M CHELLAN Vs. TAMIL NADU MINERALS LIMITED

JUDGEMENT

(1.) By consent of both parties writ petition itself is taken up for disposal. The petitioners who are working in the second respondent Mine at Kodihalli in Dharmapuri District, aggrieved by the order of transfer dated 1-7-2002, transferring them from Kodihalli quarry in Dharmapuri District to Thogaimalai quarry at Kulithalai, Trichy District, have filed the above writ petition to quash the said transfer order on various grounds.

(2.) The case of the petitioners is briefly stated hereunder: According to them, they are working in the second respondent Mine at Kodihalli in Dharmapuri District from 1989. They are all quarry workers. Most of them belong to Most Backward Class and settled down in the nearby villages. They are paid a net salary of Rs.2,900/- per month. They stay in hutments. They have never been selectively transferred beyond the quarry. Though the Management has general power of transfer under Clause 13 of the Standing Order, it is confined by exigencies of service and also without prejudice to the existing service conditions. The transfer will prejudice their service condition. Transferring such low paid workers like the petitioners who had not seen their life beyond their village is not contemplated in their service conditions. Though the petitioners have made separate representation to the management objecting their transfer, since there has been no reply, filed the present writ petition.

(3.) On behalf of the respondents, Assistant General Manager, Tamil Nadu Minerals Limited, Chennai-5 has filed a counter affidavit disputing various averments made by the petitioners. The Tamil Nadu Minerals Limited (hereinafter referred to as "TAMIN") is wholly owned by Government of Tamil Nadu and it is a Government company established with the object of exploiting mineral wealth in the State of Tamil Nadu. All the 10 petitioners have joined work only during the period between June, 1990 and November, 1990. The present shifting order in question was intended only as temporary arrangement to carry out the mining operation departmentally in the Thogaimalai 276/2 quarry of Kulithalai Taluk of Karur District by deploying manpower from other quarries such as Sivanmalai of Erode Division, Bevanur of the same Pennagaram Division. The present arrangement was a temporary one and no mala fide intention behind the transfer order. By following the established principle of seniority, 10 junior workers of Kodihalli alone were shifted. There is no discrimination. The Thogaimalai 276/2 quarry where the petitioners were ordered to report for duty is a potential quarry which was under the operation of the Raising-cum-sale Agency till 30-6-2002 and on the expiry of the said agency period, and in the light of the orders of this Court, it was decided to carry out mining operation departmentally with effect from 5-7-2002 by introducing modern machineries totally to ensure environment friendly operations. They made all necessary arrangements for immediate transit accommodation for the workers in the new place near the Thogaimalai quarry including subsidised lunch from 5-7-2002. All the other workers transferred from Sivanmalai and Bevanur quarries joined at Thogaimalai 276/2 quarry, while the petitioners are protesting the transfer. An advance to meet the educational expenses for their children was granted. Medical facilities to their family members are being taken care of by the Tamin and subsidised lunch scheme apart from tea allowance has been introduced from 15-5-2002. The transfer in question does not involve any change in service conditions in any manner since the nature of work is same in both the quarries but for change of place and such transfer is very well within the provision of the Standing Orders and already in vogue for workers of any cadres ever since 1991 after Regular scales of pay have been implemented to the workers' category.