B GOPALAKRISHNAN Vs. INDIAN POTASH LTD

JUDGEMENT

(1.) This appeal is directed against the decision dated 17th July, 1980 of Mohan, J., in Writ Petition No. 5916 of 1979. The appellant herein was employed as a clerk by the respondent-Management with effect from 1st August, 1973. He successfully completed the prescribed period of probation of six months and he was confirmed in that post with effect from 1st January, 1974. Some of the employees of the respondent-Management were members of the All India Indian Potash Employees Union. They had made several demands such as revision of scales of pay, existing daily batta, supply of uniforms, comprehensive insurance, etc., on the Management which the Management was not in a position to comply with. Eventually, the Government of Tamil Nadu by G. O. Ms. No. 702, Labour and Employment, dated 10th March, 1978 had referred the said dispute under section 10(1)(d) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) to the Industrial Tribunal, Madras, and the same had been taken on file by the Tribunal on 10th July, 1978 as I. D. No. 46 of 1978.

(2.) While that dispute was pending, on 1st June, 1979, the Management passed orders transferring the appellant from Madras to Ahmedabad. The petitioner by letter dated 8th June, 1971 requested the Management to rescind the said transfer order. The Management having declined to rescind the transfer order, he filed a complaint (Complaint No. 5 of 1979) before the Tribunal under section 33-A of the Act complaining that the Management has been guilty of contravention of the provisions of section 33 of the Act inasmuch as the Management has not obtained the prior approval of the Tribunal as he is a protected workman and that in any event the order of transfer amounted to a change in the conditions of service which is prohibited by section 33 (2) of the Act.

(3.) The said complaint was resisted by the Management contending that there was no contravention of the provisions of section 33 of the Act and that an order of transfer will not amount to a change in the conditions of service and as such there is no necessity to obtain the prior sanction or approval. The Management also denied that the appellant is a protected workman or that the transfer order is a mala fide action taken to victimise him for his union activities. In view of the said rival contentions, the Tribunal set down the following two issues in Complaint No 5 of 1979: