SPIC EMPLOYEES UNION Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner has filed the above writ petition seeking to issue a writ of certiorarified mandamus, to call for the records relating to the order in G. O. (d) No. 729, Labour and employment Department, dated August 8, 1996, passed by the first respondent as confirmed by order No. 39888/b1/96-6, June 23, 1997, passed by the second respondent, quash the same and to direct the first respondent to refer the matter for adjudication under the provisions of the Industrial Disputes Act.

(2.) THE case of the petitioner in brief is as follows: the petitioner is a registered trade union to protect the interests of the employees of spic, the second respondent herein and all the employees of SPIC, other than officers are members of the petitioner-union; that in the present pattern of transfers, there is wide scope for abusing the power of transfer on the part of the management; that the employees are often transferred from fertilizer division to SPIC maintenance organisation at Chennai, Baroda and Mumbai in the guise of deputation where the service conditions differ vastly; that though the management agreed to have a suitable transfer policy, to check the mala fide and capricious transfers, no proper action had been taken in that regard. Despite the settlement, dated May 26, 1983, the management did not evolve a suitable policy. Therefore, strike notice was issued on November 23, 1995. Despite the conciliation efforts, the management remain adamant and so, the deputy Commissioner of Labour submitted the failure report on April 18, 1996. However, the first respondent by order dated June 18, 1996 declined to refer the said dispute for adjudication and hence, the petitioner has come forward with the above writ petition with a prayer stated supra.

(3.) HEARD both.