MANAGEMENT Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The petitioner is a Company incorporated under the Companies Act, 1956, engaged in the business of providing integrated facility management services including but not limited to housekeeping, estate management, etc., to various companies in Chennai and other parts of the Country. The employees would be transferred from one establishment / client location to another establishment / client location based on the exigency of work.

(2.) The second respondent was appointed as Building Management System Operator and deputed to one of the client's premises namely Estancia. Since his work was not satisfactory and there was complaint from the Site Supervisor, he was reallocated to another client site called CTS Unit situated in MEPZ, Tambaram in April 2013. Even though the second respondent did not satisfy the client with his performance, the HR Manager of the petitioner persuaded the Management to utilize the services of the second respondent. Accordingly, he was posted there. But the second respondent did not report for duty and raised an industrial dispute on 14.05.2013 before the Labour Officer - II, Labour Department, Chennai for illegal termination.

(3.) The petitioner / company by its reply dated 25.06.2013 has narrated the conduct the second respondent and stated that they have never asked the second respondent to resign or terminated him. But, he is still on the rolls of the company. He was not reporting for work at the new site and sought for a direction to direct the second respondent to report to duty at the client's site.