LARSEN & TOUBRO EMPLOYEES UNION, REP. BY ITS SECRETARY, R. RAMU Vs. THE LABOUR OFFICER (CONCILIATION), OFFICE OF THE LABOUR OFFICER (CONCILIATION), GOVERNMENT OF PUDHUCHERRY, PUDHUCHERRY

JUDGEMENT

(1.) Office bearer of M/s. Larsen & Toubro Employees Union, has been transferred by the management of M/s.Larsen & Toubro Limited, Pudhucherry vide proceedings in Ref.No.M-RH/ST-T/AP-1/40343 dated 04.01.2012.

(2.) According to the petitioner, an industrial dispute has been raised before the office of the Labour Officer (Conciliation), Government of Pudhucherry and the said officer has issued notice. Since transfer has been effected pending conciliation, there is infraction of Sec. 33 (2) of the Industrial Disputes Act and in such circumstances, writ petition has been filed. However, after going through the conciliation notice and taking note of a decision of the Honourable Apex Court in Transport and Dock Workers Union Vs. Mumbai Port Trust reported in (2011) 2 SCC 575 , at paragraph Nos. 3 to 5, the writ Court vide order dated 28.02.2012, dismissed the writ petition. Paragraph Nos.3 to 5 of the order are extracted hereunder.

(3.) Though, Mr. D. Bharatha Chakravarthy, learned counsel for the appellant reiterated the very same grounds and further contended that when the conciliation is pending, without getting approval, transfer cannot be effected and therefore, the writ is maintainable, this Court is not inclined to accept the said contentions.