must be transferred. IT is not clear as to how such a Writ Petition is maintainable when there is no specific power conferred on this Court for effecting such transfer. In fact the provisions of the Industrial Disputes Act, more particularly Section 33-B enables only the State Government to withdraw any proceedings pending before any labour Court and to transfer for convenience disposal of the case to any other Labour Court. By passing order in writing and applying reasons, such transfer can be effected. Therefore, it is for the petitioner to work out his remedy in the manner provided under the Industrial Disputes Act. This Writ Petition is certainly misconceived and accordingly it stands dismissed. The petitioner has to work out his remedy in terms of the law. No costs.